Nevada Consent Requirements
What consent you need before calling or texting consumers in Nevada
Mini-TCPA State — Stricter than Federal
Nevada has enacted NRS § 599B which imposes consent requirements beyond what federal TCPA requires. Federal compliance alone is not enough.
One-to-One Consent Required for Some Channels
Consent obtained from a lead generator or shared with multiple sellers is NOT valid in Nevada for affected channels. You must obtain consent specifically naming your company.
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | Prior Express | No | No | Valid |
| SMS | Written Consent Required | Required | No | Valid |
| AI Voice | Written Consent Required | Required | No | Not Sufficient |
| Prerecorded | Written Consent Required | Required | No | Not Sufficient |
| Ringless Voicemail | Written Consent Required | Required | No | Valid |
| MMS | Written Consent Required | Required | No | Valid |
| Fax | Prior Express | No | No | Valid |
Channel Details
Voice Call
Notes
Nevada requires registration ($50,000 bond), prior express consent for telemarketing calls, and restricts hours to 9 AM–9 PM (stricter start than federal). Must scrub against both Nevada DNC and federal DNC lists. Must disconnect within 5 seconds of hang-up. Manual dialing to non-DNC numbers is the standard cold calling path.
ATDS Definition
NRS 599B.090 prohibits use of automatic dialing devices to play prerecorded messages without consent, but does not provide a broader ATDS definition. Federal TCPA post-Duguid definition applies for autodialer analysis.
Statute
NRS 599B.080; NRS 599B.090
SMS
Notes
Nevada defers to federal TCPA for SMS consent. Prior express written consent required for autodialed or marketing texts. One-to-one consent required under FCC January 2025 rule. Nevada's 9 AM start time may apply to text solicitations as well.
ATDS Definition
No state-specific ATDS definition for SMS. Federal TCPA/FCC definition applies.
Statute
NRS 599B.080; 47 U.S.C. § 227
AI Voice
Notes
AI voice calls trigger both NRS 599B.090 prerecorded message restrictions and FCC 24-17 classification. Prior express written consent required. Nevada calling hours (9 AM–9 PM) and disconnect requirements apply.
ATDS Definition
No state-specific AI voice definition. AI-generated voice calls treated as artificial/prerecorded under federal TCPA per FCC 24-17 and likely fall under NRS 599B.090 prerecorded message prohibition.
Statute
NRS 599B.090; 47 U.S.C. § 227; FCC 24-17
Prerecorded
Notes
Nevada explicitly prohibits prerecorded message calls without prior consent under NRS 599B.090. System must disconnect within 5 seconds of hang-up. Federal TCPA written consent requirement also applies.
ATDS Definition
NRS 599B.090 specifically addresses automatic dialing devices playing prerecorded messages. Prior consent required under both state and federal law.
Statute
NRS 599B.090; 47 U.S.C. § 227(b)(1)(B)
Ringless Voicemail
Notes
Ringless voicemail drops are treated as calls under federal TCPA. Prior express written consent required. Nevada's 9 AM–9 PM calling hours likely apply to RVM timing as well.
ATDS Definition
No state-specific definition. FCC treats ringless voicemail as a call under TCPA.
Statute
47 U.S.C. § 227
MMS
Notes
MMS follows federal TCPA consent framework. Prior express written consent required for marketing MMS. One-to-one consent required under FCC 2025 rule.
ATDS Definition
No state-specific definition. Federal TCPA applies to MMS.
Statute
47 U.S.C. § 227
Fax
Notes
Unsolicited fax advertising follows federal TCPA rules. EBR exemption available. Must include opt-out. Nevada does not impose additional state-level fax restrictions.
ATDS Definition
Federal TCPA Junk Fax Prevention Act standards apply.
Exemptions
EBR exemption for faxes to existing business relationships with opt-out notice.
Statute
47 U.S.C. § 227(b)(1)(C)
What Counts as Valid Consent
Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.
Written consent required — electronic (checkbox, signature) or signed paper. Must be clear and conspicuous. Cannot be a precondition of purchase.
Universal rule: Consent must be freely given — it cannot be a condition of purchasing a product or service. Bundled consent (buried in terms of service) is not valid for TCPA purposes.
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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →