Nevada telemarketing & SMS rules for insurance agents

Nevada makes it a deceptive trade practice to solicit a person by telephone at his or her residence between 8 p.m. and 9 a.m. (NRS 598.0918(3)), so the permitted window is 9:00 a.m. to 8:00 p.m. — an hour later in the morning and an hour earlier at night than the federal 8:00 a.m.–9:00 p.m. rule for residential telephone solicitations (47 CFR 64.1200(c)(1)). NRS 598.0918 contains no exemption for insurance agents. Insurance is expressly a “good or service” under the Telecommunication Solicitation Act (NRS 228.530(2)(c)(4)), which bars unsolicited sales calls to numbers on the registry, and the Attorney General has adopted the Nevada portion of the National Do Not Call Registry as that registry. Licensed insurance brokers, agents and solicitors soliciting within the scope of their license are excluded from “seller” under the telephone-solicitation registration chapter (NRS 599B.010(10)(c)), and a victim of a deceptive trade practice defined in NRS 598.0915 to 598.0925 may sue for damages, costs and attorney’s fees (NRS 41.600).

Nevada regulates telephone solicitation under the Nevada Deceptive Trade Practices Act (NRS 598.0918), Telecommunication Solicitation Act (NRS 228.500 to 228.640), automatic dialing and announcing devices (NRS 597.812 to 597.818) and solicitation by telephone (NRS chapter 599B) (NRS 598.0918, 598.092, 598.0999; NRS 228.500–228.640; NRS 597.812–597.818; NRS 599B.010, 599B.080; NRS 41.600), which layers requirements on top of the federal TCPA. Federal law is a floor, not a ceiling: where the two differ, the stricter rule governs.

Last reviewed 2026-09-15.

What time can I call in Nevada?

9:00 a.m. to 8:00 p.m. NRS 598.0918 provides that 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 "Solicits a person by telephone at his or her residence between 8 p.m. and 9 a.m." (NRS 598.0918(3)). The statute does not state a time zone. For a device for automatic dialing and announcing, NRS 597.814(2)(a) separately bars placing "A call that is received by a telephone located in this State during the period between 8 p.m. and 9 a.m." A call to a residence at 8:30 a.m. or 8:30 p.m., which the federal rule permits (47 CFR 64.1200(c)(1)), falls outside Nevada’s window.

Are there Sunday or holiday restrictions in Nevada?

NRS 598.0918, NRS 597.812 to 597.818 and NRS 228.500 to 228.640 contain no Sunday or holiday rule.

What consent does Nevada require before the first call or text?

Nevada’s do-not-call ban reaches unsolicited calls, and a call is deemed solicited if made to a person who "Expressly requested or expressly gave permission for the telephone call to be made" (NRS 228.530(3)(a)). NRS 228.500 to 228.640 state no written-consent requirement. A call to a person with an established business relationship is deemed solicited only "if the telephone call is made solely to verify the termination of the business relationship" (NRS 228.530(3)(b)), and a call to a person with a delinquent obligation is deemed solicited if made to collect the payment or obtain the performance, or to extend credit to allow the payment (NRS 228.530(3)(c)); sales calls to registered numbers based on a preexisting business relationship are governed by NRS 228.600 (see the do-not-call field). Before a device for automatic dialing and announcing plays its prerecorded message, a recorded or unrecorded natural voice must tell the person who answers the nature of the call, including that such a device will be used if the person stays on the line, and give the name, address and telephone number of the business or organization represented (NRS 597.814(1)). That requirement does not apply to a call to a person with whom the user, or a person affiliated with the user, has a preexisting business relationship (NRS 597.814(3)).

Does Nevada treat texting differently from calling?

Partly. NRS 598.0918, last amended in 2021, opens with conduct "during a solicitation by telephone or text message or during a sales presentation," and its subsection 6 addresses causing a service used with a voice or text messaging service to display inaccurate or misleading caller information. The hours clause itself refers to soliciting a person "by telephone at his or her residence" (NRS 598.0918(3)). NRS 228.500 to 228.640 refer to unsolicited telephone calls and do not mention text messages.

Does Nevada have its own do-not-call list?

Nevada uses the Nevada portion of the National Do Not Call Registry. NRS 228.540 lets the Attorney General find that the part of the national database relating to Nevada is adequate to serve as the state registry, and after that finding that part "shall be deemed to be the registry" (NRS 228.540(2)(a)). The Attorney General states that "Nevada has adopted the Nevada portion of the National Do Not Call Registry for Nevada's Telecommunication Solicitation Act," and the Attorney General’s finding affirming the 2021 National Do Not Call Registry states that the Nevada part "shall continue to be used as the registry." A telephone solicitor "shall not intentionally make an unsolicited telephone call for the sale of goods or services" to a number in the currently effective version of the registry list (NRS 228.590(1)). The preexisting-business-relationship exception requires a relationship based on a purchase, rental, lease or other financial transaction directly with the solicitor — not with an affiliate or associate — within the 18 months before the call; an internal do-not-call registry that is provided to the Attorney General on request; and written notice at least once each year to each such person explaining how to be placed on the internal list (NRS 228.600). If the Attorney General rescinds the finding, the Nevada-maintained registry in NRS 228.550 applies on the schedule set by NRS 228.540(3).

Do I need to register to solicit in Nevada?

Not for licensed insurance agents soliciting within their license. NRS 599B.080 makes it "unlawful for any person to do business as a seller or salesperson in this State without being registered with the Unit," which includes soliciting persons in Nevada from outside the state. A “seller” covers only the solicitations described in NRS 599B.010(9) — for example, representing that the consumer will receive additional goods or services without further cost or a premium, offering precious metals, precious stones, mineral interests or other investment opportunities, sporting-event information, or recovery services, or tying a premium to a donation. “Seller” does not include "A person licensed as an insurance broker, agent or solicitor when soliciting sales within the scope of his or her license" (NRS 599B.010(10)(c)), and also excludes an insurer subject to state or federal regulation when the solicitation is within the scope of its certificate or license (NRS 599B.010(10)(m)). NRS 597.812 to 597.818 contain no registration or permit requirement for automatic dialing and announcing devices.

Are licensed insurance agents exempt in Nevada?

Registration only. NRS 599B.010(10)(c) excludes "A person licensed as an insurance broker, agent or solicitor when soliciting sales within the scope of his or her license" from “seller” under NRS chapter 599B. That exclusion does not appear in NRS 598.0918 (calling hours and caller identification), NRS 228.500 to 228.640 (do-not-call) or NRS 597.812 to 597.818 (automatic dialing and announcing devices). Under the Telecommunication Solicitation Act, “good or service” expressly includes "Insurance" (NRS 228.530(2)(c)(4)), and the only callers carved out of an “unsolicited telephone call for the sale of goods or services” are those calling on behalf of a charitable, religious or political organization through a directly paid employee or a volunteer (NRS 228.530(1), (2)(f)). The exceptions for automatic dialing and announcing devices in NRS 597.816 list schools, nonprofit organizations, video service providers, public utilities, facilities handling dangerous substances, government agencies and political callers, and do not include insurance.

What are the penalties in Nevada?

Deceptive trade practices: if the court finds a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, a district attorney or the Attorney General bringing the action may recover a civil penalty "not to exceed $15,000 for each violation," and the court may award reasonable attorney’s fees and costs (NRS 598.0999(2)). Violating a court order or injunction issued on such a complaint carries a civil penalty of not more than $10,000 for each violation (NRS 598.0999(1)). Knowingly and willfully engaging in a deceptive trade practice is a crime graded by the value of the loss, and a misdemeanor for any offense other than those in paragraphs (a) to (d) (NRS 598.0999(3)). An action may be brought by any victim of consumer fraud, which includes "A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive"; a prevailing claimant is awarded damages, any equitable relief the court deems appropriate, and costs and reasonable attorney’s fees (NRS 41.600(1)–(3)). Do-not-call: a violation of NRS 228.500 to 228.640 "constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive" (NRS 228.620); the Attorney General may bring legal proceedings (NRS 228.610) and may seek suspension of the violator’s privilege to conduct business in Nevada or dissolution of a corporate defendant (NRS 598.0999(5)). Automatic dialing and announcing devices: a violation of NRS 597.814 is a misdemeanor for a first offense, a gross misdemeanor for a second, and a category E felony for a third or subsequent offense; it also carries a civil penalty of not more than $10,000 for each violation and is a deceptive trade practice (NRS 597.818).

Controlling statute

Nevada Deceptive Trade Practices Act (NRS 598.0918), Telecommunication Solicitation Act (NRS 228.500 to 228.640), automatic dialing and announcing devices (NRS 597.812 to 597.818) and solicitation by telephone (NRS chapter 599B) — NRS 598.0918, 598.092, 598.0999; NRS 228.500–228.640; NRS 597.812–597.818; NRS 599B.010, 599B.080; NRS 41.600

Other things that change the answer

NRS 598.0918 also makes it a deceptive trade practice, during a solicitation, to use threatening, intimidating, profane or obscene language; to repeatedly or continuously conduct the solicitation in a manner a reasonable person would consider annoying, abusive or harassing; to block or otherwise intentionally circumvent a caller-identification service when placing an unsolicited call; or to place an unsolicited call that does not allow a service to identify the caller by telephone number or business name, unless not technically feasible (NRS 598.0918(1), (2), (4), (5)). A person who, in the course of business, solicits by telephone as a lessor or seller engages in a deceptive trade practice unless he or she identifies himself or herself, whom he or she represents and the purpose of the call within 30 seconds after beginning the conversation (NRS 598.092(2)). A device for automatic dialing and announcing may not place a call-back or second call to a number where a person terminated the original call (NRS 597.814(2)(b)). Such a device is defined as equipment that stores numbers and uses a random or sequential number generator and is used exclusively to disseminate a prerecorded message soliciting the purchase of goods or services (NRS 597.812). NRS chapter 599B also gives an elderly person or a person with a disability who suffers damage or injury as a result of an unlawful solicitation by telephone a civil action for actual damages, punitive damages if appropriate, and reasonable attorney’s fees (NRS 599B.300).

Sources

• NRS chapter 598 — Deceptive Trade Practices (NRS 598.0918, 598.092, 598.0999)primary source
• NRS chapter 228 — Telecommunication Solicitation (NRS 228.500 to 228.640)primary source
• NRS chapter 597 — Devices for Automatic Dialing and Announcing (NRS 597.812 to 597.818)primary source
• NRS chapter 599B — Solicitation by Telephoneprimary source
• NRS chapter 41 — Actions by victims of fraud (NRS 41.600)primary source
• Nevada Attorney General — Nevada Do Not Call Registryprimary source
• Nevada Attorney General — Finding Affirming the 2021 National Do Not Call Registryprimary source
• 47 CFR 64.1200 — Delivery restrictions (eCFR)primary source

How APEX enforces these rules on every send

APEX evaluates each outbound message and call before it leaves the platform. Quiet hours are applied in the contact's local time rather than the agent's, DNC scrubbing runs against federal, state, internal, and litigator lists, and every allow-or-block decision is written to an immutable audit log. See security & compliance for the full guardrail set.

Configuring a platform correctly does not by itself make a campaign lawful. You remain responsible for your consent records and your calling practices.