Nevada Revised Statutes 228.530 – ‘Unsolicited telephone call for the sale of goods or services’ defined
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:
Terms Used In Nevada Revised Statutes 228.530
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
(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.