reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0918 - "Deceptive trade practice" defined.

A person engages in a "deceptive trade practice" if, during a solicitation by telephone or text message or during a sales presentation, he or she:
1. Uses threatening, intimidating, profane or obscene language;
2. Repeatedly or continuously conducts the solicitation or presentation in a manner that is considered by a reasonable person to be annoying, abusive or harassing;
3. Solicits a person by telephone at his or her residence between 8 p.m. and 9 a.m.;
4. Blocks or otherwise intentionally circumvents any service used to identify the caller when placing an unsolicited telephone call;
5. Places an unsolicited telephone call that does not allow a service to identify the caller by the telephone number or name of the business, unless such identification is not technically feasible; or
6. Defrauds a person of any valuable thing, wrongfully obtains from a person any valuable thing or otherwise causes harm to a person by knowingly causing, directly or indirectly, any service used in connection with a voice service or text messaging service to identify the caller or sender of the text message to display inaccurate or misleading information.
(Added to NRS by 2001, 659; A 2003, 2875; 2021, 1345)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.09213 - "Deceptive trade practice" defined.

1. A person shall not, in the course of the person’s business or occupation, offer to provide a gift certificate or gift card, free of charge, as part of a promotion or incentive to potential customers if the promotion or incentive is redeemable only by mail, unless the expiration date of the offer is printed plainly and conspicuously in 12-point bold font on any brochure, leaflet, pamphlet, packaging, advertisement or other written material provided to the recipient of the offer which contains information concerning the offer. This subsection does not apply to an offer upon which the gift certificate or gift card will be provided directly to a potential customer.
2. A person engages in a "deceptive trade practice" if the person violates subsection 1.
(Added to NRS by 2017, 1531)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0922 - "Deceptive trade practice" defined.

1. Except as otherwise provided in subsection 2, a person engages in a "deceptive trade practice" if the person advertises or conducts a live musical performance or production in this State through the use of a false, deceptive or misleading affiliation, connection or association between a performing group and a recording group.
2. A person does not engage in a "deceptive trade practice" pursuant to subsection 1 if:
(a) The performing group is the authorized registrant and owner of a federal service mark comprising in whole or dominant part the mark or name of that group registered in the United States Patent and Trademark Office;
(b) At least one member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group;
(c) The live musical performance or production is identified in all advertising and promotion as a salute or tribute and the name of the performing group is not so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public;
(d) The advertising does not relate to a live musical performance or production taking place in this State; or
(e) The performance or production is expressly authorized in writing by the recording group.
3. As used in this section:
(a) "Performing group" means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name.
(b) "Person" means the performing group or its promoter, manager or agent. The term does not include the performance venue or its owners, managers or operators unless the performance venue has a controlling or majority ownership interest in and produces the performing group.
(c) "Recording group" means a vocal or instrumental group at least one of whose members has previously released a commercial sound recording under that group’s name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.
(d) "Sound recording" means a work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, such as a cassette tape, compact disc or phonograph album, in which the sounds are embodied.
(Added to NRS by 2007, 737)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.09223 - "Deceptive trade practice" defined.

A person engages in a "deceptive trade practice" when, in the course of his or her business or occupation, he or she knowingly violates a provision of NRS 598.397 to 598.3984, inclusive.
(Added to NRS by 2017, 4348; A 2019, 1133)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.09227 - "Deceptive trade practice" defined.

A person engages in a "deceptive trade practice" when, in the course of his or her business or occupation, he or she knowingly violates a provision of NRS 598.9731 to 598.9739, inclusive.
(Added to NRS by 2021, 1446)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0923 - "Deceptive trade practice" defined.

1. A person engages in a "deceptive trade practice" when in the course of his or her business or occupation he or she knowingly:
(a) Conducts the business or occupation without all required state, county or city licenses.
(b) Fails to disclose a material fact in connection with the sale or lease of goods or services.
(c) Violates a state or federal statute or regulation relating to the sale or lease of goods or services.
(d) Uses coercion, duress or intimidation in a transaction.
(e) Uses an unconscionable practice in a transaction.
(f) As the seller in a land sale installment contract, fails to:
(1) Disclose in writing to the buyer:
(I) Any encumbrance or other legal interest in the real property subject to such contract; or
(II) Any condition known to the seller that would affect the buyer’s use of such property.
(2) Disclose the nature and extent of legal access to the real property subject to such agreement.
(3) Record the land sale installment contract pursuant to NRS 111.315 within 30 calendar days after the date upon which the seller accepts the first payment from the buyer under such a contract.
(4) Pay the tax imposed on the land sale installment contract pursuant to chapter 375 of NRS.
(5) Include terms in the land sale installment contract providing rights and protections to the buyer that are substantially the same as those under a foreclosure pursuant to chapter 40 of NRS.
2. As used in this section:
(a) "Land sale installment contract" has the meaning ascribed to it in paragraph (d) of subsection 1 of NRS 375.010.
(b) "Unconscionable practice" means an act or practice which, to the detriment of a consumer:
(1) Takes advantage of the lack of knowledge, ability, experience or capacity of the consumer to a grossly unfair degree;
(2) Results in a gross disparity between the value received and the consideration paid, in a transaction involving transfer of consideration; or
(3) Arbitrarily or unfairly excludes the access of a consumer to a good or service.
(Added to NRS by 1985, 2256; A 1999, 3282; 2009, 1118; 2021, 1346)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0924 - "Deceptive trade practice" defined.

1. A provider or vendor of floral or ornamental products or services engages in a "deceptive trade practice" if the provider or vendor misrepresents the geographic location of its business by listing:
(a) A local telephone number in any advertisement or listing unless the advertisement or listing identifies the actual physical address, including the city and state, of the provider or vendor’s business.
(b) An assumed or fictitious business name in any advertisement or listing if:
(1) The name of the business misrepresents the provider or vendor’s geographic location; and
(2) The advertisement or listing does not identify the actual physical address, including the city and state, of the provider or vendor’s business.
2. The provisions of this section do not apply to:
(a) A publisher of a telephone directory or any other publication or a provider of a directory assistance service that publishes or provides information about another business;
(b) An Internet website that aggregates and provides information about other businesses;
(c) An owner or publisher of a print advertising medium that provides information about other businesses;
(d) An Internet service provider; or
(e) An Internet service that displays or distributes advertisements for other businesses.
3. This section does not create or impose a duty or an obligation on a person other than a vendor or provider described in subsection 1.
4. As used in this section:
(a) "Floral or ornamental products or services" means floral arrangements, cut flowers, floral bouquets, potted plants, balloons, floral designs and related products and services.
(b) "Local telephone number" means a specific telephone number, including the area code and prefix, assigned for the purpose of completing local telephone calls between a calling party or station and any other party or station within a telephone exchange located in this State or its designated local calling areas. The term does not include long distance telephone numbers or toll-free telephone numbers listed in a local telephone directory.
(Added to NRS by 2013, 1030)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0925 - "Deceptive trade practice" defined.

1. Except as otherwise provided in this section, a person engages in a "deceptive trade practice" when, in the course of his or her business or occupation, he or she:
(a) Makes an assertion of scientific, clinical or quantifiable fact in an advertisement which would cause a reasonable person to believe that the assertion is true, unless, at the time the assertion is made, the person making it has possession of factually objective scientific, clinical or quantifiable evidence which substantiates the assertion; or
(b) Fails upon request of the Commissioner or Attorney General to produce within 6 working days the substantiating evidence in his or her possession at the time the assertion of scientific, clinical or quantifiable fact was made.
2. This section does not apply to general assertions of opinion as to quality, value or condition made without the intent to mislead another person.
(Added to NRS by 1989, 649; A 1997, 3195; 2009, 2712; 2011, 2652; 2013, 1054; 2015, 3653)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0927 - "Director" defined.

"Director" means the Director of the Department of Business and Industry.
(Added to NRS by 1983, 881; A 1993, 1799; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; A 2015, 3652, 3653)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0934 - Goods" defined.

"Goods" includes, without limitation, a mobile or manufactured home which:
1. Is not affixed to land; or
2. Is affixed to land and sold, leased or offered for sale or lease separately from the land to which it is affixed.
(Added to NRS by 2003, 587)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0936 - "Person with a disability" defined.

"Person with a disability" means a person who:
1. Has a physical or mental impairment that substantially limits one or more of the major life activities of the person;
2. Has a record of such an impairment; or
3. Is regarded as having such an impairment.
(Added to NRS by 1993, 1978)—(Substituted in revision for NRS 598.093)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0947 - "Trade name" defined.

"Trade name" means a word, name, symbol, device or any combination of the foregoing in any form or arrangement used by a person to identify his or her business or occupation, and to distinguish it from the business or occupation of others.
(Added to NRS by 1973, 1484)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0953 - Engaging in deceptive trade practice prima facie evidence of intent to injure competitor; other rights of action not limited.

1. Evidence that a person has engaged in a deceptive trade practice is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.
2. The deceptive trade practices listed in NRS 598.0915 to 598.0925, inclusive, are in addition to and do not limit the types of unfair trade practices actionable at common law or defined as such in other statutes of this State.
(Added to NRS by 1973, 1484; A 1985, 2258; 1989, 649; 2007, 738; 2013, 1031; 2017, 1532, 4350; 2021, 1347, 1448)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0955 - Applicability of NRS 598.0903 to 598.0999, inclusive.

1. The provisions of NRS 598.0903 to 598.0999, inclusive, do not apply to:
(a) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state or local governmental agency.
(b) Publishers, including outdoor advertising media, advertising agencies, broadcasters or printers engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character.
(c) Actions or appeals pending on July 1, 1973.
2. The provisions of NRS 598.0903 to 598.0999, inclusive, do not apply to the use by a person of any service mark, trademark, certification mark, collective mark, trade name or other trade identification which was used and not abandoned prior to July 1, 1973, if the use was in good faith and is otherwise lawful except for the provisions of NRS 598.0903 to 598.0999, inclusive.
(Added to NRS by 1973, 1484; A 2005, 1227; 2007, 738; 2009, 1188; 2013, 1031; 2017, 1533, 4350; 2021, 1347, 1449)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0957 - Director may delegate powers and duties.

The Director may, in one or more particular cases, delegate his or her powers and duties under the provisions of NRS 598.0903 to 598.0999, inclusive, to any person under his or her direct supervision and direction.
(Added to NRS by 1983, 881; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; A 2015, 3652, 3653)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0959 - Advisory committees: Creation and appointment; membership; compensation.

The Commissioner and Director may, independently, create and appoint advisory committees whenever necessary to advise them in the performance of their powers and duties pursuant to NRS 598.0903 to 598.0999, inclusive. Any such committee must be created by a regulation adopted in accordance with the provisions of chapter 233B of NRS. The regulation must specify:
1. The membership of the committee;
2. The duties of the committee and the purpose for which it is created;
3. The period of existence of the committee; and
4. The rules for the governance of the committee.
The membership of the committee must include a member who is a representative of any business or industry which may be affected by any advice provided by the committee. The members of an advisory committee created pursuant to this section serve without compensation unless an appropriation or other money for that purpose is provided by the Legislature.
(Added to NRS by 1995, 2173; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; A 2015, 3652, 3653)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.096 - Powers of Director, Commissioner and Attorney General.

When the Commissioner, Director or Attorney General has cause to believe that any person has engaged or is engaging in any deceptive trade practice, he or she may:
1. Request the person to file a statement or report in writing under oath or otherwise, on such forms as may be prescribed by the Commissioner, Director or Attorney General, as to all facts and circumstances concerning the sale or advertisement of property by the person, and such other data and information as the Commissioner, Director or Attorney General may deem necessary.
2. Examine under oath any person in connection with the sale or advertisement of any property.
3. Examine any property or sample thereof, record, book, document, account or paper as he or she may deem necessary.
4. Make true copies, at the expense of the Consumer Affairs Unit of the Department of Business and Industry, of any record, book, document, account or paper examined pursuant to subsection 3, which copies may be offered into evidence in lieu of the originals thereof in actions brought pursuant to NRS 598.097 and 598.0979.
5. Pursuant to an order of any district court, impound any sample of property which is material to the deceptive trade practice and retain the property in his or her possession until completion of all proceedings as provided in NRS 598.0903 to 598.0999, inclusive. An order may not be issued pursuant to this subsection unless:
(a) The Commissioner, Director or Attorney General and the court give the accused full opportunity to be heard; and
(b) The Commissioner, Director or Attorney General proves by clear and convincing evidence that the business activities of the accused will not be impaired thereby.
(Added to NRS by 1973, 1485; A 1983, 883; 1993, 1799; 1997, 3195; 2009, 2713; 2011, 2652; 2013, 1054; 2015, 3653)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0963 - Additional powers of Attorney General.

1. Whenever the Attorney General is requested in writing by the Commissioner or the Director to represent him or her in instituting a legal proceeding against a person who has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person on behalf of the Commissioner or Director.
2. The Attorney General may institute criminal proceedings to enforce the provisions of NRS 598.0903 to 598.0999, inclusive. The Attorney General is not required to obtain leave of the court before instituting criminal proceedings pursuant to this subsection.
3. If the Attorney General has reason to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief, including, without limitation, the recovery of a civil penalty, disgorgement, restitution or the recovery of damages:
(a) As parens patriae of the persons residing this State, with respect to damages sustained directly or indirectly by such persons, or, alternatively, if the court finds in its discretion that the interests of justice so require, as a representative of a class or classes consisting of persons residing in this State who have been damaged directly or indirectly; or
(b) As parens patriae, with respect to direct or indirect damages to the general economy of the State of Nevada or any agency or political subdivision thereof.
4. If the Attorney General has cause to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may issue a subpoena to require the testimony of any person or the production of any documents, and may administer an oath or affirmation to any person providing such testimony. The subpoena must be served upon the person in the manner required for service of process in this State or by certified mail with return receipt requested. An employee of the Attorney General may personally serve the subpoena.
(Added to NRS by 1985, 1479; A 1993, 2095; 1997, 3195; 2007, 738; 2009, 1188, 2713; 2011, 2652; 2013, 1031, 1054; 2015, 3653; 2017, 1533, 4350; 2021, 1347, 1449; 2023, 1190)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.09635 - Attorney General to prepare report for each state of emergency or declaration of disaster concerning certain deceptive trade practices.

For each state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070, the Attorney General shall prepare a report containing aggregate data or information concerning the number and type of complaints received by the Attorney General during the emergency or disaster that relate to the commission of a deceptive trade practice of the type described in NRS 598.09235. The Attorney General shall cause the report to be posted on the Internet website of the Attorney General not later than 30 days after the earlier of:
1. The termination of the state of emergency or declaration of disaster by the Governor or the Legislature pursuant to NRS 414.070; or
2. The 75th day that the state of emergency or declaration of disaster is in effect.
(Added to NRS by 2021, 1344)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0964 - Use and sharing of confidential information by Attorney General; cooperation between Attorney General and other agencies and officials.

1. The Attorney General, in the course of the investigation of any alleged violations of this chapter, may obtain and use any intelligence, investigative information or other information obtained by or made available to the Attorney General. Except as otherwise provided in subsections 2 and 3, any such intelligence or information received must retain its confidential status under the laws of this State until the Attorney General institutes civil or criminal proceedings and is exempt from the provisions of NRS 239.010.
2. Except as otherwise provided in subsection 4, the Attorney General may cooperate with and coordinate the enforcement of the provisions of this chapter with State and local agencies, officials of the Federal Government and the several states, including, but not limited to, the sharing of information and evidence obtained in accordance with subsection 1 or NRS 598.0963.
3. The provisions of subsections 1 and 2 do not prohibit the Attorney General from disclosing any intelligence or information received pursuant to subsection 1, including, without limitation, the address or telephone number of a business or organization, before the Attorney General institutes civil or criminal proceedings if, in the discretion of the Attorney General, that disclosure is necessary to protect consumers and businesses.
4. If any information sought pursuant to an investigation of an alleged violation of this chapter includes a trade secret, the Attorney General shall enter into, and be bound by, an agreement regarding limitations on the disclosure of that information to protect that trade secret. Notwithstanding the provisions of this section, the Attorney General shall not disclose that information in violation of the terms of the agreement. For the purposes of this subsection, "trade secret" has the meaning ascribed to it in NRS 600A.030.
(Added to NRS by 2009, 1187)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0965 - Commissioner or Director to provide investigative assistance to Attorney General; legal advice and guidance by Attorney General.

1. The Commissioner or Director shall provide investigative assistance, including the identification and use of relevant evidence in his or her possession, necessary for litigation referred to the Attorney General pursuant to NRS 598.0963 or 598.0979. The Attorney General shall provide legal advice and guidance to the Commissioner or Director in carrying out his or her powers and duties pursuant to NRS 598.0903 to 598.0999, inclusive, including the investigation of any alleged violation of those sections and the preparation for litigation.
2. Upon written request by the Attorney General, the Commissioner or Director may provide any investigative assistance, including evidence and information in his or her possession, for use in any action brought by the Attorney General pursuant to subsection 3 of NRS 598.0963. No request for assistance may be unreasonably denied.
(Added to NRS by 1985, 1480; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; A 2015, 3646, 3652, 3653)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0966 - Revolving account for Consumer Affairs Unit: Creation; duties of Director or designee; deposits; use.

1. There is hereby created a revolving account for the Consumer Affairs Unit of the Department of Business and Industry. The account must be administered by the Director or his or her designee.
2. The Director or his or her designee shall deposit any grant of money received by the Unit into the account, and any money in the account must be used solely to defray the costs and expenses of the Unit.
3. The Director or his or her designee shall deposit any administrative fines received by the Unit into the State General Fund.
(Added to NRS by 1997, 157; A 1999, 1516; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; A 2015, 3647, 3652, 3653; 2021, 2744)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0967 - Commissioner and Director: Subpoenas; hearings; regulations.

1. The Commissioner and the Director, in addition to other powers conferred upon them by NRS 598.0903 to 598.0999, inclusive, may issue subpoenas to require the attendance of witnesses or the production of documents, conduct hearings in aid of any investigation or inquiry and prescribe such forms and adopt such regulations as may be necessary to administer the provisions of NRS 598.0903 to 598.0999, inclusive. Such regulations may include, without limitation, provisions concerning the applicability of the provisions of NRS 598.0903 to 598.0999, inclusive, to particular persons or circumstances.
2. Except as otherwise provided in this subsection, service of any notice or subpoena must be made by certified mail with return receipt or as otherwise allowed by law. An employee of the Consumer Affairs Unit of the Department of Business and Industry may personally serve a subpoena issued pursuant to this section.
(Added to NRS by 1973, 1485; A 1981, 95; 1983, 883; 1995, 2174; 2005, 1227; 2007, 739; 2009, 1189; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1032, 1054; A 2015, 3647, 3652, 3653; 2017, 1533, 4351; 2021, 1348, 1449)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.097 - Commissioner, Director and Attorney General: Equitable relief.

If any person fails to cooperate with any investigation, as provided in NRS 598.096, or if any person fails to obey a subpoena issued by the Commissioner, Director or Attorney General pursuant to NRS 598.0963 or 598.0967, the Commissioner, Director or Attorney General may apply to any district court for equitable relief. The application must state reasonable grounds showing that the relief is necessary to terminate or prevent a deceptive trade practice. If the court is satisfied of the reasonable grounds, the court may:
1. Grant injunctive relief restraining the sale or advertisement of any property by the person.
2. Require the attendance of or the production of documents by the person, or both.
3. Order the person to cease doing business within this State.
4. Grant other relief necessary to compel compliance by the person.
(Added to NRS by 1973, 1485; A 1983, 883; 1997, 3196; 2009, 2714; 2011, 2652; 2013, 1054; 2015, 3647, 3653)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0973 - Civil penalty for engaging in deceptive trade practice directed toward elderly person or person with disability.

1. Except as otherwise provided in NRS 598.0974, in any action or proceeding brought pursuant to NRS 598.0903 to 598.0999, inclusive, if the court or the Director or his or her designee finds that a person has engaged in a deceptive trade practice directed toward an elderly person or a person with a disability, the court or the Director or his or her designee may, in addition to any other civil or criminal penalty, impose a civil penalty of:
(a) For a deceptive trade practice directed toward a person with a disability, not more than $15,000 for each violation.
(b) For a deceptive trade practice directed toward an elderly person, not more than $25,000 for each violation.
2. In determining whether to impose a civil penalty pursuant to subsection 1, the court or the Director or his or her designee 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 or the Director or his or her designee deems to be appropriate.
(Added to NRS by 1993, 1978; A 2005, 1251, 1428; 2009, 1190; 2021, 1349; 2023, 1190)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.09735 - Civil penalty for engaging in deceptive trade practice directed toward minor person.

1. Except as otherwise provided in NRS 598.0974, in any action or proceeding brought pursuant to NRS 598.0903 to 598.0999, inclusive, if the court or the Director or his or her designee finds that a person has engaged in a deceptive trade practice directed toward a minor person, the court or the Director or his or her designee may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $25,000 for each violation.
2. In determining whether to impose a civil penalty pursuant to subsection 1, the court or the Director or his or her designee shall consider whether:
(a) The conduct of the person was in disregard of the rights of the minor person;
(b) The person knew or should have known that his or her conduct was directed toward a minor person;
(c) The minor person was more vulnerable to the conduct of the person because of the age of the minor person;
(d) The conduct of the person caused the minor person to suffer actual and substantial physical, emotional or economic damage;
(e) The conduct of the person caused the minor person to suffer:
(1) Mental or emotional anguish;
(2) The loss of money or financial support received from any source;
(3) The loss of property that had been set aside for education or for personal or family care and maintenance;
(4) The loss of assets which are essential to the health and welfare of the minor person; or
(5) Any other interference with the economic well-being of the minor person; or
(f) Any other factors that the court or the Director or his or her designee deems to be appropriate.
3. As used in this section, "minor person" means a person who is 17 years of age or younger.
(Added to NRS by 2021, 1345; A 2023, 1191)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0974 - Civil penalty prohibited under certain circumstances.

A civil penalty must not be imposed against any person who engages in a deceptive trade practice pursuant to NRS 598.0903 to 598.0999, inclusive, in a civil proceeding brought by the Commissioner, Director or Attorney General if a fine has previously been imposed against that person by the Department of Motor Vehicles pursuant to NRS 482.554 for the same act.
(Added to NRS by 2005, 1249; A 2009, 1191, 2714; 2011, 2652; 2013, 1054; 2015, 3653; 2021, 1350)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0975 - Deposit and use of money collected pursuant to NRS 598.0903 to 598.0999, inclusive; exception for criminal fines and restitution.

1. Except as otherwise provided in subsection 3 and in subsection 1 of NRS 598.0999, all fees, civil penalties and any other money collected pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive:
(a) In an action brought by the Attorney General, must be deposited in the Consumer Protection Administrative Account pursuant to NRS 228.332.
(b) 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 paragraph (b) of subsection 1 must be used by the district attorney of the county for:
(a) The investigation and prosecution of deceptive trade practices 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.
3. The provisions of this section do not apply to:
(a) Criminal fines imposed pursuant to NRS 598.0903 to 598.0999, inclusive; or
(b) Restitution ordered pursuant to NRS 598.0903 to 598.0999, inclusive, in an action brought by the Attorney General. Money collected for restitution ordered in such an action must be deposited by the Attorney General and credited to the appropriate account of the Consumer Affairs Unit of the Department of Business and Industry or the Attorney General for distribution to the person for whom the restitution was ordered.
(Added to NRS by 1993, 1979; A 1995, 930; 2001, 2928; 2009, 2714; 2011, 2652; 2013, 1054; 2015, 2208, 3649, 3653; 2021, 2185)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0977 - Civil action by elderly person or person with disability against person who engaged in deceptive trade practice; remedies. [Effective through March 30, 2024.] Civil action by elderly person or person with disability against person who engaged in deceptive trade practice; remedies. [Effective March 31, 2024.]

If an elderly person or a person with a disability suffers damage or injury as a result of a deceptive trade practice, he or she or his or her legal representative, if any, may commence a civil action against any person who engaged in the practice 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 598.0973.
(Added to NRS by 1993, 1979)
Except as otherwise provided in NRS 603A.550, an elderly person or a person with a disability suffers damage or injury as a result of a deceptive trade practice, he or she or his or her legal representative, if any, may commence a civil action against any person who engaged in the practice 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 598.0973.
(Added to NRS by 1993, 1979; A 2023, 3452, effective March 31, 2024)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0979 - Restraining orders; injunctions; assurances of discontinuance.

1. Notwithstanding the requirement of knowledge as an element of a deceptive trade practice, when the Commissioner or Director has cause to believe that a person has engaged or is engaging in any deceptive trade practice, knowingly or otherwise, he or she may request in writing that the Attorney General represent him or her in instituting an appropriate legal proceeding, including, without limitation, an application for an injunction or temporary restraining order prohibiting the person from continuing the practices. The court may make orders or judgments necessary to prevent the use by the person of any such deceptive trade practice or to restore to any other person any money or property which may have been acquired by the deceptive trade practice.
2. Where the Commissioner or Director has the authority to institute a civil action or other proceeding, in lieu thereof or as a part thereof, he or she may accept an assurance of discontinuance of any deceptive trade practice. This assurance may include a stipulation for the payment by the alleged violator of:
(a) The costs of investigation and the costs of instituting the action or proceeding, including attorney’s fees for the services of the Attorney General;
(b) Any amount of money which he or she may be required to pay pursuant to the provisions of NRS 598.0971 in lieu of any administrative fine; and
(c) The restitution of any money or property acquired by any deceptive trade practice.
3. Any assurance of discontinuance accepted by the Commissioner or Director pursuant to subsection 2 must be filed with the court in the same manner as required by the Attorney General pursuant to NRS 598.0995 and, upon acceptance by the court, becomes an order of the court. An assurance of discontinuance made pursuant to subsection 2 is not an admission of guilt or liability for any purpose, except that any failure to comply with the provisions of the assurance is enforceable in the same manner as provided in subsection 7 of NRS 598.0971.
(Added to NRS by 1973, 1485; A 1983, 884; 1985, 1480, 2258; 1995, 2175; 2007, 2120; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; A 2015, 3650, 3652, 3653)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.098 - Use and disclosure of information by Commissioner or Director; regulations.

1. The Commissioner or Director may, during the course of the investigation of any alleged violation of this chapter, obtain and use any intelligence, investigative information or other information obtained by or made available to the Commissioner or Director. Except as otherwise provided in subsections 2 and 3, any such intelligence or information received must remain confidential under the laws of this State until the Commissioner or Director obtains a final administrative order pursuant to NRS 598.0971 and is exempt from the provisions of NRS 239.010.
2. Except as otherwise provided in subsection 4, the Commissioner or Director may cooperate with and coordinate the enforcement of the provisions of this chapter with the Attorney General, any state or local governmental agencies, officer of the Federal Government and the several states, including, without limitation, the sharing of information and evidence obtained in accordance with NRS 598.0967.
3. The provisions of subsections 1 and 2 do not prohibit the Commissioner or Director from disclosing any intelligence or information received pursuant to subsection 1, including, without limitation, the address or telephone number of a business or organization.
4. If any information sought pursuant to an investigation of an alleged violation of this chapter includes a trade secret, the Commissioner or Director shall enter into, and be bound by, an agreement regarding limitations on the disclosure of the information to protect the trade secret. Notwithstanding the provisions of this section, the Commissioner or Director shall not disclose that information in violation of the terms of the agreement. As used in this subsection, "trade secret" has the meaning ascribed to it in NRS 600A.030.
(Added to NRS by 1973, 1486; A 1983, 884; 1985, 1481; 1995, 2175; 2005, 1429; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; A 2015, 3651, 3652, 3653)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0983 - Actions by district attorney: Prerequisites.

1. Before instituting any action pursuant to NRS 598.0985 to 598.0997, inclusive, the district attorney shall ascertain whether or not the action in question is subject to the regulatory authority of any state agency, board, official or other authority established by virtue of the Nevada Revised Statutes except the regulatory or administrative authority provided to the Commissioner, Director or Attorney General by NRS 598.0903 to 598.0999, inclusive.
2. If the action is subject to such regulatory authority or any regulation adopted or any statutes administered by any state regulatory agency, board, official or other authority as provided in subsection 1, the district attorney shall not institute any proceeding under NRS 598.0985 to 598.0997, inclusive, until the state agency, board, official or other state regulatory authority has had reasonable time to investigate or take any appropriate action with respect to the alleged facts.
3. For the purposes of this section, a reasonable time has elapsed if no final action or other disposition is made of any matter otherwise falling within the provisions of NRS 598.0903 to 598.0999, inclusive, within 30 days after the matter is referred to or brought to the attention of any state agency, board, official or other regulatory authority except the Commissioner, Director or Attorney General.
4. This section does not prohibit the district attorney of any county from filing an action pursuant to the provisions of NRS 598.0985 to 598.099, inclusive, if the referral of any matters subject to the provisions of NRS 598.0903 to 598.0999, inclusive, to any state agency, board, official or other regulatory authority would cause immediate harm to the public of this state or endanger the public health, safety or welfare, and such facts are shown by affidavit or by verified complaint.
(Added to NRS by 1973, 1486; A 1983, 885; 1985, 1481; 2009, 2715; 2011, 2652; 2013, 1054; 2015, 3653)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0985 - Actions by district attorney: Injunctive relief.

Notwithstanding the requirement of knowledge as an element of a deceptive trade practice, and notwithstanding the enforcement powers granted to the Commissioner or Director pursuant to NRS 598.0903 to 598.0999, inclusive, whenever the district attorney of any county has reason to believe that any person is using, has used or is about to use any deceptive trade practice, knowingly or otherwise, he or she may bring an action in the name of the State of Nevada against that person to obtain a temporary or permanent injunction against the deceptive trade practice.
(Added to NRS by 1973, 1487; A 1983, 885; 1985, 2259; 2007, 740; 2009, 2715; 2011, 2652; 2013, 1033, 1054; 2015, 3653; 2017, 1535, 4353; 2021, 1350, 1451)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0987 - Actions by district attorney: Preliminary notice required before filing; exception.

Except as otherwise provided in NRS 598.099, appropriate notice must be given by the district attorney to any person against whom an action is brought pursuant to NRS 598.0985. Such notice must state generally the relief sought and be served in accordance with NRS 598.0997 at least 10 days prior to the filing of the action.
(Added to NRS by 1973, 1487)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0989 - Actions by district attorney: Venue; powers of court.

Any action brought pursuant to NRS 598.0963 or 598.0977 to 598.099, inclusive, may be brought:
1. In a district court in the county in which the defendant resides or has his or her principal place of business;
2. In the district court in Carson City if the parties consent thereto; or
3. In the district court in any county where a deceptive trade practice has occurred.
Any court in which an action is brought pursuant to those sections may issue any temporary or permanent injunction in accordance with the Nevada Rules of Civil Procedure to restrain and prevent any violation of any provisions of NRS 598.0903 to 598.0999, inclusive, and such injunctions must be issued without bond.
(Added to NRS by 1973, 1487; A 1985, 1482)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.099 - Injunctions without prior notice.

Whenever the district attorney or the Attorney General has reason to believe that the delay caused by complying with the notice requirement of NRS 598.0987 or the requirements of subsection 3 of NRS 598.0963 would cause immediate harm to the public of this state or endanger the public welfare, he or she may immediately institute an action for injunctive relief, including a request for a temporary restraining order, upon proof of specific facts shown by affidavit or by verified complaint or otherwise that such immediate harm will be or is likely to be caused by the delay. The Attorney General shall give written notice of the filing by the Attorney General of such an action to the Commissioner or Director. The Nevada Rules of Civil Procedure pertaining to the issuance of temporary restraining orders govern all actions instituted pursuant to this section.
(Added to NRS by 1973, 1487; A 1985, 1482; 2009, 2715; 2011, 2652; 2013, 1054; 2015, 3653)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0993 - Relief for injured persons.

The court in which an action is brought pursuant to NRS 598.0979 and 598.0985 to 598.099, inclusive, may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any deceptive trade practice which violates any of the provisions of NRS 598.0903 to 598.0999, inclusive, but such additional orders or judgments may be entered only after a final determination has been made that a deceptive trade practice has occurred.
(Added to NRS by 1973, 1487; A 2007, 741; 2009, 2716; 2011, 2652; 2013, 1033, 1054; 2015, 3653; 2017, 1535, 4353; 2021, 1351, 1451)
2023 Nevada Revised Statutes › Chapter 598 - Deceptive Trade Practices › NRS 598.0995 - Assurances of discontinuance.

1. In proceeding pursuant to subsection 3 of NRS 598.0963 or NRS 598.0987 to 598.0995, inclusive, the district attorney or Attorney General may accept an assurance of discontinuance with respect to any method, act or practice deemed to be a deceptive trade practice from any person who is engaged or is about to engage in the method, act or practice by following the procedures set forth in NRS 598.0979.
2. Any assurance made pursuant to subsection 1 must be in writing and must be filed with and subject to the approval of the district court in the county in which the alleged violator resides or has his or her principal place of business, or the district court in any county where any deceptive trade practice has occurred or is about to occur or the district court agreed to by the parties.
3. An assurance of discontinuance made pursuant to subsections 1 and 2 is not an admission of violation for any purpose, but is subject to the terms, limitations and conditions of NRS 598.0979.
(Added to NRS by 1973, 1488; A 1985, 1482, 2259; 2009, 2716; 2011, 2652; 2013, 1054; 2015, 3652, 3653)