South Dakota · Federal and State Claims
South Dakota TCPA Lawyer: Robocalls, Spam Texts, and Do Not Call Violations
Consumers in South Dakota are protected by the federal Telephone Consumer Protection Act and, in appropriate cases, by South Dakota telephone solicitation statutes. South Dakota's deceptive practices statute provides a private right of action for actual damages.
South Dakota consumers usually proceed under the federal TCPA because state remedies require proven actual loss.
This South Dakota summary is general information drafted from publicly available statutes and is pending final attorney verification. It is not legal advice. Statutes and citations change; confirm current authority before relying on any statement here.
South Dakota at a glance
- Principal state statute
- South Dakota telephone solicitation statutes (S.D. Codified Laws § 37-30A-1 et seq.)
- Private right of action
- South Dakota's deceptive practices statute provides a private right of action for actual damages.
- Potential remedies
- Federal TCPA statutory damages of $500-$1,500 per violation.
- Calling hours
- Telemarketing calls are generally restricted to daytime hours; the federal rule bars solicitation calls before 8:00 a.m. or after 9:00 p.m. in the called party's time zone.
- Do Not Call rules
- South Dakota relies on the National Do Not Call Registry.
- State consumer protection act
- South Dakota Deceptive Trade Practices Act (S.D. Codified Laws § 37-24-1 et seq.)
Last legally reviewed: 2026-08-13. Federal claims are generally subject to a four-year limitations period; state limitations periods vary and may be shorter.
How federal and South Dakota claims work together
A single unwanted call or text can support more than one claim. The federal TCPA addresses how the communication was placed, including autodialed calls, prerecorded and artificial-voice messages, and calls to numbers on the National Do Not Call Registry. South Dakota telephone solicitation statutes and the South Dakota Deceptive Trade Practices Act address conduct under South Dakota law and can add remedies. Federal TCPA statutory damages of $500-$1,500 per violation.
If you lived in or traveled through more than one state during the calling period, tell us. The state where you received each communication can change which statutes apply.
Evidence South Dakota consumers should preserve
- Screenshots of every text message, including your STOP reply
- Your call log showing dates, times, and incoming numbers
- Voicemails, especially prerecorded or artificial-voice messages
- Your National Do Not Call Registry registration date
- Any South Dakota state do-not-call registration, if applicable
- The name of the company, brand, or product being promoted
- Notes of when and how you asked the company to stop
60-Second Case Checker
Do You Have a TCPA Claim?
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- Federal law provides $500 per violating call or text, up to $1,500 if willful
- Many states add their own telemarketing and do-not-call remedies
- There is no obligation to proceed
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Confidential Case Review for South Dakota Consumers
Tell us about the calls or texts you received in South Dakota. There is no obligation to proceed.