TCPA Demand Letter - Nevada

NEVADA TCPA DEMAND LETTER

Quick-Reference Summary

Sender Letterhead

[SENDER NAME OR LAW FIRM]
[Street Address]
[City, State ZIP]
Telephone: [____________]
Email: [____________]
[NV Bar No. / File No., if applicable]

Date and Recipient

Date: [__/__/____]

Via Certified Mail, Return Receipt Requested, No. [____________]
And Via Email to: [____________]

[RECIPIENT NAME / REGISTERED AGENT]
[BUSINESS NAME]
[Street Address]
[City, State ZIP]

Subject Line / Re: Block

RE: DEMAND TO CEASE UNLAWFUL TELEPHONE COMMUNICATIONS AND TO SETTLE CLAIMS — Telephone Consumer Protection Act, 47 U.S.C. § 227; NRS 597.812–597.818; Nevada Deceptive Trade Practices Act, NRS 598.0903–598.0999 (NRS 41.600)
Claimant: [CLAIMANT FULL NAME]
Claimant Telephone Number(s) Called: [____________]
Date Range of Violations: [__/__/____] through [__/__/____]
Number of Offending Calls/Texts/Faxes: [____]

I. Parties

Claimant: [CLAIMANT FULL NAME], a Nevada resident residing at [ADDRESS], County of [____________], State of Nevada, who is the subscriber and/or customary user of the telephone number(s) [____________]. Claimant ☐ registered the number(s) on the National Do-Not-Call Registry on [__/__/____] / ☐ previously requested no further calls from Respondent on [__/__/____] / ☐ revoked any prior consent on [__/__/____].

Respondent: [BUSINESS NAME], a [STATE OF INCORPORATION] [entity type], whose principal place of business is at [ADDRESS] and whose registered agent is [AGENT NAME] at [AGENT ADDRESS]. Respondent ☐ placed the calls/texts directly / ☐ caused them to be placed by an agent, lead generator, or third-party dialer acting on its behalf, for which Respondent is vicariously liable.

II. The Offending Communications (Call Log)

Respondent and/or its agents placed the following calls, text messages, and/or facsimile transmissions to Claimant's telephone number(s) without prior express consent (or after consent was revoked / after a do-not-call request / while the number was on a Do-Not-Call registry):

Total documented violations: [____]

III. Legal Framework — Overlapping Federal and Nevada Liability

A. Federal TCPA — 47 U.S.C. § 227

The federal TCPA is the primary vehicle for individual statutory-damages claims arising from unlawful calls, texts, and faxes:

• ATDS / artificial- or prerecorded-voice calls to cell phones — § 227(b)(1)(A): subject to the statute and rule's stated exceptions, prohibits calls using an ATDS or an artificial or prerecorded voice to a cellular telephone number without prior express consent. For advertising or telemarketing calls covered by 47 C.F.R. § 64.1200(a)(2), prior express written consent generally is required, subject to the rule's stated nonprofit and health-care exceptions. Under Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), equipment is an ATDS only if it has the capacity either to store a telephone number using a random or sequential number generator or to produce a telephone number using such a generator.
• Artificial or prerecorded calls to residential lines — § 227(b)(1)(B): the statute prohibits these calls without prior express consent unless the call is for an emergency purpose, concerns specified federal debt, or falls within an FCC exemption. Current 47 C.F.R. § 64.1200(a)(3) contains consent rules, numerical limits, and opt-out conditions that must be applied to the call type.
• National Do-Not-Call Registry — § 227(c) and 47 C.F.R. § 64.1200(c): restricts telephone solicitations to numbers on the National Do-Not-Call Registry; a caller invoking the safe-harbor standards must use a Registry version obtained no more than 31 days before the call (47 C.F.R. § 64.1200(c)(2)). A consumer private action under § 227(c)(5) requires more than one call within a 12-month period by or on behalf of the same entity.
• Internal do-not-call / company-specific request — 47 C.F.R. § 64.1200(d)(3): requires the caller to record the request when made and honor it within a reasonable time not exceeding ten business days.
• Unsolicited fax advertisements — § 227(b)(1)(C): generally prohibits sending unsolicited advertisements to a telephone facsimile machine unless the statutory established-business-relationship, number-acquisition, and notice conditions are satisfied; a compliant opt-out request ends the exception.

Damages: Section 227(b)(3) permits actual loss or $500 per violation, with a discretionary increase to no more than three times that amount for a willful or knowing violation. Section 227(c)(5) separately requires more than one call within a 12-month period by or on behalf of the same entity and permits actual loss or up to $500 per qualifying violation, with the same discretionary trebling ceiling. Match each call, text, or fax to the specific claim before calculating damages.
Statute of limitations: generally 4 years after accrual — 28 U.S.C. § 1658(a).
Private right of action: expressly provided — § 227(b)(3), (c)(5).

B. Nevada Automatic Dialing-and-Announcing Statute — NRS 597.812–597.818

NRS 597.812 defines a "device for automatic dialing and announcing" as equipment that incorporates storage of telephone numbers and "utilizes a random or sequential number generator producing telephone numbers to be called" and is used to "disseminate a prerecorded message . . . to solicit a person . . . to purchase goods or services."

NRS 597.814 prohibits use of such a device to disseminate a prerecorded message unless, before the message, a natural voice (a) informs the recipient of the nature of the call (including that an automatic dialing-and-announcing device will be used), and (b) provides the name, address, and telephone number of the business represented. NRS 597.814(2) further provides that "[a] person shall not operate a device for automatic dialing and announcing to place: (a) [a] call that is received by a telephone located in this State during the period between 8 p.m. and 9 a.m.; or (b) [a] call-back or second call to the same telephone number if a person at the telephone number terminated the original call."

NRS 597.818 penalizes violations as a misdemeanor (first), gross misdemeanor (second), and category E felony (third and subsequent), provides that "a person who violates any provision of NRS 597.814 is subject to a civil penalty of not more than $10,000 for each violation," and provides that "[a] violation of any provision of NRS 597.814 constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive."

C. Nevada Do-Not-Call — NRS 228.500 to 228.640

The Nevada Attorney General administers the Nevada portion of the National Do-Not-Call list under NRS 228.500 to 228.640. Calls to a Nevada consumer whose number is on that list are independently unlawful and may be referred to the Attorney General's Bureau of Consumer Protection.

D. Nevada Deceptive Trade Practices Act and Private Action — NRS 598.0903–598.0999; NRS 41.600

Because NRS 597.818(4) classifies a § 597.814 violation as a deceptive trade practice for purposes of NRS 598.0903 to 598.0999, Claimant may pursue a private action under NRS 41.600, which authorizes an action by a "victim of consumer fraud" — including a deceptive trade practice under NRS 598.0915 to 598.0925 — to recover damages, costs, and reasonable attorney's fees. Where the victim is an elderly person or a person with a disability, NRS 598.0977 provides enhanced remedies.

DAMAGES ENGINE — FEDERAL TCPA: Under § 227(b)(3), monetary relief is the greater of actual loss or $500 per violation, with any willful-or-knowing increase discretionary and capped at three times that amount. The Nevada statutes are pleaded to add the NRS 597.818 civil penalty exposure, the NRS 41.600 deceptive-trade-practice claim (damages, costs, attorney fees), and to anchor referral to the Attorney General's Bureau of Consumer Protection.

IV. Statement of Violations

Based on the call log in Section II, Respondent committed at least the following violations as to Claimant:

☐ Calls/texts to a cellular number using an ATDS without prior express consent — 47 U.S.C. § 227(b)(1)(A)
☐ Calls/texts to a cellular number using an artificial or prerecorded voice without consent — 47 U.S.C. § 227(b)(1)(A)
☐ Prerecorded calls to a residential line without consent — 47 U.S.C. § 227(b)(1)(B)
☐ Telemarketing without prior express written consent — 47 C.F.R. § 64.1200(a)(2)
☐ More than one call within 12 months by/on behalf of the same entity to a number on the National Do-Not-Call Registry — 47 U.S.C. § 227(c)(5); 47 C.F.R. § 64.1200(c)
☐ Calls continued more than 10 business days after an internal do-not-call request — 47 C.F.R. § 64.1200(d)(3)
☐ Unsolicited fax advertisement(s) — 47 U.S.C. § 227(b)(1)(C)
☐ Automatic dialing-and-announcing device used without required natural-voice disclosure — NRS 597.814(1)
☐ Call placed between 8 p.m. and 9 a.m. — NRS 597.814(2)(a)
☐ Call-back/second call after recipient terminated — NRS 597.814(2)(b)
☐ Deceptive trade practice (per NRS 597.818(4)) — NRS 598.0903–598.0999
☐ Calls to a Nevada Do-Not-Call number — NRS 228.500–228.640
☐ Other — [_________________________________]

V. Damages and Remedies Calculation

VI. Demand

Pursuant to the authorities above, Claimant demands that Respondent, within [____] days (no later than [__/__/____]):

1. Immediately cease and desist all telephone calls, text messages, and facsimile transmissions to Claimant's number(s) and direct all further communications to the undersigned;
2. Place Claimant's number(s) on Respondent's internal do-not-call list and confirm the same in writing;
3. Preserve all evidence identified in Section VII below;
4. Tender settlement of Claimant's claims in the amount of $[__________] in full and final resolution; and
5. Identify every entity, lead generator, dialer vendor, and client on whose behalf the calls/texts were placed.

If Respondent contends it had Claimant's prior express (written) consent, Respondent must produce a copy of that consent, including the date, method, and signed writing, within the response period.

VII. Litigation Hold / Evidence Preservation Notice

Respondent is on formal notice of its duty to preserve all documents, electronically stored information (ESI), and tangible evidence relevant to the claims, and must immediately suspend any routine destruction or overwriting as applied to:

☐ Outbound and inbound call detail records (CDRs) and dialer logs for Claimant's number(s)
☐ Records identifying the dialing equipment used and its capacity (ATDS analysis; random/sequential generator under NRS 597.812)
☐ Prerecorded/artificial-voice audio files and text/SMS content and templates
☐ Natural-voice disclosure scripts and records under NRS 597.814(1)
☐ Time-of-call logs relevant to the 8 p.m.–9 a.m. restriction (NRS 597.814(2)(a))
☐ Consent records, lead-source data, opt-in records, and any signed consent writings
☐ Internal, National, and Nevada Do-Not-Call scrubbing records and policies (31-day scrub logs)
☐ Internal do-not-call lists and records of honoring opt-out requests
☐ Caller-ID configuration and any spoofing/blocking records
☐ Contracts, agency agreements, and indemnity terms with dialer vendors and lead generators
☐ Backup tapes, cloud-backed copies, audit logs, version histories, and metadata for the foregoing

Spoliation may result in sanctions and adverse-inference instructions.

VIII. Response Deadline and Method

Respondent's written response must be received no later than [__/__/____].

Silence, a boilerplate denial, or continued calling will be treated as a refusal to resolve this matter and will result in the filing of a civil action under the TCPA (47 U.S.C. § 227(b)(3), (c)(5)) and Nevada law (NRS 597.812–597.818; NRS 598.0903–598.0999 via NRS 41.600), and may include a complaint to the Federal Communications Commission, the Federal Trade Commission, and the Nevada Attorney General's Bureau of Consumer Protection.

This letter is sent without prejudice to all of Claimant's rights and remedies, which are expressly reserved.

Signature Block

Respectfully submitted,

[________________________________]
[ATTORNEY NAME] (or Claimant pro se)
Nevada State Bar No. [__________] (if attorney)
[Firm Name]
[Street Address]
[City, NV ZIP]
Telephone: [____________]
Email: [____________]
Counsel for Claimant [CLAIMANT NAME] (if represented)

cc: ☐ Claimant
☐ File

Pre-Send Checklist

☐ Verified Respondent's legal name and registered agent via Nevada Secretary of State (https://esos.nv.gov/EntitySearch/OnlineEntitySearch)
☐ Confirmed each call/text/fax is documented with date, time, and calling number in the Section II log
☐ Flagged any call between 8 p.m. and 9 a.m. (NRS 597.814(2)(a)) and any call-back after termination (NRS 597.814(2)(b))
☐ Confirmed whether Claimant's number was on the National/Nevada Do-Not-Call Registry and the registration date
☐ Confirmed the federal claim is within the 4-year SOL (28 U.S.C. § 1658) and the state statutory claim within 4 years (NRS 11.190(2)(d))
☐ Confirmed the NRS 41.600 deceptive-trade-practice claim is keyed to the NRS 597.818(4) classification and the NRS 598.0915–598.0925 definitions
☐ Considered the NRS 598.0977 elderly/disabled enhancement, if applicable
☐ Preserved Claimant-side evidence (screenshots, voicemails, carrier records)
☐ Removed all <!-- --> comments
☐ Sent via certified mail, return receipt requested, and retained delivery confirmation
☐ Reviewed by Nevada-licensed counsel before transmission

Sources and References

• Telephone Consumer Protection Act, 47 U.S.C. § 227: https://www.law.cornell.edu/uscode/text/47/227
• FCC TCPA implementing rules, 47 C.F.R. § 64.1200: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• 28 U.S.C. § 1658 (4-year SOL): https://www.law.cornell.edu/uscode/text/28/1658
• NRS 597.812 (device for automatic dialing and announcing — defined): https://law.justia.com/codes/nevada/chapter-597/statute-597-812/
• NRS 597.814 (use prohibited; restrictions): https://law.justia.com/codes/nevada/chapter-597/statute-597-814/
• NRS 597.818 (penalty; civil penalty; deceptive trade practice): https://law.justia.com/codes/nevada/chapter-597/statute-597-818/
• NRS 228.500 et seq. (Attorney General; Do-Not-Call): https://www.leg.state.nv.us/nrs/nrs-228.html
• Nevada Deceptive Trade Practices Act, NRS 598.0903–598.0999: https://www.leg.state.nv.us/nrs/nrs-598.html
• NRS 41.600 (action by victim of consumer fraud / deceptive trade practice): https://www.leg.state.nv.us/nrs/nrs-041.html#NRS041Sec600
• Nevada Attorney General — Do Not Call Registry: https://ag.nv.gov/Hot_Topics/Nevada_Do_Not_Call_Registry/
• Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021) (ATDS definition)