Law / United States /
Nevada
Nevada Deceptive Trade Practice Rules for Telephone and Text Solicitations
In force.
A telephone contact rule binding public and private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- 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.
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Knowingly and willfully engaging in this deceptive trade practice is a misdemeanor under NRS 598.0999(3)(e), unless the conduct also caused a quantifiable loss of property or services that triggers one of that section's felony tiers.
Penalty structure
A civil penalty of up to $15,000 for each violation the Attorney General or a district attorney may seek under NRS 598.0999(2); this is separate from, and in addition to, a recipient's own private suit under NRS 41.600.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 15,000
Who enforces it
Enforcement body
A recipient may sue directly under NRS 41.600(2)(e); the Attorney General, the Consumer Affairs Unit, or a district attorney may separately pursue civil or criminal enforcement under NRS 598.0903 to 598.0999.
What this law does
During a solicitation by telephone or text message or a sales presentation, Nevada makes it a deceptive trade practice to use threatening, intimidating, profane or obscene language, or to repeatedly or continuously conduct the solicitation or presentation in a manner a reasonable person would consider annoying, abusive or harassing.
It is also a deceptive trade practice to solicit a person by telephone at their residence between 8 p.m. and 9 a.m., to block or otherwise intentionally circumvent a service used to identify the caller when placing an unsolicited call, or to place an unsolicited call that such a service cannot identify by telephone number or business name unless identification is not technically feasible.
Since a 2021 amendment, causing a caller-identification service for a voice or text messaging service to display inaccurate or misleading information, knowingly, to defraud a person, wrongfully obtain something of value or otherwise cause harm, is a deceptive trade practice as well.
A seller or lessor who solicits by telephone engages in a deceptive trade practice, in the course of business, unless it identifies itself, whom it represents and the purpose of the call within 30 seconds after the conversation begins. A victim of any of these practices may sue under NRS 41.600 for damages, equitable relief, costs and attorney's fees, and a knowing and willful violation is also a misdemeanor the Attorney General or a district attorney may prosecute.
When LexLint raises it
When your app profile says your app sends automated outreach.