Stopping Robocalls in South Dakota
I keep getting robocalls — here's what South Dakota law says and what to do next.
Statute: S.D. Codified Laws § 49-31-29 et seq. (South Dakota Telemarketing Solicitations Act)
Deadline: 1460 days
Penalty: violations may result in actual damages, civil penalties, and attorney fees under South Dakota law
What is stopping robocalls?
The Telephone Consumer Protection Act (TCPA) is the primary federal law protecting you from unwanted robocalls, spam texts, and telemarketing calls. Under the TCPA, companies generally cannot call or text you using an autodialer or prerecorded voice without your prior express consent.
You have the right to put your number on the National Do Not Call Registry, which blocks most telemarketing calls. Violators face penalties of $500 to $1,500 per illegal call or text — and you can sue them directly in federal court.
What to Do If You Keep Getting Robocalls and Spam Calls
Step 1: Register your number on the National Do Not Call Registry at donotcall.gov or call 1-888-382-1222. Registration is free and permanent.
Step 2: When you receive an unwanted call, do not press any buttons or engage with the caller. Hang up. Pressing buttons to "opt out" may confirm your number is active and lead to more calls.
Step 3: Document every unwanted call or text. Note the date, time, phone number displayed, company name (if given), and whether a prerecorded message was used. Screenshot spam texts.
Step 4: File complaints with the FTC at reportfraud.ftc.gov and with the FCC at consumercomplaints.fcc.gov. Complaints help regulators identify and shut down major violators.
Step 5: Consider suing under the TCPA. You can recover $500 per violation ($1,500 for willful violations) in federal court. Many TCPA attorneys work on contingency. For a pattern of calls, damages add up quickly.
How South Dakota differs from federal law
South Dakota relies primarily on federal robocall protections with additional state consumer protection tools:
- Federal TCPA applies: The federal Telephone Consumer Protection Act (47 U.S.C. § 227) governs robocalls and autodialed calls in South Dakota. Violations can result in $500-$1,500 per call in statutory damages.
- South Dakota No-Call provisions: South Dakota does not maintain a separate state no-call list. South Dakota residents are protected by the National Do Not Call Registry maintained by the FTC.
- South Dakota Consumer Protection Law (SDCL Ch. 37-24): South Dakota's consumer protection statutes prohibit deceptive trade practices, which can encompass fraudulent telemarketing and robocall scams. The AG can bring enforcement actions and consumers may have private remedies.
- South Dakota AG enforcement: The South Dakota Attorney General's Consumer Protection Division actively pursues telemarketing fraud and can issue cease-and-desist orders.
- No separate state robocall statute: South Dakota has not enacted a standalone state robocall law with additional penalties beyond the federal TCPA.
Additional steps in South Dakota
Register for the National Do Not Call Registry at donotcall.gov or call 1-888-382-1222. Report unwanted robocalls to the South Dakota Attorney General's Consumer Protection Division at (605) 773-4400 or consumer.sd.gov. File FCC complaints at fcc.gov/consumers/guides/stop-unwanted-robocalls-and-texts.
What you should NOT do
Don't engage with suspicious callers. Don't confirm your name, press buttons, or say "yes" to unknown callers. Scammers may record your voice or use your responses to authorize fraudulent charges.
Don't give out your number unnecessarily. Every online form, loyalty program, and contest entry is a potential source of telemarketing calls. Read the fine print on consent disclosures.
Don't assume "spoofed" numbers mean you can't take action. Even if the caller ID is fake, the TCPA violation still occurred. Regulators and attorneys can trace the actual caller through subpoenas to phone carriers.
Don't pay for robocall blocking services when free options exist. Most major carriers offer free call-blocking tools (T-Mobile Scam Shield, AT&T Call Protect, Verizon Call Filter). Your phone's built-in settings can also silence unknown callers.
You shouldn't have to hire a lawyer to assert your rights.
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Generate your tcpa complaint →This page is general legal information for South Dakota, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in South Dakota.