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
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.no control in the NIST Privacy Framework
- Do not solicit a person by telephone at their residence between 8 p.m. and 9 a.m.NIST Privacy FrameworkCT.PO-P1
- 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.NIST Privacy FrameworkCM.AW-P1
- 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.no control in the NIST Privacy Framework
- 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.NIST Privacy FrameworkCM.AW-P1
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
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
The highest tier is a civil penalty of not more than $25,000 for each violation directed toward an elderly person (NRS 598.0973(1)(b)); the tier for a violation directed toward a person with a disability is $15,000. The ceiling for a willful violation otherwise is $15,000 for each violation that the Attorney General or a district attorney may recover (NRS 598.0999(2)), and the Director's administrative fine is not more than $15,000 for each violation or treble the restitution ordered (NRS 598.0971(3)(d)). These are public penalties, separate from a recipient's own suit under NRS 41.600.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 25,000
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, and the Director of the Department of Business and Industry may, after a hearing, impose an administrative fine of not more than $15,000 for each violation or treble the amount of restitution ordered, whichever is greater.
Settledness
- As of
- Open questions
- Do the caller-identification limbs of NRS 598.0918(4) and (5), which speak of an 'unsolicited telephone call', reach an unsolicited text message, although the section's opening words cover a 'solicitation by telephone or text message'?
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. The sections this entry groups came into force on different days.
When LexLint raises it
When your app profile says your app places automated calls or sends automated texts.
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