Duty LXD-4681
Places automated calls, in Nevada
Nevada Telephone Solicitation Registry (Do Not Call List)since 2 lines
NRS 228.500-228.640 · Read the law's page
- Do not make an unsolicited call for the sale of goods or services to a number on the currently effective registry list, unless you have a preexisting business relationship with that person (a purchase or other financial transaction directly with you within the preceding 18 months), keep an internal do-not-call registry of people who asked you not to call, and send each such customer an annual written notice explaining how to join it.
- The duty does not reach a call on behalf of a charitable, religious or political organization.
Security measures for a data collector accepting payment cards, encryption duty, and conditioned liability shieldsince 4 lines
NRS 603A.215 · Read the law's page
- If you accept a payment card in connection with a sale of goods or services to a Nevada resident, comply with the current version of the Payment Card Industry (PCI) Data Security Standard adopted by the PCI Security Standards Council, with respect to those transactions, by the compliance date the standard itself sets.
- If you do not accept payment cards, do not transfer a Nevada resident's personal information through an electronic, nonvoice transmission other than a facsimile outside your secure system, and do not move a data storage device containing that personal information beyond your logical or physical controls, unless the data is encrypted using an encryption technology adopted by an established standards-setting body, with appropriate management and safeguards of the cryptographic keys.
- Compliance with this section, combined with a breach not caused by your own gross negligence or intentional misconduct, is a defense to damages for a breach of the security of the system data; a telecommunication provider acting solely to convey the communications of other persons is outside this section entirely.
- Expect an elderly or disabled Nevada resident harmed by a violation of this section to have an indirect civil action for damages through NRS 603A.260's deceptive-trade-practice deeming and NRS 598.0977, even though a general Nevada resident does not.
Nevada Device for Automatic Dialing and Announcing Statutein force4 lines
NRS 597.812-597.818; NRS 598.0916 · Read the law's page
- Before a device for automatic dialing and announcing plays a prerecorded sales message, have a recorded or unrecorded natural voice tell the person who answers the nature of the call, including that such a device will deliver the message if they stay on the line, and give the name, address and telephone number of the business or organization you represent.
- Do not use such a device to place a call received in Nevada between 8 p.m. and 9 a.m., or a call-back or second call to a number whose occupant ended the original call.
- Whatever equipment you use, do not disseminate an unsolicited prerecorded sales message by telephone in the course of your business to a person with whom you have no preexisting business relationship unless a natural voice first gives the nature of the call and your business's name, address and telephone number.
- The device rules do not apply to a call to a person with whom you or an affiliated person has a preexisting business relationship, or to a call made exclusively on behalf of a school, a nonprofit organization, a video or public utility service provider about a previously arranged installation, specified emergency warnings, or a political candidate, party or committee.
Nevada Deceptive Trade Practice Rules for Telephone and Text Solicitationsin force5 lines
NRS 598.0918, 598.092(2) · Read the law's page
- During a telephone or text-message solicitation or a sales presentation, do not use threatening, intimidating, profane or obscene language, and do not repeatedly or continuously conduct it in a manner a reasonable person would consider annoying, abusive or harassing.
- Do not solicit a person by telephone at their residence between 8 p.m. and 9 a.m.
- Do not block or otherwise intentionally circumvent a service used to identify you as the caller, and do not place an unsolicited call that such a service cannot identify by your telephone number or business name, unless identification is not technically feasible.
- Do not knowingly cause a caller-identification service for voice or text messages to display inaccurate or misleading information in order to defraud, wrongfully obtain something of value from, or otherwise harm a person.
- When soliciting a sale or lease by telephone, identify yourself, whom you represent and the purpose of the call within 30 seconds after the conversation begins.
Nevada Solicitation by Telephone Actin force2 lines
NRS 599B.005-599B.300 · Read the law's page
- If you solicit or cause to be solicited, by telephone or by a device for automatic dialing and announcing, a sale of goods or services or a donation that promises a free premium or prize, offers precious metals, gems, or an oil, gas, mineral or other investment opportunity, sells sporting-event information, offers a recovery service, or responds to inquiries you generated by telling the recipient they were specially selected, register as a seller, and as a salesperson if you communicate with consumers on the seller's behalf, with the Consumer Affairs Unit, post the required bond, letter of credit or certificate of deposit, and pay the registration fee, before doing business, whether you call from a location in Nevada or call into Nevada from elsewhere.
- This registration duty does not reach a person acting within the scope of a securities, real estate, timeshare, cemetery, travel-club or insurance license, a newspaper or magazine publisher or its agent, or a licensed broadcaster, among the other categories the statute excludes.
Security measures for data collectors maintaining personal informationin force6 lines
NRS 603A.210 · Read the law's page
- This binds any data collector, a term defined to include a governmental agency, institution of higher education, corporation, financial institution, retail operator, or other business entity or association, that maintains records containing the personal information of a Nevada resident.
- Implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification, or disclosure.
- If you are a governmental agency, additionally comply, to the extent practicable, with the current version of the CIS Controls published by the Center for Internet Security or the corresponding National Institute of Standards and Technology standards, with respect to the collection, dissemination, and maintenance of those records.
- Require, by contract, any person to whom you disclose a Nevada resident's personal information to implement and maintain the same reasonable security measures.
- Compliance with a state or federal law that requires greater protection for the same records is deemed compliance with this section.
- Expect an elderly or disabled Nevada resident harmed by a violation of this section to have an indirect civil action for damages through NRS 603A.260's deceptive-trade-practice deeming and NRS 598.0977, even though a general Nevada resident does not.