South Dakota Do Not Call Registry Information for
South Dakota has partnered with the Federal Trade Commission (FTC) to sign up South Dakota residential telephone subscribers on the National Do Not Call registry. When a South Dakota residential telephone subscriber signs up for the National Do Not Call registry, the subscriber will also be signed up for the South Dakota Do Not Call register. Residential telephone subscribers are able to sign up for free -- either online or by calling a toll-free number. Telephone solicitors making calls to South Dakota residential subscribers must also register with the South Dakota Public Utilities Commission (PUC).
Whom does the South Dakota Do Not Call Register cover?
Any telephone solicitation call made to a South Dakota residential consumer by a telephone solicitor, originating from South Dakota or elsewhere, for the purpose of soliciting a sale of any consumer goods or services to the person called, for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services to the person called or an extension of credit for such purposes. A telephone solicitor includes any person or organization who individually, or through salespersons, makes or causes to be made a telephone solicitation call.
The South Dakota Do Not Call laws do not apply to the following types of calls:
1) A call made solely to solicit a charitable donation if the call is made by a not-for-profit or charitable organization that is exempt from federal income taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986;
2) A call in response to an express request of the person called;
3) A call to any person with whom the telephone solicitor, or any business or financial institution on whose behalf the telephone call is being made, has an established business relationship. An established business relationship means a prior or existing relationship:
(1) Formed by the person's purchase or transaction with the telephone solicitor, or any business or financial institution on whose behalf the call is made, within the eighteen months immediately preceding the date of the telephone call; or
(2) Formed on the basis of the person's inquiry or application regarding products or services offered by the telephone solicitor, or any business or financial institution on whose behalf the call is made, within the three months immediately preceding the date of the call. The relationship must not have been previously terminated by either party.
; or
4) A call made primarily in connection with an existing debt or contract, the payment or performance of which has not been completed at the time of such call.
One caveat: if a residential telephone subscriber asks a telephone solicitor not to call, the telephone solicitor may not call, even if there is an exemption that applies. In other words, a telephone solicitor may not call a residential telephone subscriber - regardless of whether the residential telephone subscriber's number is on the registry - if the residential telephone subscriber has asked to be put on the telephone solicitor's Do Not Call list.
How do the South Dakota Do Not Call Laws work?
Any telephone solicitor doing business in South Dakota must register with the Federal Trade Commission. South Dakota does not have a separate registry. The South Dakota PUC has adopted the South Dakota portion of the FTC's National Do Not Call Registry as its registry. Telephone solicitors are required to search the national registry at least every 31 days and drop from their call lists the phone numbers of South Dakota residential telephone subscribers who have registered. Telephone solicitors must access the National Do Not Call registry to "scrub" their call lists. A dedicated, fully automated and secure website provides this information to telephone solicitors.
When a telephone solicitor accesses the system for the first time, the solicitor will have to provide some identifying information, such as company name and address, company contact person, and the contact person's telephone number and email address. If a telephone solicitor is accessing the registry on behalf of a client seller, the telephone solicitor will need to identify the client (or clients).
The only residential telephone subscriber information a telephone solicitor may access from the national registry is a registrant's telephone number. Residential telephone subscribers' phone numbers are sorted and available by area code. Each company accessing the registry data must pay an annual fee based on the number of area codes the company accesses. The first five area codes are free.
On subsequent visits to the website, a telephone solicitor may download either a complete updated list of numbers from the solicitor's selected area codes or a more limited list that shows additions or deletions since the solicitor's last download.
A residential telephone subscriber's number will stay on the registry for five years, until the residential telephone subscriber asks for the number to be removed from the registry, or until the residential telephone subscriber changes phone numbers.
A residential telephone subscriber who receives a telemarketing call despite being on the registry may file a complaint with the FTC, FCC, and/or the PUC, either online or by calling a toll-free number.
How often does a telephone solicitor have to update the list?
Telephone solicitors are required to search the national registry at least every 31 days and drop from their call lists the phone numbers of South Dakota residential telephone subscribers who have registered.
Does a telephone solicitor have to register with the South Dakota Public Utilities Commission?
Yes. Each telephone solicitor who makes unsolicited telephone calls to South Dakota residential telephone subscribers must register with the PUC and pay an annual fee. The annual fee is:
(1) Any company employing 5 or less employees or agents as defined in SDCL 58-30-1: $0.00;
(2) Any company employing 6 to 49 employees or agents as defined in SDCL 58-30-1: $50.00;
(3) Any company employing 50 to 100 employees or agents as defined in SDCL 58-30-1: $100.00;
(4) Any company employing 101 to 249 employees or agents as defined in SDCL 58-30-1: $200.00;
(5) Any company employing 250 to 499 employees or agents as defined in SDCL 58-30-1: $300.00;
(6) Any company employing 500 to 999 employees or agents as defined in SDCL 58-30-1: $400.00;
(7) Any company employing over 1,000 employees or agents as defined in SDCL 58-30-1: $500.00.
The annual fee is valid for one calendar year beginning October 1. The fee must be renewed annually by October 1 of each subsequent year.
The registration form is available at Telephone Solicitor Forms.
What is the amount of the civil fine under South Dakota law?
Any person who violates a South Dakota Do Not Call law or rule is subject to a civil penalty to be imposed by the PUC, after notice and opportunity for hearing. The PUC may impose a civil fine of not more than five thousand dollars ($5000) for each offense. In determining the amount of the penalty upon finding a violation, or the amount of a compromise settlement, the PUC will consider the appropriateness of the penalty to the size of the business of the person charged, prior offenses and compliance history, and the good faith of the person charged in attempting to achieve compliance.
What about other telemarketing laws?
Telephone solicitors must also follow other telemarketing laws that have been put in place by the federal government and the state of South Dakota. Some of these are:
At the beginning of the call, the caller must give his/her true name, the name of the telemarketing firm, the name and address of the business the caller represents, and the purpose of the call.
Within 30 seconds of the call, the telephone solicitor must ask the residential telephone subscriber if the subscriber is interested in hearing the sales presentation, and hang up if the subscriber is not interested.
Immediately hang up the telephone any time during the solicitation if the residential telephone subscriber expresses a disinterest in the goods or services offered.
Upon a residential telephone subscriber's request, a telephone solicitor must place the residential telephone subscriber on its "do not call list" and not call the subscriber again.
If a prize is offered, the residential telephone subscriber has to be told immediately if a purchase or payment is necessary, the odds of winning, and any restrictions or conditions of receiving the prize.
If a residential telephone subscriber decides to make a purchase, the telephone solicitor must provide a written confirmation complete with the full terms of the deal. The residential telephone subscriber must sign the written confirmation prior to the deal becoming valid.
The only way to avoid the written confirmation is if the telephone solicitor provides a no questions asked, full refund policy. The refund policy must be disclosed at the time of the call and the telephone solicitor must provide a written version when the product is delivered.
It is illegal for a telephone solicitor to withdraw money from a consumer's checking account without the consumer's express, verifiable authorization.
A telephone solicitor may not place unsolicited consumer telephone calls to any residence which will be received before 9 a.m. or after 9 p.m. consumer's local time, or place any unsolicited consumer telephone calls on Sunday.
For additional information on these laws, please check the following websites:
Federal Trade Commission www.ftc.gov
Federal Communication Commission www.fcc.gov
South Dakota Attorney General's Office www.state.sd.us/attorney
You may contact the Public Utilities Commission at 605-773-3201.