A person engages in a "deceptive trade practice" when in the course of his or her business or occupation he or she:
1. Knowingly fails to identify goods for sale or lease as being damaged by water.
2. Solicits by telephone or door to door as a lessor or seller, unless the lessor or seller identifies himself or herself, whom he or she represents and the purpose of his or her call within 30 seconds after beginning the conversation.
3. Knowingly states that services, replacement parts or repairs are needed when no such services, replacement parts or repairs are actually needed.
4. Fails to make delivery of goods or services for sale or lease within a reasonable time or to make a refund for the goods or services, if he or she allows refunds.
5. Advertises or offers an opportunity for investment and:
(a) Represents that the investment is guaranteed, secured or protected in a manner which he or she knows or has reason to know is false or misleading;
(b) Represents that the investment will earn a rate of return which he or she knows or has reason to know is false or misleading;
(c) Makes any untrue statement of a material fact or omits to state a material fact which is necessary to make another statement, considering the circumstances under which it is made, not misleading;
(d) Fails to maintain adequate records so that an investor may determine how his or her money is invested;
(e) Fails to provide information to an investor after a reasonable request for information concerning his or her investment;
(f) Fails to comply with any law or regulation for the marketing of securities or other investments; or
(g) Represents that he or she is licensed by an agency of the State to sell or offer for sale investments or services for investments if he or she is not so licensed.
6. Charges a fee for advice with respect to investment of money and fails to disclose:
(a) That he or she is selling or offering to lease goods or services and, if he or she is, their identity; or
(b) That he or she is licensed by an agency of any state or of the United States to sell or to offer for sale investments or services for investments or holds any other license related to the service he or she is providing.
7. Notifies any person, by any means, as a part of an advertising plan or scheme, that he or she has won a prize and that as a condition of receiving the prize he or she must purchase or lease goods or services.
8. Knowingly misrepresents the legal rights, obligations or remedies of a party to a transaction.
9. Fails, in a consumer transaction that is rescinded, cancelled or otherwise terminated in accordance with the terms of an agreement, advertisement, representation or provision of law, to promptly restore to a person entitled to it a deposit, down payment or other payment or, in the case of property traded in but not available, the agreed value of the property or fails to cancel within a specified time or an otherwise reasonable time an acquired security interest. This subsection does not apply to a person who is holding a deposit, down payment or other payment on behalf of another if all parties to the transaction have not agreed to the release of the deposit, down payment or other payment.
10. Repossesses a vehicle from a debtor pursuant to NRS 104.9609 before default by the debtor as defined in the form for the contract for the sale of the vehicle prescribed by the Commissioner of Financial Institutions pursuant to NRS 97.299.
11. Commits an act against a consumer who entered into a contract for the sale of a vehicle with the person which entitles the consumer to any remedy available pursuant to NRS 104.9625.
12. Fails to inform customers, if he or she does not allow refunds or exchanges, that he or she does not allow refunds or exchanges by:
(a) Printing a statement on the face of the lease or sales receipt;
(b) Printing a statement on the face of the price tag; or
(c) Posting in an open and conspicuous place a sign at least 8 by 10 inches in size with boldface letters,
specifying that no refunds or exchanges are allowed.
13. Knowingly and willfully violates NRS 597.7118 or 597.7125.
14. Knowingly takes advantage of another person’s inability reasonably to protect his or her own rights or interests in a consumer transaction when such an inability is due to illiteracy, or to a mental or physical infirmity or another similar condition which manifests itself as an incapability to understand the language or terms of any agreement.
15. Charges a fee to a person to change or update any record, including, without limitation, billing or credit information, which relates to the person requesting the change or update, including, without limitation, in circumstances in which that person chooses to communicate regarding the change or update by speaking to a natural person by telephone in lieu of using an automated or computerized telephone system.
(Added to NRS by 1985, 2256; A 1987, 87; 1993, 1959; 1999, 3281; 2005, 1426; 2009, 2443; 2011, 266; 2017, 803, 1531)
Structure Nevada Revised Statutes
Chapter 598 - Deceptive Trade Practices
NRS 598.0901 - "Consumer Affairs Unit" or "Unit" defined.
NRS 598.0905 - "Advertisement" defined.
NRS 598.0907 - "Certification mark" defined.
NRS 598.091 - "Collective mark" defined.
NRS 598.0913 - "Commissioner" defined.
NRS 598.0915 - "Deceptive trade practice" defined.
NRS 598.0916 - "Deceptive trade practice" defined.
NRS 598.0917 - "Deceptive trade practice" defined.
NRS 598.0918 - "Deceptive trade practice" defined.
NRS 598.092 - "Deceptive trade practice" defined.
NRS 598.0921 - "Deceptive trade practice" defined.
NRS 598.09213 - "Deceptive trade practice" defined.
NRS 598.0922 - "Deceptive trade practice" defined.
NRS 598.09223 - "Deceptive trade practice" defined.
NRS 598.09227 - "Deceptive trade practice" defined.
NRS 598.0923 - "Deceptive trade practice" defined.
NRS 598.09235 - "Deceptive trade practice" defined.
NRS 598.0924 - "Deceptive trade practice" defined.
NRS 598.0925 - "Deceptive trade practice" defined.
NRS 598.0927 - "Director" defined.
NRS 598.0933 - "Elderly person" defined.
NRS 598.0934 - Goods" defined.
NRS 598.0935 - "Mark" defined.
NRS 598.0936 - "Person with a disability" defined.
NRS 598.0937 - "Property" defined.
NRS 598.0943 - "Service mark" defined.
NRS 598.0945 - "Trademark" defined.
NRS 598.0947 - "Trade name" defined.
NRS 598.0955 - Applicability of NRS 598.0903 to 598.0999, inclusive.
NRS 598.0957 - Director may delegate powers and duties.
NRS 598.0959 - Advisory committees: Creation and appointment; membership; compensation.
NRS 598.096 - Powers of Director, Commissioner and Attorney General.
NRS 598.0963 - Additional powers of Attorney General.
NRS 598.0967 - Commissioner and Director: Subpoenas; hearings; regulations.
NRS 598.097 - Commissioner, Director and Attorney General: Equitable relief.
NRS 598.09735 - Civil penalty for engaging in deceptive trade practice directed toward minor person.
NRS 598.0974 - Civil penalty prohibited under certain circumstances.
NRS 598.0979 - Restraining orders; injunctions; assurances of discontinuance.
NRS 598.098 - Use and disclosure of information by Commissioner or Director; regulations.
NRS 598.0983 - Actions by district attorney: Prerequisites.
NRS 598.0985 - Actions by district attorney: Injunctive relief.
NRS 598.0987 - Actions by district attorney: Preliminary notice required before filing; exception.
NRS 598.0989 - Actions by district attorney: Venue; powers of court.
NRS 598.099 - Injunctions without prior notice.
NRS 598.0993 - Relief for injured persons.
NRS 598.0995 - Assurances of discontinuance.
NRS 598.0997 - Service of notices.
NRS 598.0999 - Civil and criminal penalties for violations.
NRS 598.110 - Pyramid promotional schemes or endless chains are deceptive trade practices.
NRS 598.120 - Contracts and agreements voidable by participant.
NRS 598.130 - Injunctive relief; receivership.
NRS 598.1315 - "Advertisement" defined.
NRS 598.132 - "Advertiser" defined.
NRS 598.1325 - "Advertising premium" defined.
NRS 598.133 - "Merchandise" defined.
NRS 598.1335 - "Sale" defined.
NRS 598.134 - "Sales promotion" defined.
NRS 598.136 - Representation that person has won prize or is winner of contest.
NRS 598.137 - Representation that person has chance to receive prize.
NRS 598.138 - Representation that person has been specially selected.
NRS 598.139 - Violation constitutes deceptive trade practice.
NRS 598.150 - "Business day" defined.
NRS 598.160 - "Buyer" defined.
NRS 598.170 - "Consumer goods or services" defined.
NRS 598.180 - "Door-to-door sale" defined.
NRS 598.200 - "Place of business" defined.
NRS 598.210 - "Purchase price" defined.
NRS 598.220 - "Seller" defined.
NRS 598.230 - Right of buyer to rescind contract of sale; notice of rescission.
NRS 598.240 - Seller to furnish buyer copy of receipt or contract; required contents.
NRS 598.250 - Seller to furnish buyer form for notice of cancellation.
NRS 598.260 - Penalty for cancellation permitted; limitations.
NRS 598.2801 - Violation constitutes deceptive trade practice.
NRS 598.3971 - "Athletic contest" defined.
NRS 598.3972 - "Entertainment facility" defined.
NRS 598.3973 - "Internet robot" defined.
NRS 598.3974 - "Live entertainment event" defined.
NRS 598.39745 - "Primary ticket provider" defined.
NRS 598.3975 - "Resale" and "resell" defined.
NRS 598.3976 - "Reseller" defined.
NRS 598.39765 - "Rights holder" defined.
NRS 598.3977 - "Ticket" defined.
NRS 598.3979 - Prohibited acts relating to resale of tickets.
NRS 598.39795 - Resale of ticket without first disclosing total amount to be charged prohibited.
NRS 598.398 - Restrictions on use of Internet robots.
NRS 598.3982 - Civil action; venue; damages; certain natural persons immune.
NRS 598.3983 - Criminal penalty.
NRS 598.3984 - Criminal penalty for violations relating to certain government affiliated facilities.
NRS 598.416 - "Advertise" and "advertisement" defined.
NRS 598.425 - "Commissioner" defined.
NRS 598.435 - "Division" defined.
NRS 598.445 - "Sightseeing tour" defined.
NRS 598.455 - "Tour broker" defined.
NRS 598.465 - "Tour operator" defined.
NRS 598.515 - Release of security if tour broker or tour operator ceases to operate.
NRS 598.545 - "Buyer" defined.
NRS 598.555 - "Grant" defined.
NRS 598.565 - "Grant writing service" defined.
NRS 598.585 - Contracts for grant writing services: Requirements; content.
NRS 598.595 - Violation constitutes deceptive trade practice.
NRS 598.706 - "Commissioner" defined.
NRS 598.711 - "Division" defined.
NRS 598.716 - "Registrant" defined.
NRS 598.736 - Release of security if registrant ceases to operate or registration expires.
NRS 598.757 - Organization to provide buyer certain information in writing.
NRS 598.767 - Organization to maintain registered agent for service of legal process.
NRS 598.782 - Criminal penalty.
NRS 598.787 - Provisions and remedies not exclusive; violation constitutes deceptive trade practice.
NRS 598.8541 - Release of security if registrant ceases to operate or registration expires.
NRS 598.855 - Trust account required for payments on contracts.
NRS 598.860 - Trust account required for payments on goods and services.
NRS 598.865 - Administration of trust accounts; audits.
NRS 598.875 - Requirements for contracts for membership.
NRS 598.880 - Limits on contracts for membership.
NRS 598.885 - Cancellation of contract by buyer; notice required.
NRS 598.890 - Membership of buyer effective 7 days after contract signed.
NRS 598.895 - Refund required, if requested, for goods not delivered within 6 weeks.
NRS 598.900 - Untrue or misleading statements by organization prohibited; effect on contract.
NRS 598.905 - Correction of violations.
NRS 598.915 - Waiver of statutory rights is void.
NRS 598.930 - Remedies not exclusive; violation constitutes deceptive trade practice.
NRS 598.9403 - "Business day" defined.
NRS 598.9405 - "Buyer" defined.
NRS 598.9407 - "Commissioner" defined.
NRS 598.941 - "Dance studio" defined.
NRS 598.9413 - "Division" defined.
NRS 598.9415 - "Health club" defined.
NRS 598.9417 - "Pre-sale" defined.
NRS 598.9418 - "Registrant" defined.
NRS 598.944 - Registration of dance studio or health club required.
NRS 598.9476 - Release of security if registrant ceases to operate or registration expires.
NRS 598.948 - Requirements for contract between buyer and dance studio or health club.
NRS 598.950 - Cancellation of contract by buyer; notice required.
NRS 598.954 - Rights of buyer who becomes disabled during term of contract.
NRS 598.956 - Rights of buyer upon closure of dance studio or health club; election of remedies.
NRS 598.960 - Correction of violations.
NRS 598.962 - Waiver of provisions is void.
NRS 598.9682 - "Provider" defined.
NRS 598.9684 - "Telecommunication service" defined.
NRS 598.9691 - Regulations governing disclosures made by provider to customer.
NRS 598.9692 - Opportunity to freeze interexchange carrier.
NRS 598.9702 - "Consumer" defined.
NRS 598.9703 - "Creditor" defined.
NRS 598.9704 - "Dealer" defined.
NRS 598.9705 - "Device" defined.
NRS 598.9706 - "Electronic tracking technology" defined.
NRS 598.9707 - "Lease" defined.
NRS 598.9708 - "Long-term lessee" defined.
NRS 598.9709 - "Long-term lessor" defined.
NRS 598.9711 - "Retail buyer" defined.
NRS 598.9712 - "Retail installment contract" defined.
NRS 598.9713 - "Secured party" defined.
NRS 598.9714 - "Starter interruption technology" defined.
NRS 598.9717 - Responsibility for device.
NRS 598.9718 - Violation constitutes deceptive trade practice; remedies.
NRS 598.9731 - "Contract or agreement" defined.
NRS 598.9737 - Elements of translated contract or agreement permitted to be retained in English.
NRS 598.9739 - Right of aggrieved party to rescind contract or agreement.
NRS 598.9802 - "Commission" defined.
NRS 598.9803 - "Disclosure" defined.
NRS 598.9804 - "Distributed generation system" defined.
NRS 598.9805 - "Host customer" defined.
NRS 598.9806 - "Portfolio energy credit" defined.
NRS 598.9807 - "Power purchase agreement" defined.
NRS 598.9808 - "Solar installation company" defined.
NRS 598.9809 - Agreement for lease of distributed generation system: Cover page.
NRS 598.9811 - Agreement for lease of distributed generation system: Contents.
NRS 598.9812 - Agreement for lease of distributed generation system: Disclosure.
NRS 598.9813 - Agreement for purchase of distributed generation system: Cover page.
NRS 598.9814 - Agreement for purchase of distributed generation system: Contents.
NRS 598.9815 - Agreement for purchase of distributed generation system: Disclosure.
NRS 598.9816 - Power purchase agreement: Cover page.
NRS 598.9817 - Power purchase agreement: Contents.
NRS 598.9818 - Power purchase agreement: Disclosure.
NRS 598.9819 - Utility rates disclosure required in agreement in certain circumstances.
NRS 598.9821 - Certain express warranties required in agreement; exception.