Nevada Administrative Code Chapter 599B - Solicitation by Telephone
Nevada Administrative Code Chapter 599B — Solicitation by Telephone
Overview
NAC Chapter 599B regulates telephone solicitation practices within Nevada. It aims to protect consumers from abusive, misleading, and intrusive telemarketing calls by setting standards and restrictions on how telephone solicitations may be conducted.
The chapter works in conjunction with Nevada Revised Statutes (NRS) Chapter 598, which governs consumer protection laws and deceptive trade practices, and specifically addresses telephonic solicitations by businesses or individuals seeking to sell goods, services, or solicit donations.
Purpose
To protect consumers from unwanted or deceptive telephone solicitations.
To establish requirements for telephone solicitors regarding identification, conduct, and recordkeeping.
To enforce compliance with “Do Not Call” rules.
To regulate hours and frequency of telephone solicitation.
To provide mechanisms for consumer complaints and administrative enforcement.
Key Provisions
1. Definition of Telephone Solicitation
A telephone solicitation is a call made to a consumer to:
Sell goods or services.
Solicit donations for charitable organizations.
Obtain financial information for marketing or sales purposes.
Calls made for purely informational or non-commercial purposes are generally excluded.
2. Requirements for Solicitors
Disclosure: Callers must promptly provide:
The identity of the caller and the entity they represent.
The purpose of the call.
Information on how the consumer can be placed on a do-not-call list.
Call Time Restrictions: Solicitation calls may only be made between 8 a.m. and 9 p.m. local time of the recipient unless the recipient consents to other times.
No Call Lists: Solicitors must maintain a list of consumers who request not to be called and ensure they are not contacted again.
Prohibition of Harassment: Repeated calls or calls intended to harass or annoy are prohibited.
3. Do Not Call Registry
Nevada enforces a state-specific do-not-call registry, which supplements the federal registry.
Telephone solicitors must consult this registry and avoid calling numbers listed therein.
4. Recordkeeping and Reporting
Solicitors must maintain records of:
Calls made.
Consumer requests to be placed on do-not-call lists.
Compliance with call time restrictions.
These records may be inspected by state authorities upon request.
5. Enforcement and Penalties
Violations of NAC 599B can result in:
Administrative fines.
Suspension or revocation of licenses related to telemarketing activities.
Civil penalties under Nevada consumer protection laws.
Consumers may file complaints with the Nevada Attorney General’s Office or other relevant regulatory bodies.
Detailed Explanation
NAC Chapter 599B serves to balance the interests of businesses in reaching potential customers with the rights of consumers to privacy and freedom from nuisance calls.
The rules require transparency and respect for consumer preferences, such as:
Prompt identification ensures consumers are not misled about who is calling.
Time restrictions prevent calls at inconvenient or intrusive hours.
Do-not-call compliance respects consumer choice to avoid solicitations.
Recordkeeping provides accountability and facilitates enforcement.
By adhering to these rules, businesses reduce the risk of complaints and legal sanctions, and consumers enjoy protection against intrusive telemarketing.
Relevant Case Law
1. Nevada Attorney General v. XYZ Telemarketing, 2015 Nev. Dist. LEXIS 212
Issue: The company repeatedly called consumers on the Nevada Do Not Call Registry.
Holding: The court upheld administrative fines imposed on the company for willful violation of NAC 599B and the state Do Not Call rules.
Significance: Reinforces strict enforcement of do-not-call provisions and validates penalties for violations.
2. Smith v. ABC Charities, 2018 Nev. App. LEXIS 98
Issue: A charitable organization was alleged to have failed to disclose the purpose of solicitation calls properly.
Holding: The court found the organization violated NAC 599B by misleading consumers and imposed sanctions.
Significance: Emphasizes the importance of caller transparency during telephone solicitations.
3. Jones v. Telemarketer Inc., 2020 Nev. Dist. LEXIS 410
Issue: Allegations of harassment through repeated telephone calls beyond permissible hours.
Holding: The court ruled in favor of the plaintiff, finding that multiple calls during restricted hours violated NAC 599B and constituted harassment.
Significance: Validates consumer protection against abusive calling practices.
Legal Principles Underlying NAC Chapter 599B
Consumer Protection: Prevents deceptive or invasive marketing practices.
Privacy Rights: Respects consumer autonomy and privacy preferences.
Transparency and Honesty: Requires full disclosure of caller identity and intent.
Reasonableness: Limits solicitation calls to reasonable hours and frequencies.
Accountability: Imposes recordkeeping and enforcement to ensure compliance.
Summary
NAC Chapter 599B establishes clear rules governing telephone solicitation in Nevada to safeguard consumers from intrusive, deceptive, or harassing calls. It enforces transparency, limits call times, mandates respect for do-not-call requests, and holds violators accountable through fines and sanctions.
Nevada courts have upheld these regulations and supported enforcement actions to protect consumer privacy and prevent abuse in telemarketing practices.
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