South Dakota Phone Call Recording Laws

South Dakota is a one-party consent state for phone call recording. Under SDCL 23A-35A-20, any participant in a call may record it without notifying the other parties. No announcement or permission is required as long as the person recording is an active party to the conversation.

South Dakota's one-party consent law makes it legal to record any phone call you participate in. Under SDCL 23A-35A-20, as long as you are a party to the call, you can record it without telling the other person. You do not need to announce "this call is being recorded" or get verbal permission.

This guide covers the rules for recording personal calls, business calls, VoIP calls, and interstate calls. It also explains the penalties for illegal recording and how phone recordings are treated as evidence in South Dakota courts.

South Dakota Phone Call Recording Law

The One-Party Consent Rule

Under SDCL 23A-35A-20, a person who is not a sender or receiver of a communication may not intentionally record it without the consent of either a sender or receiver. The reverse is also true: if you are a sender or receiver (a participant in the call), your own consent satisfies the statute.

This means:

• You can record any call you are on. Your participation is your consent.
• You do not need to tell the other person. No announcement, beep, or notification is required.
• You can use any method to record. Phone apps, external recorders, computer software, and VoIP platform features all work.
• You cannot record calls you are not part of. Tapping someone else's phone line or using software to intercept their calls without any participant's consent is a Class 5 felony.

What Types of Calls Are Covered

South Dakota's recording law applies to all forms of telephone communication:

• Landline calls using traditional copper wire or fiber optic connections
• Cell phone calls on any carrier
• VoIP calls through services like Zoom, Microsoft Teams, Google Meet, Skype, and similar platforms
• Video calls with audio components (FaceTime, WhatsApp video, etc.)
• Calls through messaging apps like Signal, Telegram, and WhatsApp
• Conference calls with multiple participants (your consent as one party is sufficient)

Recording Personal Phone Calls

Your Rights as a Call Participant

As a participant in a phone call in South Dakota, you have the legal right to:

• Record the entire call from start to finish
• Record only portions of the call
• Use the recording for personal reference, legal proceedings, or other lawful purposes
• Share the recording with your attorney, law enforcement, or in court proceedings

You do not need any special equipment. Most smartphones have built-in voice memo apps that can record calls, and many third-party call recording apps are available.

Common Reasons to Record Personal Calls

South Dakota residents commonly record phone calls for:

• Legal disputes. Recording conversations with an ex-spouse, co-parent, landlord, or opposing party in a civil matter.
• Consumer protection. Documenting promises made by service providers, contractors, or businesses.
• Medical information. Recording phone consultations with doctors or insurance companies to review later.
• Financial transactions. Preserving verbal agreements about loans, debts, or payment plans.
• Personal safety. Documenting threatening or harassing phone calls.

Recording Business Phone Calls

Employer and Employee Recording

South Dakota businesses can record calls for quality assurance, training, compliance, dispute resolution, and regulatory purposes. An employee who participates in the call provides the necessary one-party consent.

Common business scenarios include:

• Customer service calls recorded for quality monitoring and training
• Sales calls documented for compliance with verbal agreements
• Collections calls recorded to comply with the Fair Debt Collection Practices Act
• Compliance calls in regulated industries like finance and healthcare

Best Practices for Business Call Recording

While South Dakota law does not require businesses to announce recording, many choose to do so because:

• It protects against disputes when callers are in two-party consent states
• It demonstrates transparency and professionalism
• Some federal regulations require it for certain types of calls
• It can help establish mutual consent if the recording is later challenged

Common announcement methods include:

• A pre-recorded message ("This call may be recorded for quality assurance")
• A verbal statement by the employee at the start of the call
• Written disclosure in contracts, terms of service, or privacy policies

FCC Regulations

The Federal Communications Commission (FCC) provides guidance regarding telephone recording. The former 47 C.F.R. § 64.501 (carrier notification rule) was removed effective November 20, 2017. Current FCC rules under the Telephone Consumer Protection Act still apply to telemarketing and consumer calls, and FCC 24-17 (the FCC's 2024 consent-revocation order) remains in force, with one subsection delayed to April 11, 2026.

Interstate Phone Call Recording

When You Call Someone in Another State

The most important complication in phone call recording arises with interstate calls. When you are in South Dakota and call someone in another state, the recording laws of both states may apply. If the other state requires all-party consent, the stricter rule typically governs.

Two-Party Consent States to Know

If you regularly call people in these states, you should inform them before recording:

South Dakota does not directly border any two-party consent state, but Montana is nearby. If you have business or personal connections in any two-party consent state, the safest approach is to inform all parties before recording.

The "Stricter Law" Principle

Courts have generally held that when a call crosses state lines, the law of the state with the stricter consent requirement applies. This means that even though South Dakota allows one-party consent, recording a call with someone in California without their knowledge could violate California's all-party consent law.

The safest practice for interstate calls: announce the recording. A simple "I'd like to record this call, is that okay?" protects you regardless of which state's law applies.

VoIP and Digital Call Recording

Recording Zoom, Teams, and Google Meet Calls

VoIP platforms used for business and personal calls are covered by South Dakota's recording law. You can record these calls using:

• The platform's built-in recording feature (Zoom, Teams, and Meet all offer this)
• External recording software on your computer
• A separate recording device

When using the platform's built-in recording feature, most platforms notify all participants that recording has started. This effectively provides all-party notification, which satisfies even the strictest state laws.

When using external recording methods, South Dakota's one-party consent rule applies. You can record without notifying others, but interstate consent rules still matter.

Conference Calls

For conference calls with multiple participants across different states, the most conservative approach is to announce the recording at the start of the call. This protects you regardless of which states the other participants are calling from.

Penalties for Illegal Phone Call Recording

Criminal Penalties

SDCL 23A-35A-20 criminalizes only the act of intercepting or recording a call without consent; South Dakota has no statute that separately criminalizes disclosing or using a call recording once it exists. Illegally recording phone calls in South Dakota is a serious criminal offense. A Class 5 felony conviction carries significant collateral consequences, including a permanent criminal record, potential loss of professional licenses, and restrictions on firearm ownership.

Civil Remedies

South Dakota does not provide a specific statutory civil remedy for wiretapping violations. However, victims have options:

• Federal civil claims under 18 U.S.C. 2520 provide statutory damages of at least $10,000 per violation, plus actual damages, attorney fees, and potentially punitive damages.
• Common law claims such as invasion of privacy and intentional infliction of emotional distress may be available in South Dakota courts.

Using Phone Recordings as Evidence

Admissibility in South Dakota Courts

Lawfully recorded phone calls are generally admissible in South Dakota courts. To use a phone recording as evidence:

1. Authenticate the recording. You must be able to demonstrate that the recording is genuine and has not been altered.
2. Establish relevance. The recording must relate to a material issue in the case.
3. Address hearsay concerns. Some recorded statements may be subject to hearsay objections, though several exceptions apply (party admissions, excited utterances, etc.).
4. Preserve the original. Courts prefer original recordings over copies or transcripts.

Tips for Preserving Phone Recordings

• Save the original file without editing
• Record the date, time, and the other party's phone number
• Back up the recording to cloud storage and a separate device
• Do not share the recording publicly before consulting an attorney
• Keep a written log of recorded calls for reference

More South Dakota Recording Laws

Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording

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