Nevada’s robocall statute applies only to a narrow kind of equipment. Under NRS 597.812, a covered dialing device must generate random or sequential numbers and must be used only to play prerecorded sales messages. When the statute applies, the penalties are serious: crimes for repeat offenses and civil penalties of up to $10,000 per violation. But most modern marketing platforms don’t dial random or sequential numbers, and that’s the first defense to test.
What equipment does Nevada’s robocall law cover?
Dialing equipment that both generates random or sequential numbers and is used only to play prerecorded sales messages.
NRS 597.812 defines the device as equipment that “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 that “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.”
The definition resembles the federal autodialer test the Supreme Court adopted in Facebook v. Duguid, with an added “exclusively” requirement. A platform that dials from a customer list, or that also handles live calls and service messages, has a strong argument that it isn’t a covered device at all.
What does NRS 597.814 require?
A live or recorded natural-voice introduction before the message, a 9 a.m. to 8 p.m. window, and no repeat calls after a hang-up.
Under NRS 597.814(1), before the prerecorded message plays, “a recorded or unrecorded natural voice” must tell the person the nature of the call, including that a device will play the message if they stay on the line, and give “the name, address and telephone number of the business or organization, if any, being represented by the caller.”
Subsection 2 bars calls “received by a telephone located in this State during the period between 8 p.m. and 9 a.m.” It also bars “A call-back or second call to the same telephone number if a person at the telephone number terminated the original call.” The 9 a.m. start is an hour later than the federal rule.
What calls are exempt?
Calls to people with a preexisting business relationship, and calls made exclusively for listed organizations and purposes.
Subsection 3 excludes calls playing a recorded message 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 597.816 adds exemptions for calls made “exclusively on behalf of” schools, nonprofit organizations, video and utility providers confirming installations, emergency notices, and government agencies, among others.
For most commercial callers, the business-relationship exemption carries the weight. Customer and account records showing that relationship are worth pulling at the start of any Nevada matter.
What are the penalties?
Criminal penalties that escalate with repeat offenses, a civil penalty of up to $10,000 per violation, and deceptive trade practice treatment.
NRS 597.818 makes a first violation a misdemeanor, a second a gross misdemeanor, and a third or later a category E felony. It adds that a violator “is subject to a civil penalty of not more than $10,000 for each violation,” and that a violation “constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.”
Whether a private plaintiff can sue is less clear. Nevada’s consumer fraud action in NRS 41.600 covers “A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive,” and requires damages the claimant “has sustained.” A robocall violation is declared deceptive by a different statute, and a recipient who lost nothing has little to recover. Defendants have good arguments on both points.
How does Nevada handle Do Not Call?
Nevada uses the national database as its registry, and calls to listed numbers must be intentional to violate state law.
NRS 228.590 provides that “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.” Under NRS 228.540, the Attorney General may designate the Nevada portion of the national database as the state registry. A preexisting business relationship permits calls to listed numbers under NRS 228.600, but only if the caller keeps an internal do-not-call list.
The intent requirement matters. A scrub failure isn’t the same as an intentional call. Federal Do Not Call claims under the TCPA and 47 C.F.R. § 64.1200 don’t carry that word, and they allow $500 per violation, up to $1,500 if willful or knowing.
| Nevada rule | Section | Exposure | Defense to develop |
|---|---|---|---|
| Natural-voice introduction before message | 597.814(1) | Crime; civil penalty up to $10,000 per violation | Not a covered device; business relationship |
| No device calls 8 p.m. to 9 a.m. | 597.814(2)(a) | Same | Not a covered device; call logs |
| No second call after a hang-up | 597.814(2)(b) | Same | Dialer suppression records |
| Do Not Call registry | 228.590 | State enforcement | Not intentional; business relationship with internal list |
| Private consumer fraud claim | 41.600 | Actual damages, fees if plaintiff prevails | Statutory fit; no damages sustained |
Steps to take when a Nevada claim arrives
- Issue a litigation hold covering dialer and platform logs, prerecorded message files, and consent records for the Nevada numbers.
- Retrieve internal do-not-call entries and hang-up suppression data, with timestamps.
- Retrieve National Registry scrub records and the version dates used.
- Document how the dialing platform selects numbers, plus vendor contracts and scripts.
- Have a lawyer review the claim before responding, calling the recipient, or discussing payment.
The platform documentation in step 4 is often decisive in Nevada, because the device definition is so narrow. More on defending robocall lawsuits is available, and a recent post covers how the TCPA interacts with state telemarketing laws.
Questions about Nevada’s robocall law
Do Nevada’s rules cover AI-voice or prerecorded messages from a list-based platform?
Only if the equipment fits NRS 597.812, which requires “a random or sequential number generator” and use “exclusively” for prerecorded sales messages. A platform dialing a customer list likely falls outside it. Federal prerecorded-voice rules still apply regardless of the equipment.
What hours apply to prerecorded calls in Nevada?
Device calls to Nevada phones are barred between 8 p.m. and 9 a.m. Setting campaign windows to 9 a.m. to 8 p.m. local time for Nevada numbers satisfies both state and federal limits.
Can a Nevada consumer sue for a robocall?
Possibly, under NRS 41.600, but the fit is contested. The statute names deceptive trade practices defined in a different chapter range, and recovery depends on damages the claimant actually sustained. Most Nevada recipients sue under the federal TCPA instead.
Defending Nevada robocall claims
If your company faces a Nevada robocall complaint or lawsuit, the device definition and the business-relationship exemption usually determine whether the state statute applies at all. Rosenberger + Kawabata represents businesses defending TCPA lawsuits and class actions through its business litigation practice, including claims involving prerecorded sales messages. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
NRS 597.812 to 597.818; NRS 228.540 to 228.600; NRS 41.600; 47 U.S.C. § 227; 47 C.F.R. § 64.1200.
This post is general information about the Telephone Consumer Protection Act and related laws as of May 16, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Courts and the FCC change the rules in this area often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.