South Dakota Phone Recording Laws: One-Party Consent

Is South Dakota a one-party or two-party consent state?

One oddly worded statute makes South Dakota one-party, not two-party.

SDCL § 23A-35A-20 makes it a felony to use an eavesdropping device, then lists who's outside the crime.

• Phone calls. The first group is "A sender or receiver of a communication" who records it "without the consent of either a sender or receiver of the communication".
• In-person talks. The second group is "A person present during a conversation or discussion" who records it "without the consent of a party to the conversation or discussion". A party is a person in the talk.

In plain terms, a sender, a receiver or a person present can record. So can someone who has the okay of one of those people. The Reporters Committee for Freedom of the Press reads the statute as one-party too.

Federal law agrees. Under 18 U.S.C. § 2511(2)(d), a person on the call can record, or someone with that person's prior consent. That protection ends if the recording is made to commit a crime or to wrong someone in a way they could sue over.

So in Sioux Falls, you can record your own call with a car dealer to check the price you were quoted. You can't put a device on a coworker's line to hear calls you aren't on, when neither person on those calls agreed.

Penalties for illegal recording in South Dakota

	What the law says
The crime	A felony under § 23A-35A-20
Prison	Up to 5 years under § 22-6-1
Fine	A fine of $10,000 "may be imposed"
State civil suit	We didn't find one in the eavesdropping chapter

The Reporters Committee also says the law doesn't authorize civil suits against violators. So don't count on South Dakota's eavesdropping law for money. We didn't check other South Dakota laws.

The federal law does give a right to sue. Under 18 U.S.C. § 2520, someone whose call was illegally recorded can go to court. A judge may award at least $10,000.

It's more if $100 a day, or actual losses plus the violator's profits, comes to more. "May" means the award isn't guaranteed. Punitive damages and attorney's fees are also possible. You have two years from your first reasonable chance to discover the violation.

Can a business record your call in South Dakota?

Yes. A company on the call is a sender or receiver, the same as you are, so South Dakota's one-party rule covers it.

If you run a business: Announce the recording at the start of the call. South Dakota doesn't require it, but the law where the other person is may require consent. Don't rely on "this call may be recorded". Say "we record" instead, because it's a clearer warning.

If you're the customer: South Dakota's statute doesn't say what it means if you hear that notice and keep talking. Under federal law, staying on can be consent, but only real consent. A federal appeals court says it must show the person "knowingly agreed" (Griggs-Ryan v. Smith).

Another adds that consent "is not to be cavalierly implied", which means a court shouldn't assume it lightly (Watkins v. L.M. Berry). Neither case involved a customer hearing those words, so neither settles what staying on a customer call means.

You can always end the call. You can also ask for another way to handle it, but don't count on the company agreeing.

What if the other person is in another state?

Calls out of South Dakota can bring in a second state's law. California is the usual example. Its Penal Code § 632 needs everyone's consent. In Kearney v. Salomon Smith Barney, the state's top court applied that law to brokers in Georgia who recorded California clients.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule. Kearney itself names the fix for a business: say at the start of the call that it's being recorded.

Running a call center or sales team in South Dakota?

Our advice: announce the recording at the very start of every call, inbound and outbound. South Dakota's own rule may not require it, but the law where the other person is may require consent, and this covers them without working out where each one is.

1. Ask first. "We record our calls for quality and coaching. Is that okay with you?"
2. Using AI or other software? Say that too. "We record our calls and use software to review them. Is that okay with you?"
3. Start recording after they say yes. Then say "This call is being recorded, and you said that's okay" so it's on the recording. Some states want consent first, and others look for the notice on the recording, so this is a sensible default for both.
4. If someone says no, don't record. Deleting the recording when someone says no limits the harm, but it may not undo the problem.
5. Check your phone system. If it records from the moment a call connects, change that setting first.

Using a vendor or AI coaching tool? Whether a separate company counts as someone on the call isn't settled, so mention the software in the script. Our checklist for phone teams has the details.

How to protect yourself from phone fraud in South Dakota

People in South Dakota filed 3,880 fraud reports with the FTC in 2024 and reported about $20.4 million lost, with a median loss of $400. These are reports people filed, and the FTC doesn't verify them. They cover all fraud, not only phone calls.

Can I record a scammer in South Dakota?

A person on the call can generally record it in South Dakota, unless the recording is meant to commit a crime or wrong someone. If the caller is in a stricter state, that state's rule may apply too.

What can a crook do with a recording of my voice?

The FCC warned in 2017 about callers who record your "yes" as a "voice signature", so hang up if someone asks "Can you hear me?" If you already answered, check your statements for unauthorized charges.

The FTC warned in 2023 that scammers can clone a relative's voice to ask for money, so call that person back on a number you know.

A voice alone doesn't tell a scammer your account details, so don't give those out on a call you didn't start.

Where to report it

Report fraud at ReportFraud.ftc.gov and to the South Dakota Consumer Protection. Our phone safety guide covers how to spot a scam and what to do if you paid.

If you think someone recorded you illegally, talk to a lawyer in your state. The federal deadline to sue is two years after you first had a reasonable chance to discover it.

Your credit card number on a recorded call in South Dakota

CallTutor's analysis of 320 calls from South Dakota area codes, August through October 2026, found a credit card number read out loud on 16.2% of them, a small sample, compared with 21.1% across all states in our data.

These are calls to companies that take payments by phone, so that isn't every call in South Dakota. Here's how we counted.

Before you read your credit card number out loud, ask if the call is recorded and if the number stays in the recording. If the agent doesn't know, ask to pay another way, like a secure link or a website.

If you think your number got out, check your statements and call your bank. For unauthorized charges, federal law caps what you owe at $50.

If your team takes payments by phone, CallTutor takes credit card numbers out of Zendesk Talk and Aircall recordings and transcripts minutes after hangup. See it on a real call.

South Dakota recording law FAQ

Is South Dakota a one-party consent state?

Yes. In South Dakota, a person on the call or in the conversation can record it. Anyone else needs one of those people to agree.

Is South Dakota a two-party consent state?

No. South Dakota needs one person's consent for phone calls and for in-person conversations, not everyone's.

In South Dakota, can someone record me without telling me?

Yes, if they're on the call or in the conversation, or one person in it agreed. Otherwise it's a felony.

Can I sue someone in South Dakota for recording me?

We didn't find a damages section in South Dakota's eavesdropping chapter. The federal wiretap law does allow a suit over an illegal recording.

Recording laws in nearby states

• Iowa phone recording laws (one-party)
• Minnesota phone recording laws (one-party)
• Montana phone recording laws (two-party)
• Nebraska phone recording laws (one-party)

See all one-party consent states, or every state in our call recording laws by state guide.

This is general information, not legal advice. Laws change. We last checked these sources on November 2, 2026. If you have a legal question about a recording, talk to a lawyer in your state.