Nevada Unsolicited Commercial Electronic Mail Liability Act

A person who transmits or causes to be transmitted to a recipient an item of electronic mail that includes an advertisement is liable to the recipient for civil damages unless the person has a preexisting business or personal relationship with the recipient, the recipient expressly consented to receive it, or the advertisement is readily identifiable as promotional or says it is an advertisement and clearly gives the sender's legal name, street address and email address, a notice of how to decline further advertising mail, and the word advertisement or ADV as the first word of the subject line.

A recipient may recover actual damages or $50 per message, whichever is greater, plus attorney's fees and costs, and may separately seek an injunction. The recovery rises to actual damages or $500 per message, whichever is greater, where the sender disguised the source, used false or misleading subject-line information, gave a false return address or a false address for declining mail, ignored a request to stop, or obtained the recipient's address by a method the recipient did not authorize.

The bars on a disguised source, false or misleading subject-line information and a false return or opt-out address are framed as rules against falsity or deception, the kind of state email rule the CAN-SPAM Act's preemption clause leaves in force; the labeling and opt-out conditions are not framed that way.

A provider of network access that only transmits its users' mail is immune unless it prepared the advertisement itself, and the statute does not apply to an item of mail a recipient obtains voluntarily, such as from an electronic bulletin board.