1. Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive.
2. Except as otherwise provided in NRS 598.0974, in any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this State or the Attorney General bringing the action may recover a civil penalty not to exceed $5,000 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.
3. A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:
(a) For an offense involving a loss of property or services valued at $1,200 or more but less than $5,000, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) For an offense involving a loss of property or services valued at $5,000 or more but less than $25,000, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(c) For an offense involving a loss of property or services valued at $25,000 or more but less than $100,000, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
(d) For an offense involving a loss of property or services valued at $100,000 or more, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and by a fine of not more than $15,000.
(e) For any offense other than an offense described in paragraphs (a) to (d), inclusive, is guilty of a misdemeanor.
The court may require the natural person, firm, or officer or managing agent of the corporation or association to pay to the aggrieved party damages on all profits derived from the knowing and willful engagement in a deceptive trade practice and treble damages on all damages suffered by reason of the deceptive trade practice.
4. If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, 598.840 to 598.966, inclusive, or 598.9701 to 598.9718, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:
(a) The suspension of the person’s privilege to conduct business within this State; or
(b) If the defendant is a corporation, dissolution of the corporation.
The court may grant or deny the relief sought or may order other appropriate relief.
5. If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:
(a) The suspension of the person’s privilege to conduct business within this State; or
(b) If the defendant is a corporation, dissolution of the corporation.
The court may grant or deny the relief sought or may order other appropriate relief.
6. In an action brought by the Commissioner or the Attorney General pursuant to subsection 4 or 5, process may be served by an employee of the Consumer Affairs Unit of the Department of Business and Industry or an employee of the Attorney General.
7. As used in this section:
(a) "Property" has the meaning ascribed to it in NRS 193.0225.
(b) "Services" has the meaning ascribed to it in NRS 205.0829.
(c) "Value" means the fair market value of the property or services at the time the deceptive trade practice occurred. The value of a written instrument which does not have a readily ascertainable market value is the greater of the face amount of the instrument less the portion satisfied or the amount of economic loss to the owner of the instrument resulting from the deprivation of the instrument. The trier of fact shall determine the value of all other property whose value is not readily ascertainable, and may, in making that determination, consider all relevant evidence, including evidence of the value of the property to its owner.
(Added to NRS by 1973, 1488; A 1983, 885; 1985, 1483, 2255, 2260; 1993, 1957; 1995, 1306, 2176; 1997, 603; 1999, 3334; 2001, 482, 660, 982, 2150; 2003, 1824, 2875, 2887; 2005, 1229, 1251, 1430; 2007, 741; 2009, 1191, 2716; 2011, 2652; 2013, 1033, 1054; 2015, 3653; 2017, 1312, 1535, 4062, 4353; 2021, 1351, 1451)
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.