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2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.130 - Issuance and display of registration certificate.

1. The Unit shall issue to each registrant a registration certificate in such form and size as is prescribed by the Unit and, in the case of a seller, shall issue a registration certificate for each location at which the seller proposes to do business. Each registration certificate must show the name and address of the registrant and, in the case of a salesperson’s registration certificate, must set forth the name of the seller with whom the salesperson will be associated.
2. Each registrant shall prominently display his or her registration certificate at the location where he or she does business.
(Added to NRS by 1989, 1385; A 1993, 2108; 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 599B - Solicitation by Telephone › NRS 599B.140 - Renewal of registration.

1. Each person registered pursuant to the provisions of this chapter must renew his or her registration annually by:
(a) Paying the fee for registration;
(b) Submitting to the Unit the application required by NRS 599B.090 or 599B.120, whichever applies; and
(c) If the person is a seller, submitting to the Unit:
(1) A copy of the work card obtained by:
(I) The seller pursuant to subsection 1 of NRS 599B.115; and
(II) Each principal officer, director, trustee, shareholder, owner, partner and employee of the seller, and each salesperson associated with the seller who is not an employee of the seller, pursuant to subsection 2 of NRS 599B.115; and
(2) If applicable, a statement listing each person who, pursuant to subsection 5 of NRS 599B.115, is not required to obtain a work card.
2. Registration expires on the anniversary of the issuance of the registration. A registrant who wishes to renew his or her registration must do so on or before the date his or her registration expires.
3. For the purposes of NRS 599B.080, a person who fails to renew his or her registration within the time required by this section is not registered pursuant to this chapter.
4. Except as otherwise provided in NRS 599B.160, if any material change in the information submitted for registration occurs before the date for renewal, a registrant shall submit that information to the Unit within 10 days after the registrant obtains knowledge of the change.
(Added to NRS by 1989, 1385; A 1993, 2108; 1997, 3208; 1999, 1906; 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 599B - Solicitation by Telephone › NRS 599B.141 - Application for renewal of registration required to include information relating to state business license; renewal of registration prohibited in certain circumstances.

1. In addition to any other requirements set forth in this chapter, an applicant for the renewal of registration as a seller must indicate in the application submitted to the Unit whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. A registration as a seller may not be renewed by the Unit if:
(a) The applicant fails to submit the information required by subsection 1; or
(b) The State Controller has informed the Unit pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or
(3) Demonstrated that the debt is not valid.
3. As used in this section:
(a) "Agency" has the meaning ascribed to it in NRS 353C.020.
(b) "Debt" has the meaning ascribed to it in NRS 353C.040.
(Added to NRS by 2013, 2741)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.143 - Suspension of registration certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. If the Unit receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been registered by the Unit as a salesperson of a seller, the Unit shall deem the person’s registration to be suspended at the end of the 30th day after the date on which the court order was issued unless the Unit receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been registered stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Unit shall reinstate a registration certificate as a salesperson for a seller that has been suspended by a district court pursuant to NRS 425.540 if the Unit receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose registration was suspended stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2103; 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 599B - Solicitation by Telephone › NRS 599B.145 - Payment and refund of fees for registration.

1. The fees for registration required by NRS 599B.090, 599B.120 and 599B.140 must be paid in cash or by certified check or money order.
2. A fee for registration must not be refunded, except that all or part of the fee may be refunded if the Commissioner rejects an application for registration because the application is incomplete.
(Added to NRS by 1993, 2096; 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 599B - Solicitation by Telephone › NRS 599B.150 - Association of salesperson with more than one seller prohibited; seller to cooperate in investigations.

1. No salesperson may be associated with or employed by more than one seller at the same time.
2. A seller shall cooperate fully with the Commissioner in any investigation made by the Commissioner concerning an alleged violation of the provisions of this chapter by a salesperson.
(Added to NRS by 1989, 1385; A 2009, 2727; 2011, 2652; 2013, 1054; 2015, 3653; 2017, 2254; 2019, 2501)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.160 - Submission to Unit of change in material or presentation used in solicitation.

If any change is made to any script, outline, presentation or sales or donation information or literature used by a registrant in connection with any solicitation, the new or revised material must be submitted by the registrant to the Unit before such material is used.
(Added to NRS by 1989, 1385; A 1993, 2108; 1995, 939; 2009, 2727; 2011, 2652; 2013, 1054; 2015, 3653; 2017, 2254; 2019, 2501)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.170 - Required disclosures by salesperson; restrictions on representations regarding premiums.

1. During any solicitation or sales presentation made by him or her, or in any correspondence written in connection with a sale, a salesperson shall:
(a) Identify himself or herself by stating his or her true name;
(b) Identify the seller by whom he or she is employed; and
(c) State the purpose of his or her call.
2. During any solicitation or sales presentation made by him or her, or in any correspondence written in connection with a registrant, a registrant shall disclose to a consumer:
(a) Any charge, including the amount associated with the use of any premium being offered;
(b) Any material restriction, requirement, condition, limitation or exception which is associated with the use of the premium; and
(c) Any charge connected with the sale of any goods or services.
3. A registrant shall not characterize a premium as a prize unless the consumer may receive the premium free of charge and without making any purchase.
4. A registrant shall inform each consumer of the time within which any premium will be delivered.
5. A registrant shall not make any representation of the number of premiums to be awarded in a sales promotion unless the representation accurately reflects the actual number of premiums that will be awarded.
(Added to NRS by 1989, 1385; A 1993, 2108; 1995, 939; 2009, 2727; 2011, 2652; 2013, 1054; 2015, 3653; 2017, 2254; 2019, 2501)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.180 - Representation that consumer is or may be eligible to receive gift, premium, bonus or prize.

If a seller expressly or impliedly represents to any consumer, directly or through a salesperson, that the consumer is or may be eligible to receive any gift, premium, bonus or prize, however denominated, the seller shall:
1. Submit to the Unit a statement setting forth, for each item mentioned:
(a) A description of the item.
(b) The value or worth of the item and the basis for the valuation.
(c) All terms and conditions a consumer must satisfy in order to receive the item. The statement must be accompanied by a copy of the written statement of terms and conditions provided to consumers pursuant to subsection 3.
(d) If they are ascertainable, the odds, for a given consumer, of receiving the item.
(e) If a consumer is to receive fewer than all the items described by the seller:
(1) The manner in which the seller decides which item a given consumer is to receive.
(2) If they are ascertainable, the odds, for a given consumer, of receiving each item described.
(3) The name and address of each person who has, during the preceding 12 months or any portion thereof in which the seller has done business, received the item having the greatest value and the item with the smallest odds of being received.
2. Provide the following information to the consumer at the time of the solicitation:
(a) The complete address of the location and the telephone number from which the consumer is being called and, if different, the complete address of the principal location at which the seller does business.
(b) The information required by paragraphs (a) and (c) of subsection 1.
(c) If the seller elects to inform the consumer of the value or worth of the item, the information must be identical to that submitted pursuant to paragraph (b) of subsection 1, in exactly the form submitted.
(d) If the consumer is to receive fewer than all the items described by the seller, the information required by subparagraph (1) of paragraph (e) of subsection 1.
3. Advise the consumer, at the time of the solicitation, that he or she may obtain, without cost, a written statement of the terms and conditions he or she must satisfy in order to receive the item. If the consumer so requests, the seller shall send him or her such a statement, by mail, without cost to the consumer.
(Added to NRS by 1989, 1385; A 1995, 940; 2009, 2728; 2011, 2652; 2013, 1054; 2015, 3653; 2017, 2254; 2019, 2501)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.185 - Required disclosures when registrant solicits sale of investments.

If a registrant solicits the sale of investments or opportunities for investment, he or she shall, during the oral sales presentation and in writing, inform the prospective consumer:
1. Of the manner in which the price of the offered item is determined;
2. Whether the registrant or his or her employer receives any financial advantage other than an agent’s or brokerage fee; and
3. Of the amount of any agent’s or brokerage fee.
(Added to NRS by 1993, 2098; A 1995, 941; 2009, 2729; 2011, 2652; 2013, 1054; 2015, 3653; 2017, 2254; 2019, 2501)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.187 - Requirements when registrant uses chance promotion.

1. A registrant shall not use a chance promotion unless each consumer is entitled to participate in the promotion without charge or payment of any kind.
2. A registrant shall, before describing any item offered in a chance promotion, inform each consumer that he or she may participate in the promotion without any obligation to purchase any goods or services.
3. If a consumer specifically requests the information and the odds are ascertainable, the registrant shall orally disclose the odds of receiving each item offered in the chance promotion. If such a request is made but the odds are not ascertainable, the registrant shall disclose the manner in which the items offered in the promotion are awarded.
4. A registrant shall not require or request the payment of any money as a condition of obtaining any premium offered in a chance promotion.
5. A registrant shall not require a person to perform any action or to supply any information to participate in a chance promotion, except that the registrant may require the person to submit a written request sent by first-class mail. A registrant may not require the person to supply any information other than his or her name, address and a list of the premiums available in the chance promotion.
6. If a premium is offered in a chance promotion, the registrant shall provide any such premium to each person who does not purchase goods or services from the registrant upon the same terms, including time of delivery, as are provided to the persons who do purchase goods or services from the registrant.
7. If requested, a registrant shall inform each person who does not purchase goods or services from the registrant of the manner in which the person can participate in the chance promotion.
8. Any registrant who uses a chance promotion shall:
(a) Furnish to the Unit information establishing the financial ability of the registrant to award all premiums to be given in the promotion.
(b) Award all premiums included in the promotion to bona fide recipients within 12 months after the promotion begins.
(c) Deliver the premiums to bona fide recipients within a reasonable time.
(Added to NRS by 1993, 2098; A 1995, 941; 2009, 2729; 2011, 2652; 2013, 1054; 2015, 3653; 2017, 2254; 2019, 2501)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.190 - Issuance of refund or replacement of goods or services; notice to consumer.

1. Except as otherwise provided in subsection 3, a person who purchases goods or services or makes a donation pursuant to a solicitation governed by this chapter must be given a refund or replacement, at his or her option, if:
(a) The goods or services are defective, are not as represented or if any item described pursuant to NRS 599B.180 is not received as promised; and
(b) He or she returns the unused goods, if any, or makes a written request for the refund or replacement within 30 days after he or she receives:
(1) The goods or services; or
(2) Any item described pursuant to NRS 599B.180,
whichever is received later. A return or request is timely if shipment is made or the request is postmarked, properly addressed and postage prepaid, within the time provided by this paragraph.
2. A registrant who receives a written request for a refund or replacement shall not require prior authorization for a return of goods and shall give a refund or replacement within 14 days after receipt of the request.
3. If a consumer of goods returns only a portion of the goods, the refund or replacement required by subsection 1 may be prorated accordingly.
4. The refund or replacement required by subsection 1 must be given by the seller, regardless of whether payment for the goods or services is made to the seller or some other person.
5. Except for any proration permitted by subsection 3, a registrant shall not impose any charge in connection with a return of goods or a request for a refund or replacement.
6. If a registrant receives payment by credit card, he or she may issue a refund in the form of a credit to the credit card account of the consumer in lieu of a cash refund.
7. Within 3 days after any purchase of goods or services or upon delivery of the goods or services, whichever is later, or within 3 days after receiving a donation, the seller shall provide the consumer with a written summary of the provisions of this section. The summary must:
(a) Be made in a form prescribed by the Unit.
(b) Include the address to which returned goods or a request for refund may be sent.
(c) Be accompanied by a statement containing the information required by paragraph (e) of subsection 1 of NRS 599B.180, if the provisions of that section apply.
(d) If the provisions of paragraph (c) of subsection 2 of NRS 599B.180 apply, be accompanied by a statement concerning the number of persons who have, during the 12 months preceding the solicitation or any portion thereof in which the seller has done business, received the item having the greatest value and the item with the smallest odds of being received.
A summary is timely if it is postmarked, properly addressed and postage prepaid, within the time provided by this subsection.
(Added to NRS by 1989, 1386; A 1993, 2109; 1995, 942; 2009, 2729; 2011, 2652; 2013, 1054; 2015, 3653; 2017, 2254; 2019, 2501)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.195 - Delivery of goods or services must be accompanied by form.

Each delivery of goods or services by a registrant must be accompanied by the form prescribed by the Unit pursuant to subsection 7 of NRS 599B.190.
(Added to NRS by 1993, 2098; 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 599B - Solicitation by Telephone › NRS 599B.197 - Recovery service: Performance required before charging or receiving money from consumer.

A seller or salesperson engaged in a recovery service shall not charge or receive any money or other valuable consideration from a consumer before full and complete performance of the service which the seller or salesperson has agreed to perform for or on behalf of the consumer.
(Added to NRS by 1995, 931)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.200 - Disclosure of purchaser prohibited; exceptions.

A salesperson or seller shall not disclose the name or address of any person who purchases goods or services pursuant to a solicitation governed by this chapter. Nothing in this section prohibits the disclosure of this information to:
1. Any person employed by or associated with the seller;
2. The Commissioner or any employee of the Unit; or
3. Any law enforcement officer or agency that requires the information for investigative purposes.
(Added to NRS by 1989, 1387; A 1993, 2110; 2009, 2730; 2011, 2652; 2013, 1054; 2015, 3653; 2017, 2254; 2019, 2501)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.210 - Appointment of Secretary of State as agent for service of process; procedure for and effect of service; fee.

1. Every registrant, other than a registrant incorporated in this state, shall file with the Secretary of State an irrevocable consent appointing the Secretary of State as his or her agent to receive service of any lawful process in any action or proceeding against him or her arising pursuant to this chapter. Any lawful process against the registrant served upon the Secretary of State as provided in subsection 2 has the same force and validity as if served upon the registrant personally.
2. Service of process authorized by subsection 1 must be made by filing with the Secretary of State:
(a) Two copies of the process. The copies must include a specific citation to the provisions of this section. The Secretary of State may refuse to accept such service if the proper citation is not included in each copy.
(b) A fee of $10.
The Secretary of State shall forthwith forward one copy of the process by registered or certified mail prepaid to the registrant, or in the case of a registrant organized under the laws of a foreign government, to the United States manager or last appointed United States general agent of the registrant, giving the day and the hour of the service.
3. Service of process is not complete until the copy thereof has been mailed and received by the registrant, and the receipt of the addressee is prima facie evidence of the completion of the service.
4. If service of summons is made upon the Secretary of State in accordance with the provisions of this section, the time within which the registrant is required to appear is extended 10 days.
(Added to NRS by 1989, 1389; A 1991, 1317; 1993, 2110; 1997, 475; 2009, 2731; 2011, 2652; 2013, 1054; 2015, 3653; 2017, 2254; 2019, 2501)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.213 - Jurisdiction and authority of Attorney General.

1. The Attorney General has primary jurisdiction to investigate and prosecute violations of this chapter and any fraud involving solicitation by telephone.
2. When acting pursuant to this section, the Attorney General may commence his or her investigation and file a criminal action without leave of court, and he or she has exclusive charge of the conduct of the prosecution.
(Added to NRS by 1995, 931)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.215 - Action by Attorney General.

1. The Attorney General may conduct an investigation to determine whether a person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto.
2. If the Attorney General has reason to believe that any person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto, the Attorney General may:
(a) Issue a subpoena to require the testimony of any person;
(b) Issue a subpoena to require the production of any documents; or
(c) Administer an oath or affirmation to any person providing testimony pursuant to a subpoena.
3. A subpoena issued pursuant to subsection 2 must be served in the manner provided in the Nevada Rules of Civil Procedure.
(Added to NRS by 1993, 2099)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.225 - Attorney General may apply for equitable relief.

If any person fails to cooperate with an investigation conducted by the Attorney General or to obey a subpoena issued by the Attorney General pursuant to NRS 599B.215, the Attorney General may apply to any district court for equitable relief. The court may:
1. Order the person to testify or to produce the requested documents pursuant to the subpoena; and
2. Grant other relief necessary to compel compliance by the person.
(Added to NRS by 1993, 2099)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.235 - Attorney General may accept assurance of discontinuance of violation; proof of violation of assurance is prima facie evidence of violation of applicable law in civil action.

1. The Attorney General may accept an assurance of discontinuance of any violation of the provisions of this chapter or any regulation adopted pursuant thereto. The assurance may include a stipulation for the payment of money to this state by the alleged violator, including but not limited to, payment for the costs of investigation, for the costs of instituting the action or proceeding and for the restitution of any money or property acquired as a result of the violation.
2. Proof by a preponderance of evidence of a violation of an assurance given pursuant to subsection 1 constitutes prima facie evidence of a violation of the applicable statutes or regulations for the purpose of any civil action or proceeding brought thereafter by the Attorney General, whether the action or proceeding is a new action or a subsequent motion or petition in a pending action or proceeding.
(Added to NRS by 1993, 2099)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.245 - Attorney General may institute legal proceeding against person believed to have violated provisions of this chapter; remedies; civil penalty for violation of court order or injunction.

1. If the Attorney General has reason to believe that a person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto, he or she may institute an appropriate legal proceeding against the person. The district court, upon a showing that the person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto, may grant the following remedies, as appropriate:
(a) Issue a temporary or permanent injunction;
(b) Impose a civil penalty not to exceed $5,000 for each violation;
(c) Issue a declaratory judgment;
(d) Order restitution for consumers;
(e) Provide for the appointment of a receiver;
(f) Order the payment of attorney’s fees and costs; and
(g) Order such other relief as the court deems just.
2. Any person who violates a court order or injunction issued pursuant to subsection 1 shall, upon a complaint brought by the Attorney General, pay a civil penalty of not more than $50,000 for each violation.
(Added to NRS by 1993, 2099; A 1995, 943)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.255 - Willful violations: Prosecution; criminal penalties; forfeitures.

1. Except as otherwise provided in NRS 599B.213, the Attorney General or the district attorney of any county in this state may prosecute a person who willfully violates, either directly or indirectly, the provisions of this chapter. Except as otherwise provided in subsection 3, such a person:
(a) For the first offense within 10 years, is guilty of a misdemeanor.
(b) For the second offense within 10 years, is guilty of a gross misdemeanor.
(c) For the third and all subsequent offenses within 10 years, is guilty of a category D felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000, or by both fine and the punishment provided in NRS 193.130.
2. Any offense which occurs within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 1 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.
3. A person who violates any provision of NRS 599B.080 is guilty of a category D felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000, or by both fine and the punishment provided in NRS 193.130.
4. Property or proceeds attributable to any violation pursuant to the provisions of this section are subject to forfeiture in the manner provided by NRS 179.1156 to 179.121, inclusive.
(Added to NRS by 1993, 2100; A 1995, 943, 1307; 2009, 2731; 2011, 2652; 2013, 1054; 2015, 3653; 2017, 2254; 2019, 2501)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.260 - Deposit and use of money collected pursuant to this chapter.

1. Except as otherwise provided in subsection 2, all fees, civil penalties and any other money collected pursuant to this chapter in an action brought by the Attorney General must be deposited in the State General Fund and may only be used to defray the costs of:
(a) Administering and enforcing the provisions of this chapter.
(b) Enforcing the provisions of chapter 598 of NRS as they relate to the conduct of sellers and salespersons, whether or not the sellers and salespersons are registered pursuant to this chapter.
2. The provisions of this section do not apply to:
(a) Criminal fines imposed pursuant to the provisions of this chapter; or
(b) Restitution ordered in an action brought by the Attorney General pursuant to the provisions of this chapter. Money collected for restitution ordered in such an action must be deposited by the Attorney General and credited to the appropriate account of the Unit or the Attorney General for distribution to the person for whom the restitution was ordered.
(Added to NRS by 1993, 2096; A 1995, 944; 2001, 2928; 2009, 2732; 2011, 2652; 2013, 1054; 2015, 3653; 2017, 2254; 2019, 2501)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.270 - Definitions.

As used in NRS 599B.270 to 599B.300, inclusive, unless the context otherwise requires:
1. "Elderly person" means a person who is 60 years of age or older.
2. "Person with a disability" means a person who:
(a) Has a physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) Has a record of such an impairment; or
(c) Is regarded as having such an impairment.
(Added to NRS by 1993, 1979; A 2003, 2569)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.280 - Additional penalty.

1. In any action brought pursuant to NRS 599B.213, 599B.245 or 599B.255, if the court finds that a person has engaged in an unlawful solicitation by telephone directed toward an elderly person or a person with a disability, the court may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $10,000 for each violation.
2. In determining whether to impose a civil penalty pursuant to subsection 1, the court shall consider whether:
(a) The conduct of the person was in disregard of the rights of the elderly person or person with a disability;
(b) The person knew or should have known that his or her conduct was directed toward an elderly person or a person with a disability;
(c) The elderly person or person with a disability was more vulnerable to the conduct of the person because of the age, health, infirmity, impaired understanding, restricted mobility or disability of the elderly person or person with a disability;
(d) The conduct of the person caused the elderly person or person with a disability to suffer actual and substantial physical, emotional or economic damage;
(e) The conduct of the person caused the elderly person or person with a disability to suffer:
(1) Mental or emotional anguish;
(2) The loss of the primary residence of the elderly person or person with a disability;
(3) The loss of the principal employment or source of income of the elderly person or person with a disability;
(4) The loss of money received from a pension, retirement plan or governmental program;
(5) The loss of property that had been set aside for retirement or for personal or family care and maintenance;
(6) The loss of assets which are essential to the health and welfare of the elderly person or person with a disability; or
(7) Any other interference with the economic well-being of the elderly person or person with a disability, including the encumbrance of his or her primary residence or principal source of income; or
(f) Any other factors that the court deems to be appropriate.
(Added to NRS by 1993, 1979; A 1995, 944)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.290 - Deposit and use of money collected from civil penalties imposed in action brought by district attorney.

1. Money collected from civil penalties imposed pursuant to NRS 599B.280 in an action brought by the district attorney of a county must be deposited with the county treasurer of that county and accounted for separately in the county general fund.
2. Money in the account created pursuant to subsection 1 must be used by the district attorney of the county for:
(a) The investigation and prosecution of acts of unlawful solicitation by telephone against elderly persons or persons with disabilities; and
(b) Programs for the education of consumers which are directed toward elderly persons or persons with disabilities, law enforcement officers, members of the judicial system, persons who provide social services and the general public.
(Added to NRS by 1993, 1980; A 1995, 945)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.300 - Civil action.

If an elderly person or person with a disability suffers damage or injury as a result of an unlawful solicitation by telephone, the elderly person or person with a disability or the legal representative of such a person, if any, may commence a civil action against any person who engaged in the solicitation to recover the actual damages suffered by the elderly person or person with a disability, punitive damages, if appropriate, and reasonable attorney’s fees. The collection of any restitution awarded pursuant to this section has a priority over the collection of any civil penalty imposed pursuant to NRS 599B.280.
(Added to NRS by 1993, 1980)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.025 - Document written in foreign language filed with Secretary of State to be accompanied by verified translation in English language.

No document which is written in a language other than English may be filed or submitted for filing in the Office of the Secretary of State pursuant to the provisions of this chapter unless it is accompanied by a verified translation of the document into the English language.
(Added to NRS by 1997, 158)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.050 - Filing and publication of trademark or trade name used on containers, supplies and equipment.

Any person:
1. Engaged in the manufacture, packing, canning, bottling or selling of any substance in containers with the name or other mark or device of the person impressed or produced thereon; or
2. Whose equipment or supplies, owned by the person and used in the business of the person, is marked or branded with a name or other mark or device impressed or produced thereon,
may file in the office of the county clerk of any county of this State and also in the Office of the Commissioner of Food and Drugs, a description of the name, mark or device so used; and may also cause such description to be published once a week for 3 successive weeks in a newspaper published in the county in which the description may have been filed.
[1:145:1935; 1931 NCL § 1473.01]—(NRS A 1959, 617)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.060 - Purchase of marked containers, supplies or equipment: Further filing and publication unnecessary.

Any person acquiring containers, supplies or equipment marked as provided in NRS 600.050, by purchase or other lawful means, is not required to file and publish the description again, but may acquire as a part of the purchase all such benefit as the vendor has under NRS 600.050 to 600.120, inclusive.
[6:145:1935; 1931 NCL § 1473.06]—(NRS A 1985, 532)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.070 - Presumptive evidence of unlawful use and traffic in marked containers, supplies or equipment.

The following shall be presumptive evidence of unlawful use of or traffic in containers, supplies or equipment bearing marks or devices impressed thereon, the description of which has been filed and published pursuant to NRS 600.050:
1. The use by any person other than the person whose name, mark or device shall be upon the same, without the written consent of the owner, unless the same shall have been purchased from the owner.
2. Possession by any junk dealer or dealer in secondhand articles.
[3:145:1935; 1931 NCL § 1473.03]
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.080 - Deposits for security of containers do not constitute sales.

Whenever the owner of containers, equipment or supplies used in the business, marked, branded or otherwise impressed with a device as provided in NRS 600.050, requires the taking or accepting of any sum of money as a deposit for security for the safekeeping and return of the articles, it does not constitute a sale of the property, either optional or otherwise, in any proceeding under NRS 600.050 to 600.120, inclusive.
[4:145:1935; 1931 NCL § 1473.04]—(NRS A 1985, 532)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.090 - Search and seizure of containers, supplies or equipment unlawfully sold, filled or used.

1. Whenever any person mentioned in NRS 600.050 or the agent of such a person makes an oath before any magistrate that he or she has reason to believe, and does believe, that any of the containers, supplies or equipment mentioned in NRS 600.050 are being unlawfully sold, filled or used, or are secreted in any place, the magistrate shall issue a search warrant to discover and obtain the same.
2. The magistrate may also cause the person in whose possession such articles may be found to be brought before the magistrate. If the magistrate finds that the person is guilty of violating any provision of NRS 600.050 to 600.120, inclusive, the magistrate must impose the punishment prescribed by NRS 600.120, and also award the possession of the property taken upon the search warrant to the owner thereof.
[5:145:1935; 1931 NCL § 1473.05]—(NRS A 1985, 532)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.100 - Search for owner and restoration of lost property or property received in regular course of business.

Every person who finds or receives, in the regular course of business or in any other manner, property mentioned in NRS 600.050 shall make diligent effort to find the owner and restore the property.
[7:145:1935; 1931 NCL § 1473.07]
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.110 - Unlawful acts concerning marked containers, supplies or equipment.

It is unlawful for any person, without the written consent of the owner, unless the same shall have been purchased from the owner:
1. To use, or to fill with any substance, any container marked or distinguished with or by any name, mark or device of which a description shall have been filed and published as provided in NRS 600.050.
2. To sell, buy, give, take or otherwise traffic in containers, or articles of supply or equipment, marked or distinguished with or by any name, mark or device of which a description shall have been filed and published as provided in NRS 600.050.
3. To erase, obliterate, cover up or conceal such name, mark or device.
[2:145:1935; 1931 NCL § 1473.02]
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.120 - Penalty.

A violation of any of the provisions of NRS 600.050 to 600.110, inclusive, is a misdemeanor.
[8:145:1935; 1931 NCL § 1473.08]—(NRS A 1985, 533)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.130 - Definitions.

1. "Registrant" means any person who files and publishes a name, mark or device under NRS 600.130 to 600.230, inclusive.
2. "Supplies" means towels, sheets, napkins, pillowcases, linens or other kindred articles bearing a name, mark or device filed and published under NRS 600.130 to 600.230, inclusive.
(Added to NRS by 1957, 14)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.140 - Right to register, amend, renew, assign or cancel name, mark or device by filing and publication.

A person engaged in the business of supplying clean laundered garments, towels, table linen or other articles which are the property of the supplier, in a regular service, periodically exchanging clean articles for soiled for a fixed compensation, may adopt and use a name or other mark or device woven, impressed or produced thereon as an indicium of ownership, and may register and subsequently amend, renew, assign or cancel the name, mark or device by filing it in the manner provided in NRS 600.240 to 600.400, inclusive, and publishing it under the provisions of NRS 600.150.
(Added to NRS by 1957, 14; A 1997, 158)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.150 - Additional procedures for registration.

In addition to the filing required by NRS 600.140, in order to register a name, mark or device under NRS 600.130 to 600.230, inclusive, the supplier shall:
1. File in the office of the county clerk of the county in which the principal place of business of the supplier is located, or if the place of business of the supplier is located outside of the State then in the office of the county clerk of any county of the State, a description of the names, marks or devices so used; and
2. Cause the description of the name, mark or device to be printed once a week for 3 successive weeks in a newspaper published in the county in which the description has been filed.
(Added to NRS by 1957, 14; A 1997, 159)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.170 - Unlawful acts; persons excepted.

It is unlawful for any persons, except the registrant, a person who has the written consent of the registrant, or a person who has purchased the supplies from the registrant, to do any of the following prohibited acts:
1. Selling, buying, renting, giving, taking or otherwise trafficking in any supplies bearing a name, mark or device registered under NRS 600.130 to 600.230, inclusive.
2. Obliterating or otherwise covering up, concealing or removing a name, mark or device registered under NRS 600.130 to 600.230, inclusive.
3. Using a tablecloth or napkin in a place where food is served to the public for any purpose other than that for which it was intended. The words "for which it was intended" shall mean that a tablecloth or napkin shall be used for the exclusive use of the customer of such place.
4. Laundering, washing, cleaning, renovating, or causing such laundering, washing, cleaning or renovating, any towels, sheets, napkins, pillowcases, linens, or other supplies or kindred articles bearing a name, mark or device registered under NRS 600.130 to 600.230, inclusive.
(Added to NRS by 1957, 14)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.180 - Acceptance of deposit as sale.

The acceptance by the registrant of any sum of money as a deposit to secure the safekeeping and return of the supplies does not constitute a sale of the supplies, either optional or otherwise, in any proceeding under NRS 600.130 to 600.230, inclusive.
(Added to NRS by 1957, 15)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.190 - Evidentiary effect of use by unauthorized person of marked supplies.

The use by any person other than the registrant of any supplies without the written consent provided in NRS 600.130 to 600.230, inclusive, or the possession of supplies so marked by any junk dealer or dealer of secondhand articles is presumptive evidence of unlawful use of or traffic in such supplies.
(Added to NRS by 1957, 15)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.210 - Issuance of search warrant for unlawfully used supplies; authority of magistrate.

Whenever the registrant or any member of any corporation or association which is the registrant takes an oath before any magistrate that he or she has reason to believe and does believe that any supplies are being unlawfully used, sold or secreted in any place, the magistrate shall issue a search warrant to discover and obtain the supplies and may also bring before the magistrate the person in whose possession the supplies are found.
(Added to NRS by 1957, 15)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.220 - Imposition of punishment and award of possession.

If the magistrate finds that any person brought before the magistrate has been guilty of a violation of any provision of NRS 600.130 to 600.210, inclusive, the magistrate shall impose the punishment prescribed in NRS 600.230 and also award the possession of the property taken upon the search warrant to the owner.
(Added to NRS by 1957, 15)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.240 - Definitions.

As used in NRS 600.240 to 600.450, inclusive, unless the context otherwise requires, the words and terms defined in NRS 600.250 to 600.320, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1979, 595; A 1995, 67; 1997, 159; 2001, 406)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.300 - "Trademark" defined.

"Trademark" means any word, name, symbol or device, or any combination of them, adopted and used by a person to identify goods made or sold by that person and to distinguish them from goods made or sold by others.
(Added to NRS by 1979, 595)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.310 - "Trade name" defined.

"Trade name" means a word, symbol, device, or any combination of them, used by a person to identify the business, vocation or occupation of that person and distinguish it from the business, vocation or occupation of others.
(Added to NRS by 1979, 595)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.320 - When mark is deemed to be "used" in Nevada.

A mark is deemed to be "used" in this State:
1. On goods when it is placed in any manner on the goods, their containers, the displays associated with them or on the tags or labels affixed to them and the goods are sold or otherwise distributed in the State; and
2. On services when it is used or displayed in the sale or advertising of services and the services are rendered in this State.
(Added to NRS by 1979, 595)
2023 Nevada Revised Statutes › Chapter 600 - Trademarks, Trade Names and Service Marks › NRS 600.330 - Restrictions on registration.

A mark must not be registered if it:
1. Contains immoral, deceptive or scandalous matter.
2. Contains matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, national symbols or which may bring them into contempt or disrepute.
3. Resembles or simulates the flag or other insignia of the United States, or of any state or municipality, or of any foreign nation.
4. Contains the name, signature or portrait of any living person, except when the written consent of that living person has been obtained.
5. Consists of a mark which:
(a) When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;
(b) When applied to the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or
(c) Is primarily merely a surname,
but this subsection does not prevent the registration of a mark used by the applicant which has become distinctive of the applicant’s goods or services. Proof of continuous use of the mark by the applicant in this State or elsewhere for 5 years next preceding the date of the filing of the application for registration may be accepted by the Secretary of State as evidence that the mark has become distinctive.
6. So resembles a mark registered in this State which has not been abandoned, that it is likely that confusion, mistake or deception may result.
(Added to NRS by 1979, 595; A 1995, 67)