Robocall Help · South Dakota
Robocall Lawyer in South Dakota: $500 to $1,500 Per Illegal Call
South Dakota’s telephone solicitor law, SDCL 49-31-99 through 49-31-108, is enforced by the Public Utilities Commission, and the state uses the national Do Not Call Registry as its register rather than keeping a separate list. The federal TCPA covers every 605 number and pays $500 to $1,500 per illegal call. If illegal calls or texts are hitting your phone in South Dakota, you may be owed $500 to $1,500 per call.
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South Dakota robocall law at a glance
The federal TCPA covers everyone in South Dakota. The Public Utilities Commission registers telemarketers and can fine them under state law.
Two laws protect South Dakota residents
The TCPA is the federal engine behind every robocall claim. South Dakota’s solicitor law adds registration and Public Utilities Commission fines.
The TCPA
The Telephone Consumer Protection Act, the nationwide law behind every claim.
- Protects everyone in South Dakota, no matter the state rules.
- Bars autodialed or prerecorded calls and texts to your cell without consent.
- $500 to $1,500 per call, stacking with every violation.
- You can sue personally, you don’t wait on the government.
South Dakota telephone solicitor law, SDCL §§ 49-31-99 to 49-31-108
What South Dakota adds on top of the federal rules.
- Registration: a telephone solicitor making unsolicited calls to South Dakota residents must register with the Public Utilities Commission, name an in-state agent for service and pay an annual fee (§ 49-31-99).
- Register: solicitors may not make unsolicited calls to numbers on the register, and § 49-31-103 lets the Commission use the national do-not-call registry as that register.
- Penalties: § 49-31-108 makes violators subject to civil penalties imposed by the Commission after notice and a hearing.
- Complaints: the Public Utilities Commission and the Attorney General’s Consumer Protection Division both take telemarketing complaints.
How the law works in South Dakota
The Telephone Consumer Protection Act, 47 U.S.C. § 227, is a federal law, so it protects a phone in Sioux Falls the same way it protects one in Rapid City, Aberdeen or Brookings. It bars autodialed and prerecorded calls and texts to cell phones without consent and bars telemarketing calls to numbers on the national Do Not Call Registry. Each illegal call or text carries $500 in statutory damages, and up to $1,500 when the violation was willful or knowing. Those figures stack per call, and because the whole state shares the 605 area code, a robocaller working a South Dakota list tends to hit the same phones repeatedly.
South Dakota does not keep a separate state no-call list. The state’s official do-not-call site tells residents to register at donotcall.gov or 1-888-382-1222, and SDCL § 49-31-103 allows the Public Utilities Commission to use the national registry as the state register. The state’s own rules sit in SDCL §§ 49-31-99 through 49-31-108. A telephone solicitor that makes unsolicited calls to South Dakota residents must register with the Commission, provide its name, address, federal tax ID and a registered agent in the state, and pay an annual fee of up to $500 before calling. Solicitors may not make unsolicited calls to numbers on the register, and § 49-31-108 makes a violator subject to a civil penalty imposed by the Commission after notice and a hearing. Those penalties go to the state. The Attorney General’s Consumer Protection Division takes complaints about deceptive telemarketing at 1-800-300-1986 and can act under the state’s deceptive trade practices law. Your recovery comes from the federal TCPA; the state registration and register rules are useful evidence that a caller was operating outside the lines.
Federal TCPA suits from anywhere in South Dakota are filed in the United States District Court for the District of South Dakota, which sits in Sioux Falls, Rapid City, Pierre and Aberdeen. Cases are handled nationwide under the federal TCPA. Local counsel is associated where South Dakota rules require it. Max Morgan, Esq. is licensed in Pennsylvania and reviews call records at no charge; there is no attorney’s fee unless you recover. The federal TCPA limitations period is generally four years, but other deadlines can apply, so talk to us before assuming there is time.
Getting illegal calls in South Dakota? Do this.
- Register on the national list.South Dakota uses the national registry as its own register, so add your number at donotcall.gov or by calling 1-888-382-1222 from the phone you want to register. Telemarketers have 31 days to remove it.
- Keep the evidence.Do not delete calls, voicemails or texts. Screenshot your call log and note the number, the company if you can tell, and what the recording said.
- Complain in South Dakota and nationally.Report the caller to the South Dakota Public Utilities Commission at 1-800-332-1782, file a complaint with the Attorney General’s Consumer Protection Division at consumer.sd.gov or 1-800-300-1986, report the number to the FTC at reportfraud.ftc.gov, and file with the FCC at consumercomplaints.fcc.gov. Complaints build the record; they do not pay you.
- Say stop, then get a free review.Tell the caller to stop if it is safe to do so. Calls that continue after that can be worth up to $1,500 each under the TCPA. Then find out whether your South Dakota calls qualify.
Why South Dakota residents reach out
Three patterns we see from South Dakota phones. If one sounds familiar, it is worth a free look.
A prerecorded sales call to a cell without consent is a TCPA violation on its own. Read about prerecorded call violations.
Wrong-number collection calls are one of the strongest TCPA fact patterns because you never consented. See how wrong-number robocall claims work.
Calls after a clear stop request can be treated as willful, which is where the $1,500 figure comes from. More on calls after you said stop.
What we help South Dakota residents with
Each of these is a real, recoverable claim under the TCPA.
Wrong-number robocalls
Prerecorded or auto-dialed calls meant for someone else. You can have a claim even though you’re not a customer.
About wrong-number robocall claimsWrong-number debt collection
Auto-dialed collection calls for a debt that was never yours. Illegal twice over, and it pays.
About wrong-number debt collection claims“Stop calling me”
You told them to stop and the calls kept coming. Each one can be a separate violation.
About claims for calls after you said stopSpam text messages
Marketing texts you never agreed to count under the TCPA too. Screenshots are often all the proof you need.
About spam text message lawsuitsDo-Not-Call violations
Registered your number and the calls didn’t stop? Continued telemarketing may entitle you to damages.
About Do Not Call violation claimsPrerecorded cell calls
Robotic or artificial-voice calls to your cell without consent are a clear TCPA violation.
About prerecorded cell call claimsHow it works
Three steps. No cost to find out. No obligation to go further.
Tell us what happened
Answer a few plain-English questions about the calls or texts. It takes about two minutes.
Max reviews it free
Max Morgan’s team looks at your answers and tells you, honestly, whether you have a claim worth pursuing.
If you qualify, he fights for it
You pay nothing up front and nothing unless you recover. Max handles the case.
Real cases Max has helped win
The TCPA is federal, so these results apply to South Dakota residents too.
Wrong-number prerecorded debt-collection calls.
Lucas v. Synchrony Bank (N.D. Ind.)
Telemarketing to Do-Not-Call list & after opt-out.
Campbell v. Everything Breaks (D. Nev.)
385 wrong-number calls at $1,500 each.
Higgs v. Golden Title Loans (W.D. Tenn.)
Prerecorded calls to cell phones without consent.
Key v. Miracle Faith Center (N.D. Fla.)
Prior results do not guarantee a similar outcome. Every case is different.
South Dakota robocall FAQs
Does South Dakota have its own Do Not Call list?
No. South Dakota uses the national Do Not Call Registry as its register. The state’s own do-not-call site directs residents to donotcall.gov or 1-888-382-1222, and SDCL § 49-31-103 allows the Public Utilities Commission to use the national registry. Once you are registered, an unsolicited sales call to your number violates state rules and can support a federal TCPA claim.
Which court would a South Dakota robocall case go to?
TCPA cases are federal, so a South Dakota claim is usually filed in the United States District Court for the District of South Dakota, which sits in Sioux Falls, Rapid City, Pierre and Aberdeen and covers the whole state. We review your call records before deciding where and how to file.
Do I need a South Dakota lawyer for a robocall case?
Not necessarily. The TCPA is a federal law, so the attorney bringing the claim does not have to be based in South Dakota. Cases are handled nationwide under the federal TCPA, and local counsel is associated where South Dakota rules require it. Your review is free and there is no attorney’s fee unless you recover.
Does South Dakota law add anything to the federal TCPA?
It adds state enforcement rather than a state payout. Telephone solicitors must register with the Public Utilities Commission and pay an annual fee before making unsolicited calls, and the Commission can impose civil penalties under § 49-31-108. Those penalties go to the state. The per-call money claim for you comes from the federal TCPA, and a caller that never registered in South Dakota is a useful fact in that claim.
Does South Dakota set telemarketing calling hours?
The telephone solicitor sections in SDCL 49-31 do not set their own hours. Federal telemarketing rules bar sales calls before 8 a.m. or after 9 p.m. local time, and that rule applies in South Dakota. An autodialed or prerecorded call to your cell without consent is a TCPA violation at any hour.
Explore: Wrong-number robocalls · How to sue a telemarketer · The state-by-state robocall law guide · Settlements
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