Nevada Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

Overview

Nevada regulates telephone solicitation through four sets of provisions in the Nevada Revised Statutes (NRS). The Telecommunication Solicitation Act, NRS 228.500 to 228.640, is Nevada's do-not-call law; the Attorney General has adopted the Nevada portion of the National Do Not Call Registry as the state registry and enforces it as a deceptive trade practice. NRS 597.812 to 597.818 restrict devices for automatic dialing and announcing, requiring a live or recorded natural-voice introduction before any prerecorded sales message and prohibiting such calls between 8 p.m. and 9 a.m. The Deceptive Trade Practices Act, NRS 598.0903 to 598.0999, defines abusive telephone and text solicitation conduct, including residential calls between 8 p.m. and 9 a.m., caller ID blocking and caller ID spoofing (NRS 598.0918). Chapter 599B of NRS, as printed in the current official NRS, requires certain sellers and salespersons engaged in high-risk telephone solicitation (premium offers, precious metals and other investments, sports information and recovery services) to register with the Consumer Affairs Unit of the Department of Business and Industry and post security.

The Attorney General's Bureau of Consumer Protection enforces the do-not-call and deceptive trade practice provisions; the Consumer Affairs Unit administers registration under chapter 599B. Consumers who are victims of "consumer fraud," including deceptive trade practices defined in NRS 598.0915 to 598.0925, may sue under NRS 41.600 for damages and mandatory attorney fees.

The headline difference from federal law: Nevada's calling window is 9 a.m. to 8 p.m., one hour shorter at each end than the federal 8 a.m. to 9 p.m. window; prerecorded sales messages require a natural-voice introduction disclosing the nature of the call; and repeat robocall violations are crimes up to a category E felony with civil penalties of up to $10,000 per violation.

Key statutes and regulations

Detailed provisions

The Telecommunication Solicitation Act (do-not-call)

Definitions. NRS 228.520(1):

"Telephone solicitor" means a person who makes or causes another person or a machine to make an unsolicited telephone call for the sale of goods or services.

"Machine" includes a device for automatic dialing and announcing (NRS 228.520(2)(b)). NRS 228.530(1) defines an "unsolicited telephone call for the sale of goods or services" as an unsolicited call, "other than a telephone call on behalf of a charitable organization, religious organization or political organization," to "(a) Rent, lease, sell, exchange, promote or gift any good or service; (b) Solicit any act described in paragraph (a); (c) Seek or obtain a donation or contribution of money or anything else of value; or (d) Seek or obtain information, including, without limitation, any document, intended to be used to facilitate any act described in paragraph (a), (b) or (c)." The charitable, religious and political exclusion applies only if the call is made by "(1) An employee of the organization who is paid directly by the organization; or (2) A volunteer" (NRS 228.530(2)(f)), so paid third-party callers for those organizations are covered. "Good or service" is broad, including loans, insurance, investment opportunities and "Anything of value" (NRS 228.530(2)(c)).

Under NRS 228.530(3), a call is deemed solicited if made to a person who:

(a) Expressly requested or expressly gave permission for the telephone call to be made; (b) Had an established business relationship with the caller, if the telephone call is made solely to verify the termination of the business relationship; or (c) Has a delinquent obligation for which payment or performance is due but has not been made

The registry. The statute directs the Attorney General to maintain a state registry unless the Attorney General finds that the Nevada portion of the national database is adequate (NRS 228.540(1)). If that finding is made, "The part of the single national database that relates to this State shall be deemed to be the registry" (NRS 228.540(2)(a)). The Attorney General first made the finding in 2004 and reaffirmed it in findings on the 2021 national registry, which state that "the Attorney General finds that the part of the National Do Not Call Registry that relates to Nevada shall continue to be used as the registry for Nevada's Telecommunication Solicitation Act." As a result, there is no separate Nevada list to buy and no state list fee; the provisions of NRS 228.550 and 228.580 on a state-run list do not apply while the finding is in effect (NRS 228.540(2)(c)).

The prohibition. NRS 228.590(1):

Except as otherwise provided in NRS 228.600, a telephone solicitor shall not intentionally make an unsolicited telephone call for the sale of goods or services to a telephone number in the currently effective version of the list of telephone numbers in the registry.

The violation requires intent, and registry information may be used only to determine whether a number may be called (NRS 228.590(2)).

Preexisting business relationship exception. A solicitor may call a registered number if there is a preexisting business relationship and the solicitor complies with NRS 228.600, which imposes conditions with no federal counterpart. The solicitor "must establish and maintain an internal do-not-call registry that complies with federal and state laws and regulations," which must be provided to the Attorney General on request (NRS 228.600(2)). In addition, NRS 228.600(3):

In addition to the requirements set forth in subsection 2, at least once each year, the telephone solicitor shall provide written notice to each person with whom the telephone solicitor has a preexisting business relationship. The written notice must: (a) Inform the person that the telephone solicitor is providing the notice pursuant to state law; (b) Explain to the person that the person may elect to be placed on the internal do-not-call list of the telephone solicitor and specify the procedures for making such an election; and

The notice must also give the contact details of the solicitor's customer service department and the Attorney General (NRS 228.600(3)(c)). The relationship itself is narrower than the federal established business relationship. Under NRS 228.600(5), it must be based on a purchase, rental or lease "directly from the telephone solicitor, but not from any affiliate or associate," or another financial transaction directly with the solicitor, "that occurs within the 18 months immediately preceding the date of the unsolicited telephone call." An inquiry or application alone does not qualify. Holders of current information service or nonrestricted gaming licenses are exempt from the annual notice when soliciting within the scope of their license (NRS 228.600(4)).

Enforcement. The Attorney General may sue for violations (NRS 228.610), and NRS 228.620 provides: "A violation of a provision of NRS 228.500 to 228.640, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive."

Automatic dialing and announcing devices

Nevada's device definition tracks the pre-2021 federal formulation. NRS 597.812:

As used in NRS 597.812 to 597.818, inclusive, "device for automatic dialing and announcing" means any equipment that: 1. Incorporates a storage capability of telephone numbers to be called and utilizes a random or sequential number generator producing telephone numbers to be called; and 2. Is used exclusively, working alone or in conjunction with other equipment, to disseminate a prerecorded message to the telephone number called to solicit a person at the telephone number called to purchase goods or services.

Comparison with Facebook, Inc. v. Duguid, 592 U.S. 395 (2021): because the Nevada definition requires equipment that "utilizes a random or sequential number generator producing telephone numbers to be called," it is, if anything, narrower than the federal definition construed in Duguid, and it is further limited to equipment "used exclusively" to disseminate prerecorded sales messages. Prerecorded calls placed from a customer list by equipment lacking a number generator may fall outside NRS 597.814, though they remain subject to the federal prerecorded-message rules and to Nevada's do-not-call and calling-hour provisions.

The natural-voice requirement, NRS 597.814(1):

Except as otherwise provided in subsection 3 and NRS 597.816, a person shall not use a device for automatic dialing and announcing to disseminate a prerecorded message in a telephone call unless, before the message is disseminated, a recorded or unrecorded natural voice: (a) Informs the person who answers the telephone call of the nature of the call, including, without limitation, the fact that a device for automatic dialing and announcing will be used to disseminate the message if the person who answers the call remains on the line; and (b) Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, being represented by the caller.

Calling hours and call-backs, NRS 597.814(2):

A person shall not operate a device for automatic dialing and announcing to place: (a) A call that is received by a telephone located in this State during the period between 8 p.m. and 9 a.m.; or (b) A call-back or second call to the same telephone number if a person at the telephone number terminated the original call.

Exemptions. The section does not prohibit calls to "a person with whom the person using the device or another person affiliated with the person using the device has a preexisting business relationship" (NRS 597.814(3)). NRS 597.816 exempts calls made exclusively on behalf of schools, nonprofit organizations, cable and utility installation reminders, hazardous facility emergency warnings, government public safety messages, and "A candidate for public office, committee advocating the passage or defeat of a ballot question, political party, committee sponsored by a political party or a committee for political action" (NRS 597.816(7)).

Penalties, NRS 597.818: a first offense is a misdemeanor, a second a gross misdemeanor, and a third or subsequent offense "a category E felony" (subsection (1)); a convicted violator's telephone service "must be suspended for a period determined by the court" (subsection (2)); and "a person who violates any provision of NRS 597.814 is subject to a civil penalty of not more than $10,000 for each violation" (subsection (3)). A violation is also a deceptive trade practice (subsection (4)).

Deceptive trade practices in telephone and text solicitation

NRS 598.0918, amended in 2021 to reach text messages and spoofing:

A person engages in a "deceptive trade practice" if, during a solicitation by telephone or text message or during a sales presentation, he or she: 1. Uses threatening, intimidating, profane or obscene language; 2. Repeatedly or continuously conducts the solicitation or presentation in a manner that is considered by a reasonable person to be annoying, abusive or harassing; 3. Solicits a person by telephone at his or her residence between 8 p.m. and 9 a.m.; 4. Blocks or otherwise intentionally circumvents any service used to identify the caller when placing an unsolicited telephone call; 5. Places an unsolicited telephone call that does not allow a service to identify the caller by the telephone number or name of the business, unless such identification is not technically feasible; or 6. Defrauds a person of any valuable thing, wrongfully obtains from a person any valuable thing or otherwise causes harm to a person by knowingly causing, directly or indirectly, any service used in connection with a voice service or text messaging service to identify the caller or sender of the text message to display inaccurate or misleading information.

Calling hours: subsection 3 applies to all telephone solicitation of a person "at his or her residence," whether live or automated, so the effective Nevada window for residential solicitation is 9 a.m. to 8 p.m. There is no numeric frequency cap; subsection 2 is a reasonable-person harassment standard. Subsection 6 is Nevada's state-law analog to the federal Truth in Caller ID Act and expressly covers text messaging services. Nevada has no separate consent requirement for marketing texts, but texts are within the do-not-call law to the extent they qualify as unsolicited telephone calls for the sale of goods or services, and within NRS 598.0918 by its terms.

Registration of telephone sellers (chapter 599B)

Status note: the chapter's history notes record temporary repeals enacted in each legislative session from 2009 through 2019. No later temporary repeal appears, the chapter was amended in 2021 to name the Consumer Affairs Unit, and the current official NRS prints it as operative. The discussion below reflects that current text.

Registration requirement, NRS 599B.080:

It is unlawful for any person to do business as a seller or salesperson in this State without being registered with the Unit pursuant to the provisions of this chapter. For the purposes of this section, a person does business as a seller or salesperson in this State if he or she solicits or causes to be solicited a sale of goods or services or a donation from a location in this State or solicits persons in this State from a location outside this State.

The "seller" definition is targeted. Under NRS 599B.010(9), a seller is a person who causes a telephone solicitation "through the use of one or more salespersons or any automated dialing announcing device" where, among other circumstances, the person represents that a consumer will receive free additional goods or a premium, offers precious metals, gems, mineral interests "or any other investment opportunity," sells sports information or recovery services, or responds to inquiries generated by "specially selected" notices or premium offers. NRS 599B.010(10) excludes many regulated businesses, including licensed securities, real estate and insurance professionals, newspaper and magazine publishers, licensed broadcasters, regulated utilities, financial institutions, negative-option and catalog sellers, and persons who complete sales only at "a later face-to-face meeting."

An applicant must disclose its names, locations, all telephone numbers to be used, principals and salespersons, and scripts and sales literature (NRS 599B.090(1)), and must pay "A fee for registration in the amount of $6,000" (NRS 599B.090(5)(b)), with an additional bond and fee for each assumed name (NRS 599B.090(6)). Security is set by NRS 599B.100(2): "The amount of the bond, letter of credit or certificate of deposit must be $50,000," which may be increased to not more than $250,000 in an assurance of discontinuance (NRS 599B.100(3)). Salespersons must also register (NRS 599B.120).

Disclosures. NRS 599B.170(1) requires a salesperson, during any solicitation, to "(a) Identify himself or herself by stating his or her true name; (b) Identify the seller by whom he or she is employed; and (c) State the purpose of his or her call."

Enforcement. The Attorney General may obtain injunctions, restitution, fees and "a civil penalty not to exceed $5,000 for each violation" (NRS 599B.245(1)(b)), and $50,000 per violation of a resulting order (NRS 599B.245(2)). Willful violations are crimes escalating to a category D felony, and unregistered activity in violation of NRS 599B.080 "is guilty of a category D felony" (NRS 599B.255(3)). Elderly persons and persons with a disability injured by an unlawful telephone solicitation may recover actual damages, punitive damages and attorney fees (NRS 599B.300).

Private right of action

NRS 41.600 provides that "An action may be brought by any person who is a victim of consumer fraud," defined to include "A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive" (NRS 41.600(2)(e)). For a prevailing claimant, NRS 41.600(3):

If the claimant is the prevailing party, the court shall award the claimant: (a) Any damages that the claimant has sustained; (b) Any equitable relief that the court deems appropriate; and (c) The claimant's costs in the action and reasonable attorney's fees.

There is no statutory per-call damages amount. NRS 598.0918 violations fall within NRS 41.600 because that section is within the NRS 598.0915 to 598.0925 range. Do-not-call violations (NRS 228.620) and robocall violations (NRS 597.818(4)) are declared deceptive trade practices "for the purposes of NRS 598.0903 to 598.0999," but are not themselves defined in NRS 598.0915 to 598.0925, so whether they support an NRS 41.600 action is not settled by the statutory text. Nevada's statutes contain no class-action bar for these claims. An action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999 must be commenced within four years, and the claim accrues when the aggrieved party discovers, or with due diligence should have discovered, the facts constituting the practice (NRS 11.190(2)(d)). Actions by the Attorney General for deceptive trade practices are governed separately by NRS 11.245.

Agency enforcement and civil penalties

For willful deceptive trade practices, NRS 598.0999(2) authorizes "a civil penalty not to exceed $15,000 for each violation," and $10,000 per violation of a court order (NRS 598.0999(1)). Knowing and willful deceptive trade practices are crimes graded by loss amount under NRS 598.0999(3), and the court may order the payment of "treble damages on all damages suffered by reason of the deceptive trade practice." Robocall violations carry the separate $10,000 civil penalty in NRS 597.818(3).

How Nevada differs from federal law

Nevada is stricter than federal law in its 9 a.m. to 8 p.m. window, the natural-voice introduction and call-back prohibition for robocalls, the narrower business relationship exception with its annual notice requirement, the limited charitable and political exclusion, the registration and security regime for high-risk sellers, and the criminal exposure for repeat violators. It is looser in that its device definition is narrow (requiring a number generator and exclusive use for prerecorded sales messages), robocalls to existing customers and political robocalls are exempt from the state device statute, and private consumers must prove actual damages rather than recover a statutory amount. The TCPA applies concurrently.

Notable case law

No reported Nevada appellate decision or federal opinion construing NRS 228.590, NRS 597.814 or NRS 598.0918 was identified in the sources searched for this summary. No case law PDF is included for Nevada.

Recent amendments

• Assembly Bill 61 (2021), effective October 1, 2021 (the bill contains no special effective date, so the default date applies): amended the Deceptive Trade Practices Act. Confirmed from the enrolled bill: section 1 amended NRS 597.818 to grade violations of NRS 597.814 as a misdemeanor, gross misdemeanor and then category E felony, to add a civil penalty of not more than $10,000 per violation, and to make a violation a deceptive trade practice; section 6.5 amended NRS 598.0918 to reach solicitation by text message and to add the caller ID transmission and spoofing provisions; section 26 amended the four-year limitations period for deceptive trade practice actions in NRS 11.190(2)(d); and section 25 added the separate rule for Attorney General actions now codified at NRS 11.245. The Attorney General's announcement summarized that "Certain robocalling acts, including both voice and text messages, are now violations of the DTPA and can carry penalties under the law."
• Senate Bill 447 (2021) replaced the Consumer Affairs Division with the Consumer Affairs Unit, which chapter 599B now names as the registering agency. The history notes to chapter 599B record temporary repeals ("R temp.") enacted in each session from 2009 through 2019; no later temporary repeal appears, and the current official NRS prints the chapter as operative. Confirm current registration procedures with the Consumer Affairs Unit before relying on the chapter.
• 2025 legislation (Statutes of Nevada 2025, page 853) amended NRS 228.630, which governs the Registry Account; it did not change the substantive do-not-call rules.

Practical compliance checklist

• Restrict residential solicitation calls to Nevada numbers to 9 a.m. through 8 p.m. Nevada time, for live and automated calls alike.
• Scrub against the national Do Not Call Registry for Nevada numbers; do not rely on inquiries or affiliate relationships to call registered numbers.
• If relying on a preexisting business relationship, maintain an internal do-not-call list available to the Attorney General and send every such customer the annual written notice required by NRS 228.600(3).
• Before any prerecorded sales message, use a natural voice to state the nature of the call, that a recorded message will follow, and the business's name, address and telephone number; never call back a number that hung up.
• Transmit accurate caller ID showing the business's number or name; never block or spoof caller ID on calls or texts.
• If your offer involves premiums, investments, precious metals, sports information, recovery services or donation premiums, determine whether chapter 599B registration applies, and if so register, pay the $6,000 fee and post $50,000 in security before calling.
• Have salespersons state their true name, the seller and the purpose of the call at the outset.
• Continue to meet federal prior express written consent requirements for robocalls and robotexts, which Nevada's narrower device statute does not displace.

References

• NRS Chapter 228 (NRS 228.500 to 228.640): https://www.leg.state.nv.us/NRS/NRS-228.html
• NRS Chapter 597 (NRS 597.812 to 597.818): https://www.leg.state.nv.us/NRS/NRS-597.html
• NRS Chapter 598 (NRS 598.0918, 598.0999): https://www.leg.state.nv.us/NRS/NRS-598.html
• NRS Chapter 599B: https://www.leg.state.nv.us/NRS/NRS-599B.html
• NRS Chapter 41 (NRS 41.600): https://www.leg.state.nv.us/NRS/NRS-041.html
• NRS Chapter 11 (NRS 11.190, 11.245): https://www.leg.state.nv.us/NRS/NRS-011.html
• Assembly Bill 61 (2021), enrolled: https://www.leg.state.nv.us/Session/81st2021/Bills/AB/AB61_EN.pdf
• Nevada Attorney General, Finding Affirming the 2021 National Do Not Call Registry: https://ag.nv.gov/uploadedFiles/agnvgov/Content/Issues/2023-01-10%202021%20DNC%20Findings.pdf
• Nevada Attorney General, Nevada Do Not Call Registry: https://ag.nv.gov/Hot_Topics/Nevada_Do_Not_Call_Registry/
• Nevada Attorney General, 2021 announcement of AB 61, AB 47 and SB 62: https://ag.nv.gov/News/PR/2021/Attorney_General_Ford_Announces_Improvements_to_Consumer_Protection_Laws_in_Nevada/
• 47 U.S.C. § 227: https://www.govinfo.gov/content/pkg/USCODE-2023-title47/html/USCODE-2023-title47-chap5-subchapII-partI-sec227.htm
• 47 C.F.R. § 64.1200: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• 16 C.F.R. Part 310: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.