Do Not Call & Telemarketing
Nevada has a
telecommunication solicitation law, popularly known
as a "do not call" law. This law gives you an
opportunity to limit the telemarketing calls you
receive, by allowing you to place your phone number
on a do not call registry.
To better understand Nevada’s do not call law,
below are some frequently asked questions.
General Questions
Registry
Questions
Filing A Complaint
Questions
General Questions
Tell
me more about Nevada's do not call law.
Nevada’s do not
call law is officially called the Telecommunication
Solicitation Act. It prohibits most telemarketers
from making unsolicited calls for the sale of goods
or services to a Nevada phone number in the national
do not call registry.
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Is
this law different from the federal do not call law?
Yes. The Nevada and
federal do not call laws offer different protections
in certain circumstances. For instance, a charitable
organization may be considered a telemarketer in
limited circumstances under Nevada's law and be
unable to call a registered Nevada phone number, but
not be similarly prohibited under the federal law.
Nevada residents, however, receive the protection of
both laws.
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Will
these laws stop all telemarketing calls?
No. The Nevada and
federal do not call laws prohibit most telemarketing
calls to registered Nevada phone numbers. However,
the Nevada law still permits some types of calls,
including these examples:
|
Telemarketing calls from companies that
have had a direct, preexisting business
relationship with you within 18 months
of the call |
|
Telemarketing calls from political,
religious or tax-exempt charitable
organizations that are made by an actual
employee or volunteer of that
organization |
|
Calls
that do not involve the sale of goods or
services, for example, telephone survey
calls |
|
Calls
from a telemarketer you have given
express permission to call you |
|
Calls
from a telemarketer when you have a debt
and the call's purpose is to collect
payment or performance, or to extend
credit to make the payment |
|
Calls
from a company that has an established
business relationship with you
(regardless of the relationship's
length) and the call's sole purpose is
to verify whether you want to terminate
the business relationship |
To better understand the federal do not call law
exceptions, visit the national do not call registry
web site at
www.donotcall.gov
and
select the "More Information" button. Generally,
federal law still permits calls to registered
numbers from political and charitable organizations,
telephone surveyors, and companies you have an
existing business relationship with or whom you have
provided express written agreement to receive their
calls.
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Do
these laws prevent telemarketing scams or frauds?
No, as these laws
only prohibit most telemarketers from calling
registered Nevada phone numbers. Unfortunately,
some unscrupulous telemarketers may claim they can
still call you when they actually can not, and then
engage in fraudulent activity. You should always
exercise caution when making purchases or donations
over the phone.
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Registry
Questions
What is a do not call
registry?
A do not call
registry provides you with an opportunity to limit
the telemarketing calls you receive. It is a list of
phone numbers maintained for the purpose of limiting
telemarketing calls. The federal government manages
a nationwide do not call registry ("national do not
call registry") and most telemarketers are
prohibited from placing calls to numbers on that
registry. Individual telemarketers are also required
to maintain their own do not call registries
("internal do not call registry").
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I already registered on
the national do not call registry. Do I need to
register again to be covered by Nevada's do not call
law?
No. The Nevada do
not call law uses the Nevada portion of the national
do not call registry as its registry. If you
previously registered on the national registry, you
do not need to register again.
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I
haven't registered for the national do not call
registry. How do I register my phone number?
To
register your Nevada number, visit the national do
not call registry's web site,
www.donotcall.gov .
If you prefer, you can also register by calling toll
free (888) 382-1222 from the number you want to
register. The hearing impaired may call (866)
290-4236. By doing so, you register for protection
under both the Nevada and federal do not call laws.
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The national do not call
registry web site or their toll free number does not
mention Nevada. How do I know I am registering for
Nevada's do not call law as well?
It is true that the
national registration process does not explicitly
mention Nevada’s do not call law. As long as you
register a Nevada phone number, however, that phone
number is registered for the Nevada do not call law.
Proof of registration for the national do not call
registry also serves as proof of registration under
Nevada’s do not call law, provided it is a Nevada
phone number.
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Does it cost money to
register my phone number?
No. It's free.
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May I register my mobile
phone numbers?
Yes.
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May
I register my business phone numbers or fax line?
No.
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If I don't want to put
my number on the national do not call registry, can
I still stop telemarketers from calling me?
Yes. Even if you do
not register, you can prohibit individual
telemarketers from calling you by asking each of
them to put your number on their own company's
internal do not call registry, which they are
required to maintain under federal law.
Telemarketers are prohibited from calling numbers on
their own internal do not call registries.
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I am on the national do
not call registry, but I'm still getting
telemarketing calls. Besides filing a complaint,
what else can I do to stop telemarketers from
calling me?
Most telemarketers
should stop calling you because you are registered.
But companies you do business with may still call
you. You can always ask these companies to put your
number on their own company's internal do not call
registry. If they fail to honor your request by
calling you again, that is a separate basis to file
a complaint.
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Once I register my phone
number, how long does it take to show up on the
registry?
Upon completing the
registration process, your phone number shows up on
the national do not call registry by the following
day. However, since telemarketers update their
copies of the national do not call registry at least
every 31 days, it is recommended that you allow 31
days before filing a complaint.
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How long will my phone
number be on the registry?
Your phone number
remains on the national do not call registry for
five years from the date you register, unless you
choose to take it off the registry or your phone
number is disconnected. After five years, you will
need to register your phone number again.
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I still have more
questions about the registry. Where can I find more
information?
Visit the national do not call registry's web site
at
www.donotcall.gov
and select the "More Information" button. They have
answers for many detailed questions about the
registration process.
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Filing A Complaint
Questions
What do I do if I am still receiving telemarketing
calls after I register?
You should file a
complaint if:
-
Your Nevada
number has been on the national do not call
registry for at least 31 days,
-
You know the
date the telemarketer called you,
-
You know either
the telemarketer's name or phone number, and
-
You are certain the
telemarketing call is prohibited by either the
Nevada or federal do not call laws.
See question
" Will
these laws stop all telemarketing calls? "
to learn what types of calls may still be
allowed.
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How
do I file a complaint? What do I need to file a
complaint?
Once you have verified that you can file a
complaint, visit the national do not call registry's
web site at
www.donotcall.gov
and select the "File A Complaint" button. If you
prefer, you can also file a complaint by calling
toll free (888) 382-1222. The hearing impaired may
call (866) 290-4236. In filing a complaint, you will
need to provide either the telemarketer's name or
phone number, the date the telemarketer called you,
and your registered phone number. This is all that
is necessary to file a complaint under both the
Nevada and federal do not call laws.
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What
do I do if I am still receiving calls from
telemarketers that I previously asked to be placed
on their own company's do not call registries?
You may want to ask
to be placed on their do not call registry again, as
your request may not have been processed yet by the
company. If you feel that is not the case, you may
also file a complaint.
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What
will happen to my complaint?
Your complaint will
automatically be entered into the Consumer Sentinel,
a secure, online database available to both the
federal government and the Nevada Attorney General's
office. Through the use of the Consumer Sentinel, we
can investigate your complaint and pursue
enforcement action where appropriate. A telemarketer
who disregards Nevada's do not call law may be
required to respond to allegations of deceptive
trade practice violations. This may result in fines
up to $2,500 for each call made in violation of the
law, among other relief, such as reasonable
attorney's fees and costs. Such fines will be used
to fund consumer outreach programs and additional
consumer protection enforcement efforts.
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May
I file a do not call complaint directly with the
Nevada Attorney General's office?
You may, but it is preferred that you file your
complaint one time only on the national do not call
registry's web site,
www.donotcall.gov ,
by selecting the "File A Complaint" button. If you
prefer, you may also file a complaint by calling
toll free (888) 382-1222. The hearing impaired may
call (866) 290-4236. This will ensure your complaint
is available to both federal and state enforcement
authorities. It also allows the Nevada Attorney
General's office to use the federal government's
Consumer Sentinel in investigating your complaint.
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