Texting laws · South Dakota
South Dakota texting laws for businesses
What S.D. Codified Laws ch. 37-30A says about a business texting customers in South Dakota, read from the statute.
Texting laws by stateStatute read October 29, 2026
The law
| Law | South Dakota telemarketing law |
| Citation | S.D. Codified Laws ch. 37-30A |
| In force | Text messages added by S.L. 2020, ch. 171 |
| Covers texts? | Yes, by name. § 37-30A-1(5) defines an 'unsolicited consumer telephone communication' as 'a consumer telephone call or text' other than the listed exceptions, and a telemarketer includes one who sells 'by text, telephonic means, or by postcard'. |
| Allowed hours | 9 a.m. to 9 p.m., and never on a Sunday (the rule says 'to any residence'). |
| Applies to | Communications soliciting the sale or lease of consumer goods or services, or credit for them, to consumers buying primarily for personal, family or household use. |
The rules
| Rule | What the statute says | Section |
|---|---|---|
| Hours and Sundays | No unsolicited consumer telephone communications to a residence 'before 9 a.m. or after 9 p.m. at the consumer's local time', and none on Sunday. | § 37-30A-3(2) |
| Identify yourself | Display the telemarketer's authentic name and number on caller ID, and immediately give true names, the business and the purpose of the communication. | § 37-30A-2 |
| No harassment or caller ID tricks | No unfair or deceptive solicitation, no harassing conduct, and no misleading or blocked caller ID. | § 37-30A-3(1), (3), (4) |
Texting a customer who contacted you first
- An unsolicited consumer telephone communication excludes one made 'in response to an express request of the person called or texted', one 'primarily in connection with an existing debt or contract' not yet completed, and one 'to any person with whom the telemarketer has an existing business relationship' (§ 37-30A-1(5)).
- The statute does not separately address non-sales or job-status texts.
This matters for missed-call text-back, which replies to someone who just called the business. Federal rules and the reply-versus-marketing line are covered in is missed-call text-back legal?
Penalties
A consumer adversely affected may sue 'for the recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of a willful act or practice', plus court costs and attorney fees (§ 37-30A-14). Knowingly violating the chapter with intent to defraud is a Class 1 misdemeanor (§ 37-30A-16).
What the statute does not settle
- The hours rule applies to communications 'to any residence'; the statute does not say how that applies to a mobile number.
Questions
Does South Dakota law cover text messages from businesses?
Yes, by name. § 37-30A-1(5) defines an 'unsolicited consumer telephone communication' as 'a consumer telephone call or text' other than the listed exceptions, and a telemarketer includes one who sells 'by text, telephonic means, or by postcard'.
What happens if a business breaks South Dakota's texting law?
A consumer adversely affected may sue 'for the recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of a willful act or practice', plus court costs and attorney fees (§ 37-30A-14). Knowingly violating the chapter with intent to defraud is a Class 1 misdemeanor (§ 37-30A-16).
Can a business text a customer who contacted it first in South Dakota?
An unsolicited consumer telephone communication excludes one made 'in response to an express request of the person called or texted', one 'primarily in connection with an existing debt or contract' not yet completed, and one 'to any person with whom the telemarketer has an existing business relationship' (§ 37-30A-1(5)). The statute does not separately address non-sales or job-status texts.
Is missed-call text-back legal in South Dakota?
Missed-call text-back sends an automatic text to someone who just called the business. On replying to a person who contacted the business first, South Dakota's law says this: An unsolicited consumer telephone communication excludes one made 'in response to an express request of the person called or texted', one 'primarily in connection with an existing debt or contract' not yet completed, and one 'to any person with whom the telemarketer has an existing business relationship' (§ 37-30A-1(5)). Federal rules apply as well, and what the text says matters: a plain reply to the call is treated differently from a marketing message. This is general information, not legal advice.
Sources
Read October 29, 2026. Federal law (the TCPA and FCC rules) applies on top of state law everywhere. This page describes what the statute says. It is general information, not legal advice, and it does not cover your message content or your industry. Talk to a lawyer before relying on it.