NRS228.530. “Unsolicited telephone call for the sale of goods or services” defined.  


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  •       1.  “Unsolicited telephone call for the sale of goods or services” means an unsolicited telephone 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).

          2.  As used in this section:

          (a) “Charitable organization” means a person that the Secretary of the Treasury has determined to be tax exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3).

          (b) “Committee for political action” means a committee for political action, as defined in NRS 294A.0055, which has registered pursuant to NRS 294A.230.

          (c) “Good or service” means:

                 (1) Any property or product, whether tangible or intangible;

                 (2) Any service, including, without limitation, financial service;

                 (3) A loan or any other extension of credit;

                 (4) Insurance;

                 (5) Any investment or opportunity for investment;

                 (6) A gift, prize, bonus or any other inducement to act; or

                 (7) Anything of value.

          (d) “Political organization” means a committee for political action, political party or candidate for public office.

          (e) “Religious organization” means an organization for which the primary purpose is the operation of a church, synagogue or other place of religious worship at which nonprofit religious services and activities are regularly conducted.

          (f) “Telephone call on behalf of a charitable organization, religious organization or political organization” means a telephone call on behalf of the organization if the call is made by:

                 (1) An employee of the organization who is paid directly by the organization; or

                 (2) A volunteer.

          3.  For the purposes of this section, a telephone call is deemed to have been solicited if it is 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, if the telephone call is made to:

                 (1) Collect the payment or obtain the performance; or

                 (2) Extend credit to allow the person to make the payment.

      (Added to NRS by 2003, 2877)