Unwanted calls and texts in South Dakota: what the rules say

South Dakota's telemarketing law defines covered unsolicited consumer communications to include calls and texts. For covered communications to a residence, the law generally bars contact before 9 a.m., after 9 p.m., or on Sunday. A separate state Do Not Call register applies to unsolicited telephone calls.

Where the rules draw a line

The state register and its civil penalties are written for telephone calls; do not extend the registry rule to texts. The telemarketing law has exceptions for existing relationships, requested communications, certain appointments, and other listed transactions.

What this can mean for a consumer

A consumer adversely affected by a willful violation of the telemarketing chapter may seek twice actual damages or $500, whichever is greater, plus court costs and attorney fees. Separate PUC civil penalties of up to $5,000 per offense apply to violations of the state call registry; they are public enforcement, not consumer damages.

Keep the details

Save the full text thread, call log, voicemails, dates and times, the company or product named, and any reply asking the sender to stop. Those details can help show what happened; they do not establish by themselves that a law was violated.

Official South Dakota sources

This page is general information, not legal advice. State and federal rules have different definitions, exceptions, and deadlines. Whether a rule applies depends on the facts and current law.