Title 52

NRS 598.091 “Collective mark” defined. “Collective mark” means a mark used by members of a cooperative, association or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group…

NRS 598.0913 “Commissioner” defined. “Commissioner” means the Commissioner of Consumer Affairs. (Added to NRS by 1973, 1483; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; A 2015, 3652, 3653)

NRS 598.0915 “Deceptive trade practice” defined. A person engages in a “deceptive trade practice” if, in the course of his or her business or occupation, he or she: 1. Knowingly passes off goods or services for sale or lease as those of another person. 2. Knowingly makes a false …

NRS 598.0916 “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 disseminates an unsolicited prerecorded message to solicit a person to purchase goods or services by telephone and…

NRS 598.0917 “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 employs “bait and switch” advertising, which consists of an offer to sell or lease goods or services which the selle…

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 con…

NRS 598.092 “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: 1. Knowingly fails to identify goods for sale or lease as being damaged by water. 2. Solicits by telephone or door t…

NRS 598.0921 “Deceptive trade practice” defined. 1. A person engages in a “deceptive trade practice” if, in the course of his or her business or occupation: (a) He or she issues a gift certificate that expires on a certain date, unless either of the following is printed plainly a…

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 incentiv…

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 …

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; …

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)

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…

NRS 598.09235 “Deceptive trade practice” defined. 1. A person engages in a “deceptive trade practice” when, during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070 that has been in effect for 75 days or less, the person sells, rents or offers to …

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 i…

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 f…

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)

NRS 598.0933 “Elderly person” defined. “Elderly person” means a person who is 60 years of age or older. (Added to NRS by 1993, 1978; A 2003, 2569)

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)

NRS 598.0935 “Mark” defined. “Mark” means a word, name, symbol, device or any combination of the foregoing in any form or arrangement. (Added to NRS by 1973, 1484)

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 hav…

NRS 598.0937 “Property” defined. “Property” means any real or personal property, or both real and personal property, intangible property or services. (Added to NRS by 1973, 1484)

NRS 598.094 “Sale” defined. “Sale” includes any sale, offer for sale or attempt to sell any property for any consideration. (Added to NRS by 1973, 1484)

NRS 598.0943 “Service mark” defined. “Service mark” means a mark used by a person to identify services and to distinguish them from the services of others. (Added to NRS by 1973, 1484)

NRS 598.0945 “Trademark” defined. “Trademark” means a mark used by a person to identify goods and to distinguish them from the goods of others. (Added to NRS by 1973, 1484)

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. (Adde…

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…

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) Pu…

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 N…

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 …

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 repo…

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…

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 re…

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 intel…

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 o…

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 Dire…

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 …

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 598.0…

NRS 598.0971 Orders for enforcement: Authority of Commissioner, Attorney General and Director or designee; judicial review and enforcement; administrative fine; civil penalty and equitable relief. 1. If, after an investigation, the Commissioner or Attorney General has reasonable …

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 …

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 desi…

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 Atto…

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 collec…

NRS 598.0977 Civil action by elderly person or person with disability against person who engaged in deceptive trade practice; remedies. Except as otherwise provided in NRS 603A.550, if an elderly person or a person with a disability suffers damage or injury as a result of a decep…

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 deceptiv…

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 inform…