South Dakota recording consent laws
Last reviewed: . Checked against the official statute text.
General information, not legal advice. Laws change; consult an attorney about your situation.
Quick Answer
South Dakota law uses the same rule for recording in-person conversations and phone calls.
- In person: One-party consent.
- Phone calls: One-party consent.
In-person conversations: One-party consent
Except as provided in § 23A-35A-21, a person who is not present during a conversation or discussion commits a Class 5 felony by intentionally overhearing or recording the conversation or discussion by means of an eavesdropping device, or by aiding, authorizing, employing, procuring, or permitting another to do so, without the consent of a party to the conversation or discussion.
(2) A person present during a conversation or discussion who intentionally and by means of an eavesdropping device overhears or records the conversation or discussion, or aids, authorizes, employs, procures, or permits another to overhear or record, without the consent of a party to the conversation or discussion;
Phone calls: One-party consent
Under South Dakota law, except as otherwise provided, a person who is not a sender or receiver commits a Class 5 felony by intentionally overhearing or recording a communication using an eavesdropping device, or by causing another to do so, without the consent of either a sender or receiver of the communication.
Except as provided in § 23A-35A-21, a person is guilty of a Class 5 felony who is not:
(1) A sender or receiver of a communication who intentionally and by means of an eavesdropping device overhears or records a communication, or aids, authorizes, employs, procures, or permits another to overhear or record, without the consent of either a sender or receiver of the communication;
What this means in common sales settings
- In-home sales visits
- A sales conversation in a customer's home is an in-person conversation, which the in-person rule describes: One-party consent.
- Dealership and retail floors
- A conversation on a showroom, dealership or store floor is also an in-person conversation: One-party consent.
- Field sales
- A field rep's face-to-face meetings follow the in-person rule above. Calls follow the phone rule: One-party consent.
- Calls across state lines
- When a call connects people in different states, more than one state's law can be relevant. This page describes South Dakota law only; the guide's index lists the other jurisdictions it covers.
How the Itero app handles consent
The Itero mobile app for iPhone and Android asks the rep to confirm that everyone present agreed before every in-person recording, and Itero keeps a timestamped record of that consent. The app is in English. Virtual ride-alongs in the Itero app