Law / United States / 
Nevada
Nevada Device for Automatic Dialing and Announcing Statute
NRS 597.812-597.818; NRS 598.0916
In force.
A telephone contact rule binding private bodies.
- Obligation class
- Disclosure, Prohibition
As of .
What it requires
- 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.
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
A first offense is a misdemeanor, a second a gross misdemeanor, and a third or later offense a category E felony punished under NRS 193.130; the violator's telephone service must also be suspended for a period the court sets.
Penalty structure
A civil penalty of not more than $10,000 for each violation the Attorney General or a district attorney may seek under NRS 597.818(3), in addition to the criminal penalty; this is not a sum a private plaintiff collects.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 10,000
Who enforces it
Enforcement body
The Attorney General or a district attorney may prosecute under NRS 597.818 and seek its civil penalty; a recipient may sue under NRS 41.600(2)(e) over the deceptive trade practice in NRS 598.0916.
What this law does
Nevada bars using a device for automatic dialing and announcing, equipment that stores numbers, generates them randomly or sequentially and is used exclusively to disseminate a prerecorded message soliciting a purchase of goods or services, to play its message unless a recorded or unrecorded natural voice first tells 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 gives the name, address and telephone number of the business or organization the caller represents.
Such a device may not 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.
These rules do not reach a call to a person with whom the caller or an affiliated person has a preexisting business relationship, or 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.
Separately, a person who in the course of business disseminates an unsolicited prerecorded message soliciting a purchase by telephone, to someone with whom there is no preexisting business relationship, engages in a deceptive trade practice unless a natural voice first gives the nature of the call and the name, address and telephone number of the business, and a recipient may sue over that practice for damages, equitable relief, costs and attorney's fees.
A violation of the device rules is a misdemeanor for a first offense, a gross misdemeanor for a second, and a category E felony for a third or later offense, and carries a civil penalty of up to $10,000 for each violation.
When LexLint raises it
When your app profile says your app sends automated outreach.