reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.800 - Transferability of right; commercial use upon death; rights of successors in interest; registration of claim; fee.

1. The right of publicity established by NRS 597.790 is freely transferable, in whole or in part, by contract, license, gift, conveyance, assignment, devise or testamentary trust by a person or his or her successor in interest.
2. If a deceased person has not transferred his or her rights as provided by subsection 1, and he or she has no surviving beneficiary or successor in interest upon his or her death, the commercial use of his or her name, voice, signature, photograph or likeness does not require consent.
3. A successor in interest or a licensee of a deceased person may file in the Office of the Secretary of State, on a form prescribed by the Secretary of State and upon the payment of a filing fee of $25, a verified application for registration of his or her claim. The application must include:
(a) The legal and professional name of the deceased person;
(b) The date of death of the deceased person;
(c) The name and address of the claimant;
(d) The basis of the claim; and
(e) A description of the rights claimed.
4. A successor in interest or a licensee of a deceased person may not assert any right against any unauthorized commercial use of the deceased person’s name, voice, signature, photograph or likeness that begins before the filing of an application to register his or her claim.
5. A person, firm or corporation seeking to use the name, voice, signature, photograph or likeness of a deceased person for commercial purposes must first make a reasonable effort, in good faith, to discover the identity of any person who qualifies as a successor in interest to the deceased person. A person claiming to be a successor in interest to a deceased person must, within 6 months after the date he or she becomes aware or should reasonably have become aware of an unauthorized commercial use of the deceased person’s name, voice, signature, photograph or likeness, register a claim with the Secretary of State pursuant to subsection 3. Failure to register shall be deemed a waiver of any right of publicity.
6. The Secretary of State may microfilm or reproduce by other techniques any document filed pursuant to this section and thereafter destroy the original of the document. The microfilm or other reproduction is admissible in any court of record. The Secretary of State may destroy the microfilm or other reproduction 50 years after the death of the person whose identity is the subject of the claim.
7. A claim registered pursuant to this section is a public record.
(Added to NRS by 1989, 1609)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.810 - Remedies for unauthorized commercial use; liability of owner or employee of medium used for advertising.

1. Any commercial use of the name, voice, signature, photograph or likeness of another by a person, firm or corporation without first having obtained written consent for the use is subject to:
(a) Injunctive relief to prevent or restrain the unauthorized use; and
(b) An action at law for any injuries sustained by reason of the unauthorized use. In such a suit, the plaintiff may recover:
(1) Actual damages, but not less than $750; and
(2) Exemplary or punitive damages, if the trier of fact finds that the defendant knowingly made use of the name, voice, signature, photograph or likeness of another person without the consent required by NRS 597.790.
2. No owner or employee of any medium used for advertising is liable pursuant to this section for any unauthorized commercial use of a person’s name, voice, signature, photograph or likeness unless it is established that the owner or employee had actual knowledge of the unauthorized use.
(Added to NRS by 1989, 1609)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.812 - "Device for automatic dialing and announcing" defined.

As used in NRS 597.812 to 597.818, inclusive, "device for automatic dialing and announcing" means any equipment that:
1. Incorporates a storage capability of telephone numbers to be called and utilizes a random or sequential number generator producing telephone numbers to be called; and
2. Is used exclusively, working alone or in conjunction with other equipment, to disseminate a prerecorded message to the telephone number called to solicit a person at the telephone number called to purchase goods or services.
(Added to NRS by 1999, 3331)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.814 - Use prohibited; exceptions; restrictions.

1. Except as otherwise provided in subsection 3 and NRS 597.816, a person shall not use a device for automatic dialing and announcing to disseminate a prerecorded message in a telephone call unless, before the message is disseminated, a recorded or unrecorded natural voice:
(a) Informs the person who answers the telephone call of the nature of the call, including, without limitation, the fact that a device for automatic dialing and announcing will be used to disseminate the message if the person who answers the call remains on the line; and
(b) Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, being represented by the caller.
2. 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.
3. This section does not prohibit the use of a device for automatic dialing and announcing to dial the number of and play a recorded message to a person with whom the person using the device or another person affiliated with the person using the device has a preexisting business relationship.
(Added to NRS by 1989, 79; A 1999, 3332; 2003, 2874)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.816 - Additional exceptions to prohibition of use.

The provisions of NRS 597.814 do not prohibit the use of a device for automatic dialing and announcing by any person exclusively on behalf of:
1. A school or school district to contact the parents or guardians of a pupil regarding the attendance of the pupil or regarding other business of the school or school district.
2. A nonprofit organization.
3. A video service provider that provides cable television or other video services to contact its customers regarding a previously arranged installation of such services at the premises of the customer.
4. A public utility to contact its customers regarding a previously arranged installation of utility services at the premises of the customer.
5. A facility that processes or stores petroleum, volatile petroleum products, natural gas, liquefied petroleum gas, combustible chemicals, explosives, high-level radioactive waste or other dangerous substances to advise local residents, public service agencies and news media of an actual or potential life-threatening emergency.
6. A state or local governmental agency, or a private entity operating under contract with and at the direction of such an agency, to provide:
(a) Information relating to public safety;
(b) Information relating to a police or fire emergency; or
(c) A warning of an impending or threatening emergency.
7. A candidate for public office, committee advocating the passage or defeat of a ballot question, political party, committee sponsored by a political party or a committee for political action.
(Added to NRS by 1999, 3331; A 2007, 1392)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.818 - Penalty.

1. A person who violates any provision of NRS 597.814 is guilty of:
(a) For a first offense, a misdemeanor.
(b) For a second offense, a gross misdemeanor.
(c) For a third and any subsequent offense, a category E felony and shall be punished as provided in NRS 193.130.
2. If a person is found guilty or guilty but mentally ill of, or has pleaded guilty, guilty but mentally ill or nolo contendere to, violating any provision of NRS 597.814, his or her telephone service to which a device for automatic dialing and announcing has been connected must be suspended for a period determined by the court.
3. In addition to any other penalty, 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.
4. 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.
(Added to NRS by 1999, 3332; A 2007, 1467; 2021, 1342)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.8191 - Definitions.

As used in NRS 597.8191 to 597.8198, inclusive, unless the context otherwise requires, the words and terms defined in NRS 597.8192 and 597.8193 have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 218)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.8192 - "Service member" defined.

"Service member" means a person who is stationed in or a resident of this State and who is:
1. A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States who is on active duty;
2. A member of the Merchant Marine, the Commissioned Corps of the Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States; or
3. A member of the National Guard.
(Added to NRS by 2017, 218)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.8195 - Reinstatement of service.

1. A service member or the spouse of a service member who terminates or suspends a contract for the provision of a service pursuant to NRS 597.8194 may, upon giving written notice to the service provider within 90 days after termination of the service member’s relocation or deployment, as applicable, reinstate the provision of services:
(a) If the service member was relocated or deployed for not more than 12 consecutive months, on the same terms and conditions as originally agreed upon with the service provider before the termination or suspension.
(b) If the service member was relocated or deployed for more than 12 consecutive months, on the same terms and conditions that were offered by the service provider to any new customer at the lowest discounted or promotional rate within the 12-month period immediately preceding the termination of the service member’s relocation or deployment.
2. Upon receipt of the written notice of reinstatement, the service provider must resume the provision of services or, if the services are no longer available, provide substantially similar services within a reasonable time, not exceeding 30 days, from the date of receipt of the written notice of reinstatement.
(Added to NRS by 2017, 219)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.8196 - Charges solely for termination, suspension or reinstatement prohibited; period of nonliability for payment.

A service member or the spouse of a service member who terminates, suspends or reinstates a contract for the provision of a service pursuant to NRS 597.8191 to 597.8198, inclusive:
1. Must not be charged a penalty, fee, loss of deposit or any other additional cost because of the termination, suspension or reinstatement; and
2. Is not liable for payment for any services after the effective date of the termination or suspension, and until the effective date of a reinstatement of services pursuant to NRS 597.8195, if applicable.
(Added to NRS by 2017, 220)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.8197 - Action for recovery of damages or for declaratory or equitable relief; attorney’s fees and costs.

1. Any person injured by a violation of NRS 597.8191 to 597.8198, inclusive, may bring an action for recovery of damages or for declaratory or equitable relief.
2. In addition to the relief authorized by this section, the court may award reasonable attorney’s fees and costs to a plaintiff that prevails under this section.
(Added to NRS by 2017, 220)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.8198 - Enforcement by Attorney General; remedies.

If the Attorney General has reason to believe that a person has violated, is violating or is about to violate any of the provisions of NRS 597.8191 to 597.8198, inclusive, the Attorney General may institute an appropriate legal proceeding against the person. The district court, upon a showing that the person has violated, is violating or is about to violate any of the provisions of NRS 597.8191 to 597.8198, inclusive, may grant any of the following remedies, as appropriate:
1. Issue a temporary or permanent injunction.
2. Impose a civil penalty not to exceed:
(a) For a first violation, $25,000; and
(b) For any subsequent violation, $50,000.
3. Issue a declaratory judgment.
4. Order restitution for the service member or the spouse of the service member, as applicable.
5. Order the payment of attorney’s fees and costs.
6. Order such other relief as the court deems just.
(Added to NRS by 2017, 220)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.820 - Profiteering in articles on which there is sales tax; penalty.

1. No person, dealer, firm, agency, partnership, corporation, service station, garage, or business concern of any kind, wholesale or retail, shall add to the selling price of any article of merchandise, commodity, service or utility, motor part or accessory, tire, gasoline or other motor fuel or lubricating liquid, or any article whatsoever upon which there is or hereafter may be a sales tax, either federal or state, when sold, offered or exposed for sale, trade or barter in this State, more than the actual amount of such sales tax in the smallest unit under which any of such articles is offered for sale or sold; provided, that where such sales tax in case of units of any such merchandise or articles amounts to less than 1 cent, 1 cent and no more may be added to the price of the unit when sold.
2. A violation of the provisions of subsection 1 shall be a misdemeanor.
[Part 1:175:1933; 1931 NCL § 6821] + [Part 2:175:1933; 1931 NCL § 6821.01]—(NRS A 1967, 620)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.830 - Unlawful additions to entertainment or amusement tax; penalty.

1. If a federal or state tax is imposed on an admission to or on a ticket sold for a public entertainment or amusement of any kind in this state, it shall be unlawful to add to the price of the admission or ticket more than the actual amount of the tax.
2. A violation of the provisions of subsection 1 shall be a misdemeanor.
[Part 1:175:1933; 1931 NCL § 6821] + [Part 2:175:1933; 1931 NCL § 6821.01]—(NRS A 1967, 620)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.840 - Unlawful retention of deposit for longer than agreed time; penalty.

1. A person shall not hold a deposit for the purchase of an item longer than the time specified in a contract between the purchaser and the seller if the purchaser is entitled to the return of the deposit.
2. A person who violates the provisions of subsection 1 shall be punished by a fine of not more than the amount of the deposit multiplied by the number of working days the deposit was retained after return was due.
(Added to NRS by 1985, 2255)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.850 - Shoplifting: Merchant may request person on premises to keep merchandise in full view; detention of suspect; immunity of merchant from liability; display of notice.

1. As used in this section and in NRS 597.860 and 597.870:
(a) "Merchandise" means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.
(b) "Merchant" means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchant’s premises.
(c) "Premises" means any establishment or part thereof wherein merchandise is displayed, held or offered for sale.
2. Any merchant may request any person on the merchant’s premises to place or keep in full view any merchandise the person may have removed, or which the merchant has reason to believe the person may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant is criminally or civilly liable on account of having made such a request.
3. Any merchant who has reason to believe that merchandise has been wrongfully taken by a person and that the merchant can recover the merchandise by taking the person into custody and detaining the person may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the person into custody and detain the person, on the premises, in a reasonable manner and for a reasonable length of time. A merchant is presumed to have reason to believe that merchandise has been wrongfully taken by a person and that the merchant can recover the merchandise by taking the person into custody and detaining the person if the merchant observed the person concealing merchandise while on the premises. Such taking into custody and detention by a merchant does not render the merchant criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless the taking into custody and detention are unreasonable under all the circumstances.
4. No merchant is entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on the merchant’s premises a notice in boldface type clearly legible and in substantially the following form:
Any merchant or his or her agent who has reason to believe that merchandise has been wrongfully taken by a person may detain such person on the premises of the merchant for the purpose of recovering the property or notifying a peace officer. An adult or the parents or legal guardian of a minor, who steals merchandise is civilly liable for its value and additional damages. NRS 597.850, 597.860 and 597.870.
(Added to NRS by 1959, 407; A 1961, 357; 1963, 504; 1969, 1528; 1973, 376, 1476; 1985, 468; 1993, 1798; 1997, 22; 1999, 96; 2005, 1093)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.860 - Shoplifting: Civil liability of adult who steals merchandise from or damages property on merchant’s premises.

1. An adult who steals merchandise from, or damages property on, a merchant’s premises is civilly liable for the retail value of the merchandise or the fair market value of the other property, plus damages of not less than $100 nor more than $250, costs of suit and reasonable attorney’s fees. An action may be brought even if there has been no criminal conviction for the theft or damage.
2. An action under this section may be brought as a small claim in a Justice Court if the total amount sought does not exceed the statutory limit for such a claim.
(Added to NRS by 1973, 376; A 1985, 796; 1993, 77)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.870 - Shoplifting: Civil liability of parent or guardian of minor who steals merchandise from or damages property on merchant’s premises.

1. The parent or legal guardian, as the case may be, of a minor who steals merchandise from, or damages property on, a merchant’s premises is civilly liable for:
(a) The retail value of the merchandise; and
(b) The fair market value of the damaged property,
plus damages of not less than $100 nor more than $250, costs of suit and reasonable attorney’s fees. An action may be brought even if there has been no criminal conviction for the theft or damage. Recovery under this section may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor.
2. An action under this section may be brought as a small claim in a Justice Court if the total amount sought does not exceed the statutory limit for such a claim.
(Added to NRS by 1973, 376; A 1985, 796; 1993, 78)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.880 - Sale and advertising of master keys for motor vehicles limited; penalty.

1. As used in this section, "master motor vehicle key set" means a key or keys that may be used to operate more than one motor vehicle.
2. A person shall not sell a master motor vehicle key set to any person except automobile dealers, automobile repairers, locksmiths and peace officers of the State of Nevada.
3. A person shall not advertise the sale of a master motor vehicle key set except in trade journals of automobile dealers, automobile repairers and locksmiths.
4. Any person who violates the provisions of subsection 2 or 3 is guilty of a misdemeanor.
(Added to NRS by 1967, 142; A 1985, 347)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.890 - Advertising that climate of facility for storage of personal property is controlled: Requirements; penalty; civil liability.

1. The owner of a facility for the storage of personal property or a person acting on his or her behalf shall not advertise that the facility is "climate controlled" unless the advertisement specifies the range of the minimum and maximum temperature and humidity within which the facility is maintained.
2. If an owner or a person acting on his or her behalf fails to indicate the range of temperature and humidity of a facility in any advertisement that refers to it as being "climate controlled" or fails to maintain the temperature and humidity of the facility within the advertised range, the owner is guilty of a misdemeanor and is liable to the occupant for any damages that are caused to the occupant’s personal property as a result of extremes in temperature or humidity, notwithstanding any contrary provision in the rental agreement.
3. As used in this section, the terms "facility," "occupant," "owner," "personal property" and "rental agreement" have the meanings ascribed to them respectively in NRS 108.4733 to 108.4748, inclusive.
(Added to NRS by 1991, 2164; A 2011, 1831)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.900 - Sale of imitation Indian arts and crafts not clearly labeled as imitation prohibited.

1. As used in this section:
(a) "Imitation Indian arts or crafts articles" means those made by machine, or made either wholly or partially out of synthetic or artificial materials, or articles which are not made by Indian labor or workmanship.
(b) "Indian" means a person who is enrolled or who is a lineal descendant of one enrolled upon an enrollment listing of the Bureau of Indian Affairs, or upon the enrollment listing of a recognized Indian tribe, domiciled in the United States.
2. A person shall not distribute, sell or offer for sale in this state any imitation Indian art or craft articles unless the articles are at all times clearly and legibly designated as imitation.
3. Only those articles bearing a registered trademark or label of authentic Indian labor or workmanship may be deemed authentic Indian arts or crafts articles.
4. Any person violating the provisions of this section is guilty of a misdemeanor.
(Added to NRS by 1967, 765; A 1985, 347)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.915 - Informal merchants: Prohibited acts; penalty; evidence of legal acquisition of new product.

1. An informal merchant shall not offer for sale or knowingly allow the sale of any new product that he or she knows or reasonably should have known is stolen, has been recalled by the manufacturer, has been adulterated, has not been maintained at the proper temperature, has an expiration date that has passed, has been discarded by the manufacturer or a retailer, is an inferior product if he or she does not clearly indicate such inferiority, or has any other defect that makes the product ineffective for the use for which it is purchased or that makes the product below the quality expected by the consumer.
2. An informal merchant who violates the provisions of subsection 1 shall be punished:
(a) If the sale of the product does not cause substantial bodily harm to another person, for a gross misdemeanor.
(b) If the sale of the product causes substantial bodily harm to another person, for a category C felony as provided in NRS 193.130.
3. Upon request of a peace officer, an informal merchant shall provide reliable evidence of the legal acquisition of a new product that the merchant is offering for sale. If it is determined that the product was stolen and the informal merchant fails to provide such evidence, an inference is created that the informal merchant knew or should have known that the product was stolen.
4. As used in this section:
(a) "Informal market" means:
(1) A gathering at which:
(I) Two or more persons offer personal property for sale or exchange;
(II) A fee is charged for the sale or exchange of personal property; or
(III) A fee is charged for admission to the area in which personal property is offered for sale or exchange; or
(2) A place at which personal property is offered or displayed for sale or exchange on more than six occasions in a period of 12 months,
whether held in a building, under cover or in the open air.
(b) "Informal merchant" means a person who does not have an established retail store in the county and who transports an inventory of goods to an informal market and displays the goods for sale, offers them for sale at retail or sells them at retail.
(c) "New product" means any tangible good which has never been used or which is in its original, unopened package or container.
(d) "Stolen" means taken unlawfully from or without the permission of the owner, whether or not the person who took the item is or has been prosecuted or convicted for the taking of the item.
(Added to NRS by 1999, 2543)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.935 - Acceptance of permanent resident card to identify customer.

1. If a business accepts a driver’s license or identification card issued by the Department of Motor Vehicles for the purpose of identifying a customer, the business shall not refuse to accept a permanent resident card for the same purpose.
2. As used in this section, "permanent resident card" means a Permanent Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.
(Added to NRS by 2017, 87)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.937 - Acceptance of tribal identification card to identify customer.

1. If a business accepts a driver’s license or identification card issued by the Department of Motor Vehicles for the purpose of identifying a customer, the business shall not refuse to accept a tribal identification card for the same purpose unless the business reasonably determines that a federal law or regulation requires the use of a different form of identification.
2. As used in this section, "tribal identification card" means an identification card issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006.
(Added to NRS by 2017, 1628, 2277)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.947 - Restrictions on printing expiration date or account number of credit card or debit card on receipt: Restrictions applicable to manufacturer or supplier of device; penalty; enforcement.

1. A manufacturer or supplier of a cash register or other machine or device that prints receipts for transactions in which a credit card or debit card is used shall not provide, lease or sell for the transaction of business any equipment that does not allow a business to comply with the provisions of subsection 1 of NRS 597.945.
2. The Attorney General or the district attorney may bring an action in any court of competent jurisdiction in the name of the State of Nevada against any person to restrain and prevent any violation of this section. The court may issue an injunction for those purposes without proof of actual damage sustained by any person.
3. A person who violates any order or injunction issued pursuant to this section is guilty of a gross misdemeanor.
4. As used in this section:
(a) "Credit card" has the meaning ascribed to it in NRS 597.945.
(b) "Debit card" has the meaning ascribed to it in NRS 597.945.
(c) "Supplier" means a person engaged in the business of providing, leasing or selling cash registers or other machines or devices that are used to print receipts in the transaction of business.
(Added to NRS by 2009, 577)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.950 - Unsolicited merchandise deemed unconditional gift to recipient; liability of sender; exceptions.

1. Any person who receives unsolicited goods, wares or merchandise offered for sale, but not actually ordered or requested by him or her orally or in writing, is entitled to consider those goods, wares or merchandise an unconditional gift, and may use or dispose of them as he or she sees fit without obligation on his or her part to the sender.
2. The sender of unsolicited goods, wares or merchandise must pay actual and reasonable expenses incurred by the recipient:
(a) In returning the goods, wares or merchandise to the sender; or
(b) In resisting attempts by the sender to collect payment for the goods, wares or merchandise.
3. The sender of unsolicited goods, wares or merchandise is liable to the recipient for any impairment of the credit of the recipient caused by attempts by the sender to collect payment for the goods, wares or merchandise.
4. The provisions of subsections 1, 2 and 3 do not apply to the following:
(a) Where delivery of goods, wares or merchandise is by mistake in response to an order to the sender for other goods, wares or merchandise.
(b) Where delivery is made by mistake to someone other than a person who ordered goods, wares or merchandise from the sender.
(c) Where the sender has sent a substitute or substitutes in response to an order for certain goods, wares or merchandise.
(d) Where someone has ordered a gift for another from the sender, and the goods, wares or merchandise were sent directly to the recipient of the gift.
(e) Where delivery of goods, wares or merchandise is made by mistake to a member of a subscription-type plan (such as a book club or record club) operated by the sender.
(Added to NRS by 1971, 383; A 1979, 188)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.960 - Collection of fee for dishonored check accepted as payment for goods or services.

1. A seller, or his or her agent, may collect a fee of not more than $25 for each check which was accepted by the seller as payment for goods or services and, upon presentment to the drawee, was not honored because the drawer stopped payment on the check, the drawer does not have an account with the drawee or the drawer does not have sufficient funds in his or her account or credit with the drawee to cover the amount of the check.
2. As used in this section:
(a) "Check" includes a draft or other negotiable order for the payment of money on demand which is drawn on a bank or other financial institution.
(b) "Drawee" means the person ordered in the check to make payment.
(c) "Drawer" means the person who signs or is identified in the check as the person ordering payment.
(Added to NRS by 1995, 342)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.980 - Sale of novelty lighter prohibited; applicability; penalty; enforcement.

1. Except as otherwise provided in subsection 2, a person may not sell at retail, offer for retail sale or distribute for retail sale or promotion in this State a novelty lighter.
2. This section does not apply to the transportation of novelty lighters through this State or the storage of novelty lighters in a warehouse or distribution center in this State that is closed to the public for purposes of retail sales.
3. The Attorney General or any district attorney, on the request of the State Fire Marshal or on his or her own motion, may bring an action in any court of competent jurisdiction in the name of the State of Nevada to enjoin a violation of this section.
4. A person who violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than $500. No sentence of incarceration may be imposed.
5. As used in this section, "novelty lighter":
(a) Means a mechanical or electrical device which is typically used for lighting cigarettes, cigars or pipes that may operate on any fuel, including, without limitation, butane, isobutene or liquid fuel, and which:
(1) Is designed to resemble and reasonably does resemble a cartoon character, toy, gun, watch, musical instrument, vehicle, animal, food, beverage or other similar article that does not resemble a standard disposable lighter; or
(2) Plays musical notes, has flashing lights or has more than one button or function; and
(b) Does not include:
(1) A lighter manufactured before January 1, 1980;
(2) A lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame;
(3) Any mechanical or electrical device primarily used to ignite fuel for fireplaces or for charcoal or gas grills; or
(4) Standard disposable lighters that are printed or decorated, including, without limitation, through the use of a heat shrinkable sleeve, with logos, labels, decals or artwork.
(Added to NRS by 2009, 1415)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.985 - Knowing manufacture, sale or distribution of certain products containing Bisphenol A prohibited.

A person shall not knowingly manufacture, sell or distribute in this State any bottle or cup which contains intentionally added Bisphenol A if the bottle or cup is designed or intended to be filled with any liquid or food intended primarily for consumption directly from the bottle or cup by a child who is less than 4 years of age.
(Added to NRS by 2013, 759)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.990 - Knowing manufacture, sale or distribution of baby food or infant formula in container containing Bisphenol A prohibited.

1. A person shall not knowingly manufacture, sell or distribute in this State any baby food or infant formula stored in a container which contains intentionally added Bisphenol A.
2. As used in this section:
(a) "Baby food" means any prepared solid food consisting of a soft paste or is otherwise easily chewed and is intended primarily for consumption by a child who is less than 4 years of age and is commercially available.
(b) "Container" means any receptacle, including, without limitation, a box, can, jar, or a lid, that comes in direct physical contact with baby food or infant formula.
(c) "Infant formula" means any liquid or powder that purports or is represented to be for special dietary use solely as a food for infants by nature of its simulation of human milk or its suitability as a complete or partial substitute for human milk.
(Added to NRS by 2013, 759)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.995 - Limitations on agreements which include provision requiring arbitration of disputes arising between parties.

1. Except as otherwise provided in subsection 3, an agreement which includes a provision which requires a person to submit to arbitration any dispute arising between the parties to the agreement must include specific authorization for the provision which indicates that the person has affirmatively agreed to the provision.
2. If an agreement includes a provision which requires a person to submit to arbitration any dispute arising between the parties to the agreement and the agreement fails to include the specific authorization required pursuant to subsection 1, the provision is void and unenforceable.
3. The provisions of this section do not apply to an agreement that is a collective bargaining agreement. As used in this subsection, "collective bargaining" has the meaning ascribed to it in NRS 288.032.
4. The provisions of this section do not apply to a provision in a will or trust instrument that requires the arbitration of disputes which is enforceable pursuant to NRS 164.930.
(Added to NRS by 2013, 568; A 2019, 1874, 3744)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.997 - Prohibition on certain offers to lease living animal or goods intended for personal, family or household use; federal Truth in Lending Act applicable to retail installment contract for sale of living animal or goods intended for personal, family or household use; failure to comply constitutes deceptive trade practice; violation constitutes consumer fraud.

1. A person shall not offer to lease any living animal or goods intended for personal, family or household use, including, without limitation, pets, tires, batteries and hearing aids, if the living animal or good is expected to have not more than a de minimis residual financial value at the end of the term of the lease or contract.
2. Any retail installment contract for the sale of any living animal or goods intended for personal, family or household use, including, without limitation, pets, tires, batteries and hearing aids, is subject to the provisions of the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., and any regulations adopted pursuant thereto.
3. The failure of a person to comply with this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
4. A violation of this section constitutes consumer fraud for the purposes of NRS 41.600.
5. The provisions of this section do not apply to any lease or contract on furniture or household electronics.
6. As used in this section:
(a) "Goods" has the meaning ascribed to it in NRS 104.2105.
(b) "Household electronics" means electronic devices, personal effects and property of an electronic nature used or to be used in a dwelling.
(c) "Residual financial value" means the amount the living animal or good is worth at the end of the term of the lease or contract and includes, without limitation, the salvage value of the living animal or good.
(d) "Retail installment contract" has the meaning ascribed to it in NRS 97.105.
(e) "Salvage value" means the amount expected to be obtained when the living animal or good is disposed of at the end of its useful life.
(Added to NRS by 2017, 1735)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.998 - Prohibited acts relating to sale, preparation, distribution or advertisement of kratom products or products containing kratom.

1. A person shall not knowingly sell or offer to sell any material, compound, mixture or preparation containing a kratom product to a child under the age of 18 years.
2. A person shall not knowingly prepare, distribute, advertise, sell or offer to sell a kratom product that is adulterated with a substance that affects the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer. A person has not violated the provisions of this subsection if he or she can show by a preponderance of evidence that he or she relied in good faith upon the representations of a manufacturer, processor, packer or distributor of the kratom product.
3. A person shall not sell a kratom product that does not have a label that clearly sets forth the ingredients and directions for the safe and effective use of the kratom product.
4. A person who violates any provision of this section is subject to a civil penalty of not more than $1,000 for each violation.
5. As used in this section, "kratom product" means any product or ingredient containing:
(a) Any part of the leaf of the
Mitragyna Speciosa
plant if the plant contains the alkaloid mitragynine or 7-hydroxymitragynine; or
(b) A synthetic material that contains the alkaloid mitragynine or 7-hydroxymitragynine,
regardless of whether the product or ingredient is labeled or sold for human consumption.
(Added to NRS by 2019, 2658)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0903 - Definitions.

As used in NRS 598.0903 to 598.0999, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.0905 to 598.0947, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1973, 1482; A 1983, 881; 1985, 1480, 2256; 1989, 649; 1993, 1979; 1995, 2174; 1997, 158; 1999, 3334; 2001, 660; 2003, 587; 2005, 1227, 1249; 2007, 738; 2009, 1188; 2013, 1031; 2017, 1531, 4350; 2021, 1345, 1448)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0905 - "Advertisement" defined.

"Advertisement" means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into any obligation to lease or to acquire any title or interest in any property.
(Added to NRS by 1973, 1482; A 1999, 3280)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0907 - "Certification mark" defined.

"Certification mark" means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.
(Added to NRS by 1973, 1482)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0913 - "Commissioner" defined.

"Commissioner" means the Commissioner of Consumer Affairs.
(Added to NRS by 1973, 1483; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; A 2015, 3652, 3653)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0915 - "Deceptive trade practice" defined.

A person engages in a "deceptive trade practice" if, in the course of his or her business or occupation, he or she:
1. Knowingly passes off goods or services for sale or lease as those of another person.
2. Knowingly makes a false representation as to the source, sponsorship, approval or certification of goods or services for sale or lease.
3. Knowingly makes a false representation as to affiliation, connection, association with or certification by another person.
4. Uses deceptive representations or designations of geographic origin in connection with goods or services for sale or lease.
5. Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations or quantities of goods or services for sale or lease or a false representation as to the sponsorship, approval, status, affiliation or connection of a person therewith.
6. Represents that goods for sale or lease are original or new if he or she knows or should know that they are deteriorated, altered, reconditioned, reclaimed, used or secondhand.
7. Represents that goods or services for sale or lease are of a particular standard, quality or grade, or that such goods are of a particular style or model, if he or she knows or should know that they are of another standard, quality, grade, style or model.
8. Disparages the goods, services or business of another person by false or misleading representation of fact.
9. Advertises goods or services with intent not to sell or lease them as advertised.
10. Advertises goods or services for sale or lease with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.
11. Advertises goods or services as being available free of charge with intent to require payment of undisclosed costs as a condition of receiving the goods or services.
12. Advertises under the guise of obtaining sales personnel when the purpose is to first sell or lease goods or services to the sales personnel applicant.
13. Makes false or misleading statements of fact concerning the price of goods or services for sale or lease, or the reasons for, existence of or amounts of price reductions.
14. Fraudulently alters any contract, written estimate of repair, written statement of charges or other document in connection with the sale or lease of goods or services.
15. Knowingly makes any other false representation in a transaction.
16. Knowingly falsifies an application for credit relating to a retail installment transaction, as defined in NRS 97.115.
(Added to NRS by 1973, 1483; A 1983, 881; 1985, 2256; 1995, 1094; 1997, 1375; 1999, 3280; 2001, 489, 2149)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0916 - "Deceptive trade practice" defined.

A person engages in a "deceptive trade practice" when, in the course of his or her business or occupation, he or she disseminates an unsolicited prerecorded message to solicit a person to purchase goods or services by telephone and he or she does not have a preexisting business relationship with the person being called unless a recorded or unrecorded natural voice:
1. Informs the person who answers the telephone call of the nature of the call; and
2. Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, represented by the caller.
(Added to NRS by 1999, 3332)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0917 - "Deceptive trade practice" defined.

A person engages in a "deceptive trade practice" when in the course of his or her business or occupation he or she employs "bait and switch" advertising, which consists of an offer to sell or lease goods or services which the seller or lessor in truth may not intend or desire to sell or lease, accompanied by one or more of the following practices:
1. Refusal to show the goods advertised.
2. Disparagement in any material respect of the advertised goods or services or the terms of sale or lease.
3. Requiring other sales or other undisclosed conditions to be met before selling or leasing the advertised goods or services.
4. Refusal to take orders for the sale or lease of goods or services advertised for delivery within a reasonable time.
5. Showing or demonstrating defective goods for sale or lease which are unusable or impractical for the purposes set forth in the advertisement.
6. Accepting a deposit for the goods or services for sale or lease and subsequently switching the purchase order or lease to higher priced goods or services.
7. Tendering a lease of goods advertised for sale or a sale of goods advertised for lease or tendering terms of sale or lease less favorable than the terms advertised.
(Added to NRS by 1985, 2255; A 1993, 1959; 1999, 3281)