reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0997 - Service of notices.

Service of any notice under NRS 598.0985 to 598.0995, inclusive, shall be made by personal service within the State of Nevada, but if such service cannot be obtained, substituted service therefor may be made in any of the following ways:
1. Personal service thereof outside the State of Nevada;
2. The mailing thereof by registered or certified mail to the last known place of business, residence or both, whether inside or outside the State of Nevada, of such person for whom the notice is intended, in which event such service shall be deemed complete upon the third day following the mailing of any notice required under this section;
3. As to any person other than a natural person, service shall be in the manner provided in the Nevada Rules of Civil Procedure for completing service of process on such a person, corporation, association or organization; or
4. Such service as any district court may direct in lieu of personal service within the State of Nevada.
(Added to NRS by 1973, 1488)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.100 - Definitions.

For the purposes of NRS 598.100 to 598.130, inclusive:
1. "Compensation" does not mean payment based on sales of goods or services to persons who are not participants in a pyramid promotional scheme or endless chain and who are not purchasing in order to participate in such a program.
2. "Promotes" means inducing one or more other persons to become a participant in a pyramid promotional scheme or endless chain.
3. A "pyramid promotional scheme" means any program or plan for the disposal or distribution of property and merchandise or property or merchandise by which a participant gives or pays a valuable consideration for the opportunity or chance to receive any compensation or thing of value in return for procuring or obtaining one or more additional persons to participate in the program, or for the opportunity to receive compensation of any kind when a person introduced to the program or plan by the participant procures or obtains a new participant in such a program.
(Added to NRS by 1971, 666; A 1985, 530)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.110 - Pyramid promotional schemes or endless chains are deceptive trade practices.

Every person who contrives, prepares, sets up, proposes, operates, advertises or promotes any pyramid promotional scheme or endless chain commits a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
(Added to NRS by 1971, 666; A 1993, 1957)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.120 - Contracts and agreements voidable by participant.

All contracts and agreements, existing or made in the future, which have any part of the consideration given for the right to participate in a pyramid promotional scheme or endless chain as defined in NRS 598.100 to 598.130, inclusive, are against public policy and voidable by a participant.
(Added to NRS by 1971, 666)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.130 - Injunctive relief; receivership.

In addition to any other relief available under NRS 598.100 to 598.130, inclusive:
1. The Attorney General or any district attorney may commence an action in the district court having jurisdiction of the area where a pyramid promotional scheme or endless chain is being prepared, operated or promoted to enjoin or obtain any other equitable relief to prevent the further preparation, operation, promotion or prosecution of such scheme or chain. In addition to the relief authorized by this section, the court may award reasonable attorneys’ fees and costs in any action brought under this section.
2. The Attorney General or any district attorney may petition the district court having jurisdiction of the area where a pyramid promotional scheme or endless chain is being prepared, operated or promoted to appoint receivers to secure and distribute in an equitable manner any assets received by any participant as a result of such scheme or program. Any such distribution must effect, to the extent possible, reimbursement for uncompensated payments made to become a participant in the scheme. In any such action, the court may, in addition to any other relief or reimbursement, award reasonable attorneys’ fees and costs.
(Added to NRS by 1971, 666; A 1993, 1957)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.1305 - Prohibited acts; jurisdiction of Attorney General; violation constitutes deceptive trade practice.

1. A person, in planning, conducting or executing a solicitation for or on behalf of a charitable organization or nonprofit corporation, shall not:
(a) Make any claim or representation concerning a contribution which directly, or by implication, has the capacity, tendency or effect of deceiving or misleading a person acting reasonably under the circumstances; or
(b) Omit any material fact deemed to be equivalent to a false, misleading or deceptive claim or representation if the omission, when considering what has been said or implied, has or would have the capacity, tendency or effect of deceiving or misleading a person acting reasonably under the circumstances.
2. Notwithstanding any other provisions of this chapter, the Attorney General has primary jurisdiction to investigate and prosecute a violation of this section.
3. Except as otherwise provided in NRS 41.480 and 41.485, a violation of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
4. As used in this section:
(a) "Charitable organization":
(1) Means any person who, directly or indirectly, solicits contributions and who:
(I) 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, 26 U.S.C. § 501(c)(3);
(II) Is or purports to be established for any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic or other eleemosynary purpose, or for the benefit of law enforcement, firefighting or other public safety personnel; or
(III) In any manner employs a charitable appeal as the basis of any solicitation or an appeal that suggests there is a charitable reason for a solicitation.
(2) Does not include an organization which is established for and serving bona fide religious purposes.
(b) "Charitable reason" means:
(1) Any reason described in section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3);
(2) Any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic or other eleemosynary reason; or
(3) Any objective that benefits law enforcement, firefighting or other public safety personnel.
(c) "Solicitation" means a request for a contribution to a charitable organization or nonprofit corporation that is made by any means, including, without limitation:
(1) Mail;
(2) Commercial carrier;
(3) Telephone, facsimile, electronic mail or other electronic medium or device; or
(4) A face-to-face meeting.
The term includes, without limitation, solicitations which are made from a location within this State and solicitations which are made from a location outside of this State to persons located in this State.
(Added to NRS by 1997, 3194; A 2013, 723; 2015, 2255; 2021, 229)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.131 - Definitions.

As used in NRS 598.131 to 598.139, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.1315 to 598.134, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1989, 2194)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.1315 - "Advertisement" defined.

"Advertisement" means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into any obligation or to acquire any title or interest in any property, and any acts related to the inducement, promotion or encouragement of a sale.
(Added to NRS by 1989, 2194)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.135 - Scope.

The provisions of NRS 598.136, 598.137 and 598.138 do not apply to:
1. A contest of skill that does not involve the sale or lease of any goods, property or service.
2. A person who is licensed as a seller or salesperson pursuant to chapter 599B of NRS, and is engaging in an activity within the scope of that license.
3. A sale or purchase, or solicitation or representation made in connection with the sale or purchase, of goods from a catalog or of books, recordings, videocassettes, periodicals or other similar goods offered by a seller or membership group which is regulated by the Federal Trade Commission if the seller or membership group sends goods, pursuant to an agreement, to a customer or member for his or her inspection and, if unsatisfied after inspecting the goods, the customer or member is entitled to receive a full refund of the purchase price of the goods if the goods are returned undamaged to the seller or membership group.
4. A solicitation, advertisement or promotion, or offer to extend credit, made by a commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association or savings bank, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender or insurer, or any other person engaged in the business of extending credit, who is regulated by an officer or agency of the State or of the Federal Government.
5. A person licensed pursuant to chapter 463 of NRS and his or her employees.
(Added to NRS by 1989, 2196; A 2009, 2717; 2011, 2652; 2013, 1054; 2015, 3653; 2017, 2254; 2019, 2501)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.137 - Representation that person has chance to receive prize.

1. A person shall not, in connection with the sale or lease or solicitation for sale or lease of any goods, property or service, represent that another person has a chance to receive a prize or item of value without clearly disclosing on whose behalf the contest or promotion is conducted and all conditions that a participant must meet.
2. A person who makes a representation described in subsection 1 must display, clearly and conspicuously, adjacent to the description of the item or prize to which it relates:
(a) The actual retail value of each item or prize;
(b) The number of each item or prize to be awarded; and
(c) The odds of receiving each item or prize, expressed in whole numbers.
3. It is unlawful to make a representation described in subsection 1 if it has already been determined which items will be given to the person to whom the representation is made.
4. The provisions of this section do not apply if:
(a) Participants are asked to complete and mail or deposit, at a local retail commercial establishment, an entry blank obtained locally or by mail, or to call in their entry by telephone; and
(b) Participants are not asked to listen to a sales presentation.
5. Advertisements with representations made pursuant to subsection 1 that are broadcast by radio or television may be broadcast without the required disclosures, conditions and restrictions but must clearly broadcast the availability of such disclosures, conditions and restrictions to an interested person, without any charge, upon request.
6. This section does not create liability for acts of a publisher, owner, agent or employee of a newspaper, periodical, radio station, television station, cable television system or other video service network or other advertising medium for the publication or dissemination of an advertisement or promotion pursuant to this section if the publisher, owner, agent or employee did not know that the advertisement or promotion violated the provisions of this section.
7. For the purposes of this section, the actual retail value of an item or prize is the price at which substantial sales of the item were made in an area within the last 90 days, or if no substantial sales were made, the cost of the item or prize to the person on whose behalf the contest or promotion is conducted.
(Added to NRS by 1989, 2195; A 2007, 1393)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.138 - Representation that person has been specially selected.

1. A person shall not represent that another person has been specially selected in connection with the sale or lease or solicitation for sale or lease of any goods, property or service unless:
(a) The selection process is designed to reach a particular type of person;
(b) The selection process uses a source other than a telephone directory, city directory, tax listing, voter registration record, purchased or leased mailing list or similar source of names; and
(c) No more than 10 percent of those considered are selected.
2. As used in this section, "specially selected" means the use of language that has a tendency to lead a reasonable person to believe he or she has been specially selected, including, but not limited to, "carefully selected" and "you have been chosen."
(Added to NRS by 1989, 2196)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.139 - Violation constitutes deceptive trade practice.

Any violation of NRS 598.136, 598.137 or 598.138, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
(Added to NRS by 1989, 2197)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.140 - Definitions.

As used in NRS 598.140 to 598.2801, inclusive, the words and terms defined in NRS 598.150 to 598.220, inclusive, have the meanings ascribed to them in NRS 598.150 to 598.220, inclusive, unless the context otherwise requires.
(Added to NRS by 1973, 808)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.150 - "Business day" defined.

"Business day" means any calendar day except Sunday, or the following business holidays: New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans Day, Thanksgiving Day and Christmas Day.
(Added to NRS by 1973, 808; A 1993, 1958)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.180 - "Door-to-door sale" defined.

"Door-to-door sale" means any sale, purchase, lease or rental of any consumer goods or services with a purchase price of $25 or more which is the result of any door-to-door solicitation or personal solicitation by the seller or his or her representative, whether at the specific invitation of the buyer or not, and which is made at a place other than the place of business of the seller. The term "door-to-door sale" does not include a transaction:
1. Made pursuant to a preexisting retail charge agreement or pursuant to prior negotiations between the parties at or from a retail business establishment having a fixed permanent location where the goods are exhibited or the services are offered for sale on a continuing basis.
2. In which the consumer is accorded the right of rescission by the provisions of the Consumer Credit Protection Act (15 U.S.C. § 1635) or regulations issued pursuant thereto.
3. In which the buyer has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency of the buyer, and the buyer furnishes the seller with a separate dated and signed personal statement in the buyer’s handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within 3 business days.
4. Conducted and consummated entirely by mail or telephone, and without any other contact between the buyer and the seller or its representative prior to delivery of the goods or performance of the service.
5. In which the buyer has initiated the contact and specifically requested the seller to visit his or her home for the purpose of repairing or performing maintenance upon the buyer’s personal property. If in the course of the visit, the seller sells the buyer the right to receive additional services and goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the sale of those additional goods or services would not fall within this exclusion.
6. Pertaining to the sale or rental of real property, to the sale of insurance or to the sale of securities or commodities by a broker-dealer registered with the Securities Exchange Commission.
7. Pertaining to the sale or rental of vehicles as defined in NRS 482.135.
8. Pertaining to the sale or rental of mobile homes.
9. Pertaining to the provision of facilities and services furnished by utilities under the jurisdiction of the Public Utilities Commission of Nevada.
(Added to NRS by 1973, 808; A 1997, 2017)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.230 - Right of buyer to rescind contract of sale; notice of rescission.

Any buyer who enters into or signs a door-to-door sale contract in which the total purchase price of the goods or services is $25 or more may rescind such contract by giving written notice to the seller either by delivering, mailing or telegraphing of such notice no later than midnight of the third business day after the date such door-to-door sale contract was entered into or signed. The notice shall be addressed to the seller at the seller’s place of business and shall contain words indicating the buyer’s intent to rescind the transaction previously entered into.
(Added to NRS by 1973, 809)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.240 - Seller to furnish buyer copy of receipt or contract; required contents.

A seller must furnish every buyer with a fully completed receipt or copy of any door-to-door sale contract at the time a sale is executed. Such writing shall be in the same language as that primarily used in the oral sales presentation, show the date of the transaction and contain the name and address of the seller, and in immediate proximity to the space reserved in the contract for the signature of the buyer or on the front page of the receipt if a contract is not used and in bold type, a statement in substantially the following form:
You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for explanation of this right.
(Added to NRS by 1973, 809)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.250 - Seller to furnish buyer form for notice of cancellation.

A seller must furnish every buyer with a fully completed form in duplicate, captioned "NOTICE OF CANCELLATION," which must be attached to the contract or receipt and easily detachable, and which must contain in boldface type the following information and statements in the same language as that used in the contract:
NOTICE OF CANCELLATION
(Enter date of transaction)
Date
You may cancel this transaction, without any penalty or obligation, except as provided by law, within 3 business days from the above date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.
If you cancel, you must make available to the seller at reasonable times at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you must in the alternative comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.
If the seller does not either provide instructions for the return of the goods to the seller or pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to ....................................................................................................
(Name of seller)
at ......................................................................................................................................
(Address of seller’s place of business)
not later than midnight of ............................................................................................
I hereby cancel this transaction.
..........................................
(Date)
.....................................................................
(Buyer’s signature)
(Added to NRS by 1973, 809; A 1981, 126)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.260 - Penalty for cancellation permitted; limitations.

NRS 598.140 to 598.2801, inclusive, do not prevent any seller from assessing a penalty for the cancellation of a door-to-door sale contract if the penalty does not exceed 5 percent of the total purchase price, $15, or any down payment paid by the buyer at the time any door-to-door sale contract is entered into or executed, whichever is the lesser amount.
(Added to NRS by 1973, 810)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.280 - Unlawful acts.

It is unlawful for any seller:
1. To fail to inform any buyer orally, at the time the buyer signs any door-to-door sale contract or purchases any consumer goods or services as a result of a door-to-door sale, of the buyer’s right to cancel the contract or to misrepresent in any manner said buyer’s right to cancel;
2. To fail or refuse to honor any valid notice of cancellation by a buyer;
3. To fail or refuse to return, within 10 business days after receiving notice of cancellation, any goods or property traded in, in substantially as good condition as when received;
4. To fail or refuse to refund all payments made under the contract or sale within 10 business days after receiving notice of cancellation;
5. To fail to notify a buyer within 10 business days after the receipt of a buyer’s notice of cancellation whether the seller intends to repossess or to abandon any shipped or delivered goods; or
6. To negotiate, transfer, sell or assign any note or other evidence of indebtedness to a finance company or other third party prior to midnight of the 5th business day following the day the contract was signed or the goods or services were purchased.
(Added to NRS by 1973, 810)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.2801 - Violation constitutes deceptive trade practice.

Any violation of NRS 598.240, 598.250 or 598.280 constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
(Added to NRS by 1993, 1957)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.397 - Definitions.

As used in NRS 598.397 to 598.3984, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.3971 to 598.3977, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 4348; A 2019, 1134)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.3972 - "Entertainment facility" defined.

"Entertainment facility" means an indoor or outdoor area, including, without limitation, an arena, auditorium, museum, racetrack or stadium in which an athletic contest or live entertainment event is staged in this State and for which a ticket is required for admission.
(Added to NRS by 2017, 4348)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.3974 - "Live entertainment event" defined.

"Live entertainment event" means any activity provided for pleasure, enjoyment, recreation, relaxation, diversion or other similar purpose by a person who is physically present when providing that activity to a group of patrons at an entertainment facility, including, without limitation, any lecture, exhibition of art, performance of comedy, dance, music, theater or any other entertainment event or show. The term includes, without limitation, any game, contest or event in which persons compete against each other through electronic, digital or virtual means.
(Added to NRS by 2017, 4348)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.3975 - "Resale" and "resell" defined.

"Resale" or "resell" means an offer or completed transaction for the sale of a ticket to an athletic contest or a live entertainment event which occurs after the initial purchase of the ticket. The term includes, without limitation, the sale of a ticket made in person or by telephone, Internet website or any other means of communication or exchange.
(Added to NRS by 2017, 4348)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.39765 - "Rights holder" defined.

"Rights holder":
1. Means any person or entity who has the initial ownership rights to sell a ticket to an athletic contest or live entertainment event for which tickets for entry by the public are required.
2. Does not include a primary ticket provider, unless the primary ticket provider is also the rights holder.
(Added to NRS by 2019, 1133)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.3977 - "Ticket" defined.

"Ticket" means a certificate, document, token, voucher or other evidence, whether physical or electronic, which indicates that the bearer or other person who is entitled to possession of the ticket has the right or privilege of admission to an athletic contest or live entertainment event, to occupy or have access to a particular area or seat within an entertainment facility or to acquire such a right or privilege.
(Added to NRS by 2017, 4348)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.3978 - Use of trademarked or copyrighted material by reseller or secondary ticket exchange; display of notice identifying website belonging to reseller or secondary ticket exchange; restriction on substantially similar websites.

1. The Internet website of a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange must not display a trademarked or copyrighted URL, title, designation, image or mark or other symbol without the written consent of the trademark or copyright holder.
2. The Internet website of a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange must not use any combination of text, images, web designs or Internet addresses, or any combination thereof, which is substantially similar to the Internet website of an entertainment facility, athletic contest or live entertainment event without permission.
3. The Internet website of a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange must prominently display a notice identifying the Internet website as belonging to a reseller, a secondary ticket exchange or an affiliate of a reseller or secondary ticket exchange and must not, without contractual authorization from the rights holder, advertise or represent that the reseller, secondary ticket exchange or affiliate of the reseller or secondary ticket exchange is a rights holder or primary ticket provider. The notice required by this subsection must be displayed within the top 20 percent of each page of the Internet website in a font size that is not smaller than the font size used for the majority of text on that page.
4. This section does not prohibit the use of text containing the name of the venue, artist, athletic contest or live entertainment event if such use is necessary to describe the athletic contest, the live entertainment event or the location of the athletic contest or live entertainment event.
5. As used in this section:
(a) "Substantially similar" means that a reasonable person would believe that the Internet website is that of the entertainment facility, athletic contest or live entertainment event.
(b) "URL" means the Uniform Resource Locator associated with an Internet website.
(Added to NRS by 2017, 4348; A 2019, 1134)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.3979 - Prohibited acts relating to resale of tickets.

1. In addition to any other restrictions imposed by the rights holder, a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange shall not:
(a) Resell more than one copy of the same ticket to an athletic contest or live entertainment event.
(b) Employ another person directly or indirectly to wait in line to purchase tickets for the purpose of reselling the tickets if the practice is prohibited by the sponsor, organizer or promoter of the athletic contest or live entertainment event or if the venue at which the athletic contest or live entertainment event will occur has posted a policy prohibiting the practice.
(c) Resell a ticket without first informing the purchaser of the location in the entertainment facility of the seat or, if there is no assigned seat, the general admission area to which the ticket corresponds, including, without limitation, the row and section number of the ticket, as applicable.
(d) Resell a ticket or advertise a ticket for resale, unless:
(1) The ticket is in the possession or constructive possession of the reseller; or
(2) The reseller has a written contract with the rights holder to obtain the ticket.
2. A primary ticket provider, a reseller, a secondary ticket exchange or any affiliate of a primary ticket provider, reseller or secondary ticket exchange shall not resell a ticket before the ticket has been made available to the public, including, without limitation, through a presale, fan club presale or any other promotional presale event, by the rights holder without first obtaining permission from the rights holder to do so.
(Added to NRS by 2017, 4349; A 2019, 1134)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.39795 - Resale of ticket without first disclosing total amount to be charged prohibited.

A reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange shall not resell a ticket, in person or remotely, without first disclosing to the purchaser the total amount that the purchaser will be charged for the ticket, including any fees which represent a portion of the total amount to be charged.
(Added to NRS by 2019, 1133)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.398 - Restrictions on use of Internet robots.

1. A person shall not use an Internet robot to:
(a) Circumvent any portion of the process for purchasing a ticket on an Internet website, including, without limitation, any security or identity validation measures or an access control system; or
(b) Disguise the identity of a ticket purchaser for the purpose of purchasing a number of tickets for admission to an athletic contest or live entertainment event which exceeds the maximum number of tickets allowed for purchase by a person.
2. A person shall not resell or offer for resale a ticket obtained in violation of subsection 1 if the person:
(a) Participated in or had the ability to control the conduct committed in violation of subsection 1; or
(b) Knew that the ticket was acquired in violation of subsection 1.
(Added to NRS by 2017, 4349; A 2019, 1135)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.3981 - Establishment of hotline and Internet website to receive complaints; requirements for form used to receive complaints.

1. The Bureau of Consumer Protection in the Office of the Attorney General shall establish a toll-free statewide hotline and an Internet website by which a person may file a complaint relating to a suspected violation of NRS 598.397 to 598.3984, inclusive, and obtain information and directions regarding the preferred method for filing such a complaint.
2. Any form made available by the Bureau of Consumer Protection for receiving complaints relating to a suspected violation of NRS 598.397 to 598.3984, inclusive, must be designed specifically for receiving such complaints.
(Added to NRS by 2017, 4350; A 2019, 1135)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.3982 - Civil action; venue; damages; certain natural persons immune.

1. A person injured by a violation of any provision of NRS 598.397 to 598.3984, inclusive, may bring a civil action against a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange who committed the violation in a district court in any county:
(a) In which the cause therefor accrued;
(b) In which the defendant resides or may be found;
(c) In which the plaintiff resides; or
(d) In which an athletic contest or live entertainment event to which the ticket pertains occurred or will occur, if the violation relates to the sale, purchase or advertisement of a ticket.
2. If the person bringing the action is the prevailing party, the court shall award that person:
(a) Declaratory and injunctive relief.
(b) For the first violation, $1,000 or actual damages, whichever is greater.
(c) For the second violation, $2,500, treble the amount of actual damages and reasonable attorney’s fees and costs, if any.
(d) For the third and all subsequent violations, $5,000, treble the amount of actual damages, reasonable attorney’s fees and costs, if any, and punitive damages, which are subject to the provisions of NRS 42.005.
3. An action may not be brought pursuant to this section against a natural person employed by a reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange.
(Added to NRS by 2017, 4349; A 2019, 1135)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.3983 - Criminal penalty.

Unless a greater penalty is provided in NRS 598.0999 or 598.3984, a person who knowingly violates the provisions of NRS 598.397 to 598.3984, inclusive, is guilty of a misdemeanor.
(Added to NRS by 2017, 4349; A 2019, 1136)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.3984 - Criminal penalty for violations relating to certain government affiliated facilities.

1. A person who willfully and knowingly violates the provisions of NRS 598.397 to 598.3984, inclusive, relating to the sale of a ticket to an entertainment facility which is operated by a governmental entity or a public-private partnership is guilty of a gross misdemeanor.
2. As used in this section:
(a) "Governmental entity" means:
(1) The government of this State;
(2) An agency of the government of this State;
(3) A political subdivision of this State; and
(4) An agency of a political subdivision of this State.
(b) "Public-private partnership" means a contract entered into by a person and a governmental entity for the support of an entertainment facility.
(Added to NRS by 2017, 4349; A 2019, 1136)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.405 - Definitions.

As used in NRS 598.405 to 598.525, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.416 to 598.465, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 979; A 2003, 1826; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; R temp. 2015, 3653; R temp. 2017, 2254; R temp. 2019, 2501)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.416 - "Advertise" and "advertisement" defined.

"Advertise" and "advertisement" mean the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to take a sightseeing tour.
(Added to NRS by 2001, 980; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; R temp. 2015, 3653; R temp. 2017, 2254; R temp. 2019, 2501)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.425 - "Commissioner" defined.

"Commissioner" means the Commissioner of Consumer Affairs.
(Added to NRS by 2001, 980; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; R temp. 2015, 3653; R temp. 2017, 2254; R temp. 2019, 2501; A 2021, 2744)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.445 - "Sightseeing tour" defined.

"Sightseeing tour" means an excursion that:
1. Has a duration of 24 hours or less;
2. Travels to one or more points of interest; and
3. Is conducted using one or more means of motorized conveyance, including, without limitation, an airplane, bus, helicopter, tour boat or touring raft.
(Added to NRS by 2001, 980; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; R temp. 2015, 3653; R temp. 2017, 2254; R temp. 2019, 2501)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.455 - "Tour broker" defined.

"Tour broker" means a person who, in this state, advertises a sightseeing tour for a tour operator and collects money from customers for a sightseeing tour.
(Added to NRS by 2001, 980; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; R temp. 2015, 3653; R temp. 2017, 2254; R temp. 2019, 2501)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.465 - "Tour operator" defined.

"Tour operator" means a person who, in this state, engages in the business of providing a sightseeing tour to customers.
(Added to NRS by 2001, 980; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; R temp. 2015, 3653; R temp. 2017, 2254; R temp. 2019, 2501)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.471 - Tour broker and tour operator to register, pay fee and, if applicable, deposit security before advertising services or conducting business in this State; certificate of registration; renewal of certificate.

1. Before advertising its services or conducting business in this State, a tour broker or tour operator must register with the Unit by:
(a) Submitting to the Unit an application for registration on a form prescribed by the Unit;
(b) Paying to the Unit a fee of $25; and
(c) If the tour broker or tour operator is subject to the provisions of NRS 598.495, depositing the security required by NRS 598.495 with the Unit.
2. The Unit shall issue a certificate of registration to the tour broker or tour operator upon receipt of:
(a) The security in the proper form as required by NRS 598.495, if the tour broker or tour operator is subject to the provisions of NRS 598.495; and
(b) The payment of the fee required by subsection 1.
3. A certificate of registration:
(a) Is not transferable or assignable; and
(b) Expires 1 year after it is issued.
4. A tour broker or tour operator must renew a certificate of registration issued pursuant to this section before the certificate expires by:
(a) Submitting to the Unit an application for the renewal of the certificate on a form prescribed by the Unit; and
(b) Paying to the Unit a fee of $25.
(Added to NRS by 2003, 1824; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; R temp. 2015, 3653; R temp. 2017, 2254; R temp. 2019, 2501)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.475 - Tour broker and tour operator required to disclose total price in advertisement and prohibited from charging higher amount; notice required on billing invoice; tour broker and tour operator required to honor valid coupon; violation constitutes deceptive trade practice.

1. In each advertisement for a sightseeing tour, a tour broker and a tour operator shall disclose in a clear and conspicuous manner the total price a customer is required to pay to take the sightseeing tour. Unless the inclusion of a fee or tax in the total price would violate a specific statute of this state or a federal statute or regulation, the total price must include, without limitation, all fees, taxes and other charges that a customer for a sightseeing tour is required to pay to take the sightseeing tour. If a fee or tax cannot be included in the total price because its inclusion would violate a specific statute of this state or a federal statute or regulation, the tour broker or tour operator, as applicable, shall disclose in a clear and conspicuous manner that the fee or tax is not included in the total price and must be paid in addition to the total price.
2. A tour broker and a tour operator shall not charge a customer for a sightseeing tour an amount that exceeds the sum of:
(a) The total price for the sightseeing tour which is disclosed in an advertisement for the sightseeing tour; and
(b) Any fee or tax that is not included in the total price for the sightseeing tour because its inclusion would violate a specific statute of this state or a federal statute or regulation.
3. On a billing invoice or receipt given to a customer for a sightseeing tour, a tour broker and a tour operator shall provide a clear and conspicuous notice which:
(a) Sets forth the provisions of subsection 2;
(b) States that complaints concerning the charges for a sightseeing tour may be directed to the Unit; and
(c) Provides a telephone number for the Unit.
4. If a tour operator issues or causes to be issued a coupon or other indicia of discount or special promotion, the tour operator shall honor the coupon or other indicia in good faith unless:
(a) The coupon or other indicia sets forth a date of expiration that is clearly legible; and
(b) The date of expiration has passed.
5. The failure of a tour broker or tour operator to comply with a provision of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
(Added to NRS by 2001, 980; A 2009, 2718; 2011, 2652; 2013, 1054; 2015, 3653; 2017, 2254; 2019, 2501)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.485 - Applicability of provisions limited to tour brokers and tour operators operating in certain counties.

The provisions of NRS 598.495, 598.506 and 598.515 do not apply to a tour broker whose business is confined to advertising, or a tour operator whose business is confined to advertising and conducting, sightseeing tours that originate in a county other than a county whose population is 700,000 or more.
(Added to NRS by 2001, 981; R temp. 2009, 2732; A 2011, 1299; R temp. 2011, 2652; R temp. 2013, 1054; R temp. 2015, 3653; R temp. 2017, 2254; R temp. 2019, 2501)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.495 - Security required to be deposited by tour broker and tour operator: Form; term; amount; records; rejection for nonconformance; change in form; inadequate amount.

1. Each tour broker and tour operator shall deposit with the Unit:
(a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this state;
(b) An irrevocable letter of credit for which the tour broker or tour operator is the obligor, issued by a bank whose deposits are federally insured; or
(c) A certificate of deposit in a financial institution which is doing business in this state and which is federally insured or insured by a private insurer approved pursuant to NRS 672.755. The certificate of deposit may be withdrawn only on the order of the Commissioner, except that the interest may accrue to the tour broker or tour operator.
2. The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.
3. The amount of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be $10,000.
4. If the tour broker or tour operator deposits a bond, the tour broker or tour operator shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the Unit during business hours. The tour broker or tour operator shall notify the Unit not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the Unit.
5. The Commissioner may reject any bond, letter of credit or certificate of deposit that fails to conform to the requirements of this chapter.
6. A tour broker or tour operator may change the form of security that he or she has deposited with the Unit. If the tour broker or tour operator changes the form of the security, the Commissioner may retain for not more than 1 year any portion of the security previously deposited by the tour broker or tour operator as security for claims arising during the time the previous security was in effect.
7. If the amount of the bond, letter of credit or certificate of deposit falls below the amount required by this section, the tour broker or tour operator shall, within 30 days, increase the amount of the bond, letter of credit or certificate of deposit to the amount required by this section.
(Added to NRS by 2001, 981; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; R temp. 2015, 3653; R temp. 2017, 2254; R temp. 2019, 2501)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.506 - Rights and remedies of injured consumers; resolution by Unit of claims against security; regulations.

1. The security required to be deposited by a tour broker or tour operator pursuant to NRS 598.495 must be held in trust for consumers injured by:
(a) The bankruptcy of the tour broker or tour operator; or
(b) The tour broker’s or tour operator’s breach of any agreement entered into in his or her capacity as a tour broker or tour operator.
2. A consumer so injured may bring and maintain an action in any court of competent jurisdiction to recover against the security.
3. The Unit may bring an action for interpleader against all claimants upon the security. If the Unit brings such an action, the Unit shall publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county in which the tour broker or tour operator has its principal place of business. The Unit may deduct its costs of the action, including, without limitation, the costs of the publication of the notice, from the amount of the security. All claims against the security have equal priority. If the security is insufficient to pay all the claims in full, the claims must be paid pro rata. If the tour broker or tour operator has posted a bond with the Unit, the surety is then relieved of all liability under the bond.
4. The Unit may, in lieu of bringing an action for interpleader pursuant to subsection 3, conduct a hearing to determine the distribution of the security to claimants. The Unit shall adopt regulations to provide for adequate notice and the conduct of the hearing. If the tour broker or tour operator has posted a bond with the Unit, distribution pursuant to this subsection relieves the surety of all liability under the bond.
(Added to NRS by 2001, 981; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; R temp. 2015, 3653; R temp. 2017, 2254; R temp. 2019, 2501)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.515 - Release of security if tour broker or tour operator ceases to operate.

1. If no claims have been filed against the security deposited with the Unit pursuant to NRS 598.495 within 6 months after the tour broker or tour operator ceases to operate, the Commissioner shall release the security to the tour broker or tour operator and shall not audit any claims filed against the security thereafter by consumers.
2. If one or more claims have been filed against the security within 6 months after the tour broker or tour operator ceases to operate, the proceeds must not be released to the tour broker or tour operator or distributed to any consumer earlier than 1 year after the tour broker or tour operator ceases to operate.
3. For the purposes of this section, the Commissioner shall determine the date on which a tour broker or tour operator ceases to operate.
(Added to NRS by 2001, 982; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; R temp. 2015, 3653; R temp. 2017, 2254; R temp. 2019, 2501)