CHAPTER 20:10:35
TELECOMMUNICATIONS SERVICES
Section
20:10:35:01 Definitions.
20:10:35:02 Establishment of the register.
20:10:35:03 Procedure for enrollment on the register.
20:10:35:04 Procedure for changing telephone numbers.
20:10:35:05 Fees for registration.
20:10:35:06 Telephone solicitors shall obtain a copy of the register.
20:10:35:07 Telephone solicitors limited in use of register.
20:10:35:08 Telephone solicitors shall pay an annual fee.
20:10:35:09 Annual fee due prior to making telephone solicitation calls.
20:10:35:10 Information required of telephone solicitors.
20:10:35:11 Telephone solicitors are required to make updates from register.
20:10:35:12 Reporting of violations.
20:10:35:13 Information provided for complaints.
20:10:35:14 Investigation of complaints.
20:10:35:01. Definitions. Words and phrases defined in SDCL chapter 49-31 have the same meaning when used in this chapter.
Source: 30 SDR 25, effective August 28, 2003.
General Authority: 49-31-99.
Law Implemented: 49-31-1.
20:10:35:02. Establishment of the register. The commission shall use the South Dakota residential telephone subscribers listed in the national "do-not-call" registry that is established and maintained by the Federal Trade Commission as the register for South Dakota.
Source: 30 SDR 25, effective August 28, 2003.
General Authority: 49-31-99.
Law Implemented: 49-31-99, 49-31-103.
20:10:35:03. Procedure for enrollment on the register. A residential telephone subscriber may register by:
(1) Calling a toll-free number established by the Federal Trade Commission for the purpose of recording a residential telephone number on the national "do-not-call" registry; or
(2) Accessing the appropriate Internet site established by the Federal Trade Commission for the purpose of recording a residential telephone number on the national "do-not-call" registry.
Source: 30 SDR 25, effective August 28, 2003.
General Authority: 49-31-99.
Law Implemented: 49-31-99, 49-31-103.
Reference: The National Do-Not-Call Registry telephone number is 1-888-382-1222 to register residential and personal telephone numbers. Numbers may also be registered online at www.donotcall.gov.
20:10:35:04. Procedure for changing telephone numbers. If a residential telephone subscriber whose telephone number is part of the register changes telephone numbers, the subscriber must register the subscriber's new telephone number on the national "do-not-call" registry.
Source: 30 SDR 25, effective August 28, 2003.
General Authority: 49-31-99.
Law Implemented: 49-31-99, 49-31-103.
20:10:35:05. Fees for registration. A residential telephone subscriber is not charged a fee to be included in the register.
Source: 30 SDR 25, effective August 28, 2003.
General Authority: 49-31-99.
Law Implemented: 49-31-99, 49-31-100.
20:10:35:06. Telephone solicitors shall obtain a copy of the register. A telephone solicitor who intends to make unsolicited telephone calls to residential telephone subscribers in South Dakota shall obtain from the Federal Trade Commission a "do-not-call" registry of residential telephone subscribers with area codes used in South Dakota.
Source: 30 SDR 25, effective August 28, 2003.
General Authority: 49-31-99.
Law Implemented: 49-31-99, 49-31-102, 49-31-103.
20:10:35:07. Telephone solicitors limited in use of register. Any telephone solicitor who obtains the register of South Dakota residential telephone subscribers may only use the information for the purposes expressly provided in SDCL chapter 49-31.
Source: 30 SDR 25, effective August 28, 2003.
General Authority: 49-31-99.
Law Implemented: 49-31-99, 49-31-100, 49-31-101, 49-31-102, 49-31-103.
20:10:35:08. Telephone solicitors shall pay an annual fee. Each telephone solicitor who makes unsolicited telephone calls to South Dakota residential telephone subscribers shall pay an annual fee to the commission and provide all necessary documentation as required by the commission pursuant to § 20:10:35:10. The annual fee is:
(1) Any company employing 5 or less employees or agents: $0.00;
(2) Any company employing 6 to 49 employees or agents: $50.00;
(3) Any company employing 50 to 100 employees or agents: $100.00;
(4) Any company employing 101 to 249 employees or agents: $200.00;
(5) Any company employing 250 to 499 employees or agents: $300.00;
(6) Any company employing 500 to 999 employees or agents: $400.00;
(7) Any company employing over 1,000 employees or agents: $500.00.
The annual fee is valid for one calendar year beginning October 1. The fee shall be renewed annually by October 1 of each subsequent year.
Source: 30 SDR 25, effective August 28, 2003; 47 SDR 125, effective May 30, 2021.
General Authority: 49-31-99.
Law Implemented: 49-31-99, 49-31-105.
20:10:35:09. Annual fee due prior to making telephone solicitation calls. The annual fee is due before any telephone solicitor may place an unsolicited telephone call to any South Dakota residential telephone subscriber.
Source: 30 SDR 25, effective August 28, 2003.
General Authority: 49-31-99.
Law Implemented: 49-31-99, 49-31-105, 49-31-108.
20:10:35:10. Information required of telephone solicitors. Each telephone solicitor shall provide the solicitor's name, address, telephone number, fax number, federal tax identification number (FEIN), the number of employees as listed in § 20:10:35:08, the electronic mail address of a contact person for the company, partnership or individual planning to place unsolicited telephone calls in this state, and the name and address of the telephone solicitor's registered agent for service of process located in this state.
Source: 30 SDR 25, effective August 28, 2003.
General Authority: 49-31-99.
Law Implemented: 49-31-99, 49-31-105.
20:10:35:11. Telephone solicitors are required to make updates from register. Any telephone solicitor who makes unsolicited telephone calls to South Dakota residential telephone subscribers is required to make updates from the South Dakota register every thirty-one days.
Source: 30 SDR 25, effective August 28, 2003; 31 SDR 63, adopted November 9, 2004, effective January 1, 2005.
General Authority: 49-31-99.
Law Implemented: 49-31-99, 49-31-100, 49-31-101, 49-31-102.
20:10:35:12. Reporting of violations. A residential telephone subscriber may report a violation by submitting a complaint form to the commission. A complaint may be submitted online or in writing on a form prepared by the commission.
Source: 30 SDR 25, effective August 28, 2003.
General Authority: 49-31-99.
Law Implemented: 49-31-99, 49-31-108.
20:10:35:13. Information provided for complaints. A residential telephone subscriber may be asked for the following information on the complaint form:
(1) Full name of residential telephone subscriber;
(2) Address of residential telephone subscriber;
(3) Residential telephone subscriber number called by the telephone solicitor;
(4) Name and, if available, telephone number of the telephone solicitor;
(5) Any information gathered by the residential telephone subscriber during the call concerning the telephone solicitation call or the telephone solicitor's commercial purpose;
(6) A statement giving consent to the residential telephone subscriber's local exchange carrier to provide all records relating to the call to the commission;
(7) Approximate date when the residential telephone subscriber registered on the register; and
(8) Any other information the commission considers necessary to fully investigate the complaint.
Source: 30 SDR 25, effective August 28, 2003.
General Authority: 49-31-99.
Law Implemented: 49-31-99, 49-31-100, 49-31-101, 49-31-102, 49-31-103, 49-31-108.
20:10:35:14. Investigation of complaints. Upon receipt of a fully completed and submitted complaint, the commission shall conduct an appropriate inquiry to determine if a violation has occurred. If a violation has occurred, the commission may assess a penalty pursuant to SDCL 49-31-108 or the complaint may be entered on the Federal Trade Commission's Consumer Sentinel consumer complaint database or both.
Source: 30 SDR 25, effective August 28, 2003.
General Authority: 49-31-99.
Law Implemented: 49-31-99, 49-31-100, 49-31-101, 49-31-102, 49-31-103, 49-31-108.
