Law / United States / 
Nevada
Nevada Solicitation by Telephone Act
In force.
A telephone contact rule binding private bodies.
- Obligation class
- Licensing, Prohibition
As of .
What it requires
- 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.
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Doing business as an unregistered seller or salesperson is a category D felony under NRS 599B.255(3); any other willful violation of this chapter is a misdemeanor for a first offense, a gross misdemeanor for a second, and a category D felony for a third or later offense within 10 years.
Penalty structure
A civil penalty of up to $50,000 for each violation of a court order or injunction the Attorney General obtains under NRS 599B.245(2); a separate civil penalty of up to $10,000 for each violation the court may add under NRS 599B.280 where the victim is elderly or has a disability. Neither is a sum a private plaintiff collects directly.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 50,000
Who enforces it
Enforcement body
The Attorney General or a district attorney may prosecute and seek civil penalties under NRS 599B.245 and 599B.255; an elderly person or person with a disability injured by an unlawful telephone solicitation may sue directly under NRS 599B.300, but the chapter names no general private right of action for another consumer.
What this law does
Nevada requires a seller, defined narrowly to reach a person who causes a solicitation by telephone or a device for automatic dialing and announcing involving a free-premium or prize promotion, precious metals, gems or an oil, gas, mineral or other investment opportunity, sporting-event information, a recovery service, or a follow-up call generated by a specially-selected notification, and any salesperson acting for such a seller, to register with the Consumer Affairs Unit, post a bond, letter of credit or certificate of deposit, and pay a fee before doing business.
That registration duty reaches a seller whether calling from a location in Nevada or into Nevada from elsewhere. The registration duty excludes 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, a licensed broadcaster, and several other narrowly defined categories the statute lists.
Doing business as an unregistered seller or salesperson is a category D felony, and any other willful violation of the chapter escalates from a misdemeanor to a gross misdemeanor to a category D felony over a third offense within 10 years.
Only an elderly person, one 60 or older, or a person with a disability who is damaged or injured by an unlawful solicitation by telephone may sue directly, for actual damages, punitive damages and attorney's fees; the Attorney General or a district attorney may separately seek civil penalties and criminal prosecution on behalf of any consumer.
When LexLint raises it
When your app profile says your app sends automated outreach.