Advanced Search

Nrs: Chapter 598 - Deceptive Trade Practices


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
[Rev. 2/11/2015 11:30:30

AM--2014R2]

CHAPTER 598 - DECEPTIVE TRADE PRACTICES

GENERAL PROVISIONS

NRS 598.0903         Definitions.



NRS 598.0905         “Advertisement”

defined.

NRS 598.0907         “Certification

mark” defined.

NRS 598.091           “Collective

mark” defined.

NRS 598.0913         “Commissioner”

defined. [Effective July 1, 2015.]

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 598.0922         “Deceptive

trade practice” defined.

NRS 598.0923         “Deceptive

trade practice” defined.

NRS 598.0924         “Deceptive

trade practice” defined.

NRS 598.0925         “Deceptive

trade practice” defined. [Effective through June 30, 2015.]

NRS 598.0925         “Deceptive

trade practice” defined. [Effective July 1, 2015.]

NRS 598.0927         “Director”

defined. [Effective July 1, 2015.]

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 598.094           “Sale”

defined.

NRS 598.0943         “Service

mark” defined.

NRS 598.0945         “Trademark”

defined.

NRS 598.0947         “Trade

name” defined.

NRS 598.0953         Engaging

in deceptive trade practice prima facie evidence of intent to injure

competitor; other rights of action not limited.

NRS 598.0955         Applicability

of NRS 598.0903 to 598.0999,

inclusive.

NRS 598.0957         Director

may delegate powers and duties. [Effective July 1, 2015.]

NRS 598.0959         Advisory

committees: Creation and appointment; membership; compensation. [Effective July

1, 2015.]

NRS 598.096           Powers

of Attorney General. [Effective through June 30, 2015.]

NRS 598.096           Powers

of Director, Commissioner and Attorney General. [Effective July 1, 2015.]

NRS 598.0963         Additional

powers of Attorney General. [Effective through June 30, 2015.]

NRS 598.0963         Additional

powers of Attorney General. [Effective July 1, 2015.]

NRS 598.0964         Use

and sharing of confidential information by Attorney General; cooperation

between Attorney General and other agencies and officials.

NRS 598.0965         Commissioner

or Director to provide investigative assistance to Attorney General; legal

advice and guidance by Attorney General. [Effective July 1, 2015.]

NRS 598.0966         Revolving

account for Consumer Affairs Division: Creation; use; deposits; withdrawals;

reimbursement; duties of Commissioner. [Effective July 1, 2015.]

NRS 598.0967         Commissioner

and Director: Subpoenas; hearings; regulations. [Effective July 1, 2015.]

NRS 598.097           Attorney

General: Equitable relief. [Effective through June 30, 2015.]

NRS 598.097           Commissioner,

Director and Attorney General: Equitable relief. [Effective July 1, 2015.]

NRS 598.0971         Orders

for enforcement: Authority of Commissioner; judicial review and enforcement;

civil penalty and equitable relief. [Effective July 1, 2015.]

NRS 598.0973         Civil

penalty for engaging in deceptive trade practice directed toward elderly person

or person with disability.

NRS 598.0974         Civil

penalty prohibited under certain circumstances. [Effective through June 30,

2015.]

NRS 598.0974         Civil

penalty prohibited under certain circumstances. [Effective July 1, 2015.]

NRS 598.0975         Deposit

and use of money collected pursuant to NRS 598.0903

to 598.0999, inclusive. [Effective through June

30, 2015.]

NRS 598.0975         Deposit

and use of money collected pursuant to NRS 598.0903

to 598.0999, inclusive. [Effective July 1, 2015.]

NRS 598.0977         Civil

action by elderly person or person with disability against person who engaged

in deceptive trade practice; remedies.

NRS 598.0979         Restraining

orders; injunctions; assurances of discontinuance. [Effective July 1, 2015.]

NRS 598.098           Disclosure

of information by Commissioner or Director; regulations. [Effective July 1,

2015.]

NRS 598.0983         Actions

by district attorney: Prerequisites. [Effective through June 30, 2015.]

NRS 598.0983         Actions

by district attorney: Prerequisites. [Effective July 1, 2015.]

NRS 598.0985         Actions

by district attorney: Injunctive relief. [Effective through June 30, 2015.]

NRS 598.0985         Actions

by district attorney: Injunctive relief. [Effective July 1, 2015.]

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. [Effective through June 30, 2015.]

NRS 598.099           Injunctions

without prior notice. [Effective July 1, 2015.]

NRS 598.0993         Relief

for injured persons. [Effective through June 30, 2015.]

NRS 598.0993         Relief

for injured persons. [Effective July 1, 2015.]

NRS 598.0995         Assurances

of discontinuance. [Effective through June 30, 2015.]

NRS 598.0995         Assurances

of discontinuance. [Effective July 1, 2015.]

NRS 598.0997         Service

of notices.

NRS 598.0999         Civil

and criminal penalties for violations. [Effective through June 30, 2015.]

NRS 598.0999         Civil

and criminal penalties for violations. [Effective July 1, 2015.]

PYRAMID PROMOTIONAL SCHEMES; ENDLESS CHAINS

NRS 598.100           Definitions.

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.

SOLICITATIONS FOR OR ON BEHALF OF CHARITABLE ORGANIZATIONS

NRS 598.1305         Required

disclosures; prohibited acts; jurisdiction of Attorney General; violation

constitutes deceptive trade practice.

SALES PROMOTIONS

NRS 598.131           Definitions.

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 598.135           Scope.

[Effective through June 30, 2015.]

NRS 598.135           Scope.

[Effective July 1, 2015.]

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.

DOOR-TO-DOOR SALES

NRS 598.140           Definitions.

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 598.280           Unlawful

acts.

NRS 598.2801         Violation

constitutes deceptive trade practice.

SELLERS OF TRAVEL

General Provisions

NRS 598.305           Definitions.

[Effective July 1, 2015.]

NRS 598.307           “Account”

defined. [Effective July 1, 2015.]

NRS 598.315           “Commissioner”

defined. [Effective July 1, 2015.]

NRS 598.317           “Consumer”

defined. [Effective July 1, 2015.]

NRS 598.325           “Division”

defined. [Effective July 1, 2015.]

NRS 598.335           “Seller

of travel” defined. [Effective July 1, 2015.]

NRS 598.345           “Travel

services” defined. [Effective July 1, 2015.]

NRS 598.356           “Vacation

certificate” defined. [Effective July 1, 2015.]

NRS 598.361           Seller

to maintain trust account; exception. [Effective July 1, 2015.]

NRS 598.365           Seller

to register, deposit security and pay fees before advertising services or

conducting business in this State; certificate of registration; renewal of

certificate. [Effective July 1, 2015.]

NRS 598.366           Seller

to include registration number in advertising; form. [Effective July 1, 2015.]

NRS 598.367           Seller

to display notice of Recovery Fund; penalty. [Effective July 1, 2015.]

 

Recovery Fund

NRS 598.371           Administration

of Fund: Separate accounting; limitations on use. [Effective July 1, 2015.]

NRS 598.372           Administration

of Fund: Report to Legislature; employment of persons; interest on money;

limitations on balance; regulations. [Effective July 1, 2015.]

NRS 598.373           Recovery

from Fund: Deadline for complaint; hearing; judgment of court; action by

Division. [Effective July 1, 2015.]

NRS 598.374           Recovery

from Fund: Eligibility; limitations on payment; subrogation of claim.

[Effective July 1, 2015.]

 

Security Deposited by Seller

NRS 598.375           Security

required for registration: Form; term; amount; records; rejection for

nonconformance; change in form; inadequate amount; exception. [Effective July

1, 2015.]

NRS 598.385           Rights

and remedies of injured consumers; resolution by Division of claims against

security; regulations. [Effective July 1, 2015.]

NRS 598.395           Release

of security if seller ceases to operate or registration expires. [Effective

July 1, 2015.]

SIGHTSEEING TOURS

NRS 598.405           Definitions.

[Effective July 1, 2015.]

NRS 598.416           “Advertise”

and “advertisement” defined. [Effective July 1, 2015.]

NRS 598.425           “Commissioner”

defined. [Effective July 1, 2015.]

NRS 598.435           “Division”

defined. [Effective July 1, 2015.]

NRS 598.445           “Sightseeing

tour” defined. [Effective July 1, 2015.]

NRS 598.455           “Tour

broker” defined. [Effective July 1, 2015.]

NRS 598.465           “Tour

operator” defined. [Effective July 1, 2015.]

NRS 598.471           Tour

broker and tour operator to register, pay fee and, if applicable, deposit

security before advertising services or conducting business in this State;

certificate of registration; renewal of certificate. [Effective July 1, 2015.]

NRS 598.475           Tour

broker and tour operator required to disclose total price in advertisement and

prohibited from charging higher amount; notice required on billing invoice;

tour broker and tour operator required to honor valid coupon; violation

constitutes deceptive trade practice. [Effective through June 30, 2015.]

NRS 598.475           Tour

broker and tour operator required to disclose total price in advertisement and

prohibited from charging higher amount; notice required on billing invoice;

tour broker and tour operator required to honor valid coupon; violation

constitutes deceptive trade practice. [Effective July 1, 2015.]

NRS 598.485           Applicability

of provisions limited to tour brokers and tour operators operating in certain

counties. [Effective July 1, 2015.]

NRS 598.495           Security

required to be deposited by tour broker and tour operator: Form; term; amount;

records; rejection for nonconformance; change in form; inadequate amount.

[Effective July 1, 2015.]

NRS 598.506           Rights

and remedies of injured consumers; resolution by Division of claims against

security; regulations. [Effective July 1, 2015.]

NRS 598.515           Release

of security if tour broker or tour operator ceases to operate. [Effective July

1, 2015.]

NRS 598.525           Regulations.

[Effective July 1, 2015.]

GRANT WRITING SERVICES

NRS 598.535           Definitions.

NRS 598.545           “Buyer”

defined.

NRS 598.555           “Grant”

defined.

NRS 598.565           “Grant

writing service” defined.

NRS 598.575           Applicability.

NRS 598.585           Contracts

for grant writing services: Requirements; content.

NRS 598.595           Violation

constitutes deceptive trade practice.

CREDIT SERVICE ORGANIZATIONS, ORGANIZATIONS FOR BUYING GOODS

OR SERVICES AT DISCOUNT, DANCE STUDIOS AND HEALTH CLUBS

General Provisions

NRS 598.701           Definitions.

NRS 598.706           “Commissioner”

defined.

NRS 598.711           “Division”

defined.

NRS 598.716           “Registrant”

defined.

NRS 598.721           Registration:

Application; fee; deposit of security; certificate of registration; renewal of

certificate.

NRS 598.726           Security

required for registration: Form; term; records; rejection for nonconformance;

change in form; inadequate amount.

NRS 598.731           Rights

and remedies of injured consumers; resolution by Division of claims against

security; regulations.

NRS 598.736           Release

of security if registrant ceases to operate or registration expires.

 

Credit Service Organizations

NRS 598.741           Definitions.

NRS 598.746           Prohibited

acts: Receiving money before complete performance; receiving money for referral

to provider of credit; misleading statements; other fraudulent or deceptive

acts.

NRS 598.752           Organization

to register and deposit security before advertising services or conducting

business in this State; separate security not required from salesperson, agent

or representative of organization; regulations.

NRS 598.757           Organization

to provide buyer certain information in writing.

NRS 598.762           Requirements

of contract for purchase of services; copy of contract must be retained by

organization.

NRS 598.767           Organization

to maintain registered agent for service of legal process.

NRS 598.772           Waiver

of statutory rights prohibited; burden of proof upon person claiming exemption

or exception from definition.

NRS 598.777           Buyer’s

action for recovery of damages or injunctive relief; attorney’s fees; punitive

damages.

NRS 598.782           Criminal

penalty.

NRS 598.787           Provisions

and remedies not exclusive; violation constitutes deceptive trade practice.

 

Organizations for Buying Goods or Services at Discount

NRS 598.840           Definitions.

[Effective through June 30, 2015.]

NRS 598.840           Definitions.

[Effective July 1, 2015.]

NRS 598.845           Scope.

[Effective July 1, 2015.]

NRS 598.851           Organization

to register and post security before advertising services or conducting

business in this State. [Effective July 1, 2015.]

NRS 598.852           Organization

to register on prescribed form and pay fee; certificate of registration;

renewal of certificate. [Effective July 1, 2015.]

NRS 598.853           Security

required for registration: Form; term; records; rejection for nonconformance;

change in form; inadequate amount. [Effective July 1, 2015.]

NRS 598.854           Rights

and remedies of injured consumers; resolution by Division of claims against

security; regulations. [Effective July 1, 2015.]

NRS 598.8541         Release

of security if registrant ceases to operate or registration expires. [Effective

July 1, 2015.]

NRS 598.855           Trust

account required for payments on contracts. [Effective July 1, 2015.]

NRS 598.860           Trust

account required for payments on goods and services. [Effective July 1, 2015.]

NRS 598.865           Administration

of trust accounts; audits. [Effective July 1, 2015.]

NRS 598.870           Disclosure

of information to buyer required before buyer signs contract or application for

membership.

NRS 598.875           Requirements

for contracts for membership. [Effective through June 30, 2015.]

NRS 598.875           Requirements

for contracts for membership. [Effective July 1, 2015.]

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 598.910           Effect

of transfer by organization of its obligation to provide goods or services;

circumstances under which buyer may rescind contract.

NRS 598.915           Waiver

of statutory rights is void. [Effective July 1, 2015.]

NRS 598.920           Actions

against organization; restitution, treble damages, attorney’s fees and costs

may be awarded.

NRS 598.930           Remedies

not exclusive; violation constitutes deceptive trade practice. [Effective through

June 30, 2015.]

NRS 598.930           Remedies

not exclusive; violation constitutes deceptive trade practice. [Effective July

1, 2015.]

 

Dance Studios and Health Clubs

NRS 598.940           Definitions.

NRS 598.9403         “Business

day” defined.

NRS 598.9405         “Buyer”

defined.

NRS 598.9407         “Commissioner”

defined. [Effective July 1, 2015.]

NRS 598.941           “Dance

studio” defined.

NRS 598.9413         “Division”

defined. [Effective July 1, 2015.]

NRS 598.9415         “Health

club” defined.

NRS 598.9417         “Pre-sale”

defined.

NRS 598.9418         “Registrant”

defined. [Effective July 1, 2015.]

NRS 598.942           Scope.

NRS 598.944           Registration

of dance studio or health club required. [Effective July 1, 2015.]

NRS 598.946           Owner

of dance studio or health club to register and deposit security before

advertising services or conducting business in this State: Amount of security;

adjustment of security; exception from requirement to deposit security.

[Effective July 1, 2015.]

NRS 598.947           Dance

studio or health club to register on prescribed form and pay fee; certificate

of registration; renewal of certificate. [Effective July 1, 2015.]

NRS 598.9472         Security

required for registration: Form; term; records; rejection for nonconformance;

change in form; inadequate amount. [Effective July 1, 2015.]

NRS 598.9474         Rights

and remedies of injured consumers; resolution by Division of claims against

security; regulations. [Effective July 1, 2015.]

NRS 598.9476         Release

of security if registrant ceases to operate or registration expires. [Effective

July 1, 2015.]

NRS 598.948           Requirements

for contract between buyer and dance studio or health club. [Effective through

June 30, 2015.]

NRS 598.948           Requirements

for contract between buyer and dance studio or health club. [Effective July 1,

2015.]

NRS 598.950           Cancellation

of contract by buyer; notice required.

NRS 598.952           False

or misleading representations by dance studio or health club prohibited; effect

on contract.

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 598.958           Rights

of buyer when dance studio or health club transfers its obligations or moves

its place of business.

NRS 598.960           Correction

of violations.

NRS 598.962           Waiver

of provisions is void.

NRS 598.966           Remedies,

duties and prohibitions not exclusive; violation constitutes deceptive trade

practice. [Effective through June 30, 2015.]

NRS 598.966           Remedies,

duties and prohibitions not exclusive; violation constitutes deceptive trade

practice. [Effective July 1, 2015.]

PROVISION OF TELECOMMUNICATION SERVICES

NRS 598.968           Definitions.

NRS 598.9682         “Provider”

defined.

NRS 598.9684         “Telecommunication

service” defined.

NRS 598.969           Prohibited

acts: Changing a customer’s carrier without timely authorization; failure to

provide timely written notices and confirmations; engaging in other fraudulent

or deceptive acts; proposing contract to waive or authorize violations of the

protections of this section.

NRS 598.9691         Regulations

governing disclosures made by provider to customer.

NRS 598.9692         Opportunity

to freeze interexchange carrier.

NRS 598.9694         Remedies,

duties and prohibitions not exclusive; violation constitutes deceptive trade

practice.

_________

_________

 

GENERAL PROVISIONS

      NRS 598.0903  Definitions.  As

used in NRS 598.0903 to 598.0999,

inclusive, unless the context otherwise requires, the words and terms defined

in NRS 598.0905 to 598.0947,

inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1973, 1482; A 1983, 881; 1985, 1480, 2256; 1989, 649; 1993, 1979; 1995, 2174; 1997, 158; 1999, 3334; 2001, 660; 2003, 587; 2005, 1227, 1249; 2007, 738; 2009, 1188;

2013, 1031)

      NRS 598.0905  “Advertisement” defined.  “Advertisement”

means the attempt by publication, dissemination, solicitation or circulation to

induce, directly or indirectly, any person to enter into any obligation to

lease or to acquire any title or interest in any property.

      (Added to NRS by 1973, 1482; A 1999, 3280)

      NRS 598.0907  “Certification mark” defined.  “Certification

mark” means a mark used in connection with the goods or services of a person

other than the certifier to indicate geographic origin, material, mode of

manufacture, quality, accuracy or other characteristics of the goods or

services or to indicate that the work or labor on the goods or services was

performed by members of a union or other organization.

      (Added to NRS by 1973, 1482)

      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 or

organization.

      (Added to NRS by 1973, 1483)

      NRS 598.0913  “Commissioner” defined. [Effective July 1, 2015.]  “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,

expires by limitation on June 30, 2015)

      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 representation

as to the source, sponsorship, approval or certification of goods or services

for sale or lease.

      3.  Knowingly makes a false representation

as to affiliation, connection, association with or certification by another

person.

      4.  Uses deceptive representations or

designations of geographic origin in connection with goods or services for sale

or lease.

      5.  Knowingly makes a false representation

as to the characteristics, ingredients, uses, benefits, alterations or quantities

of goods or services for sale or lease or a false representation as to the

sponsorship, approval, status, affiliation or connection of a person therewith.

      6.  Represents that goods for sale or lease

are original or new if he or she knows or should know that they are

deteriorated, altered, reconditioned, reclaimed, used or secondhand.

      7.  Represents that goods or services for

sale or lease are of a particular standard, quality or grade, or that such

goods are of a particular style or model, if he or she knows or should know

that they are of another standard, quality, grade, style or model.

      8.  Disparages the goods, services or

business of another person by false or misleading representation of fact.

      9.  Advertises goods or services with

intent not to sell or lease them as advertised.

      10.  Advertises goods or services for sale

or lease with intent not to supply reasonably expectable public demand, unless

the advertisement discloses a limitation of quantity.

      11.  Advertises goods or services as being

available free of charge with intent to require payment of undisclosed costs as

a condition of receiving the goods or services.

      12.  Advertises under the guise of

obtaining sales personnel when the purpose is to first sell or lease goods or

services to the sales personnel applicant.

      13.  Makes false or misleading statements

of fact concerning the price of goods or services for sale or lease, or the

reasons for, existence of or amounts of price reductions.

      14.  Fraudulently alters any contract,

written estimate of repair, written statement of charges or other document in

connection with the sale or lease of goods or services.

      15.  Knowingly makes any other false

representation in a transaction.

      16.  Knowingly falsifies an application for

credit relating to a retail installment transaction, as defined in NRS 97.115.

      (Added to NRS by 1973, 1483; A 1983, 881; 1985, 2256; 1995, 1094; 1997, 1375; 1999, 3280; 2001, 489, 2149)

      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 he

or she does not have a preexisting business relationship with the person being

called unless a recorded or unrecorded natural voice:

      1.  Informs the person who answers the

telephone call of the nature of the call; and

      2.  Provides to the person who answers the

telephone call the name, address and telephone number of the business or

organization, if any, represented by the caller.

      (Added to NRS by 1999, 3332)

      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 seller or

lessor in truth may not intend or desire to sell or lease, accompanied by one

or more of the following practices:

      1.  Refusal to show the goods advertised.

      2.  Disparagement in any material respect

of the advertised goods or services or the terms of sale or lease.

      3.  Requiring other sales or other

undisclosed conditions to be met before selling or leasing the advertised goods

or services.

      4.  Refusal to take orders for the sale or

lease of goods or services advertised for delivery within a reasonable time.

      5.  Showing or demonstrating defective

goods for sale or lease which are unusable or impractical for the purposes set

forth in the advertisement.

      6.  Accepting a deposit for the goods or

services for sale or lease and subsequently switching the purchase order or

lease to higher priced goods or services.

      7.  Tendering a lease of goods advertised

for sale or a sale of goods advertised for lease or tendering terms of sale or

lease less favorable than the terms advertised.

      (Added to NRS by 1985, 2255; A 1993, 1959; 1999, 3281)

      NRS 598.0918  “Deceptive trade practice” defined.  A

person engages in a “deceptive trade practice” if, during a solicitation by

telephone or 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; or

      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.

      (Added to NRS by 2001, 659; A 2003, 2875)

      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 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.  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,

Ê specifying

that no refunds or exchanges are allowed.

      11.  Knowingly and willfully violates NRS 597.7118 or 597.7125.

      12.  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.

      (Added to NRS by 1985, 2256; A 1987, 87; 1993, 1959; 1999, 3281; 2005, 1426; 2009, 2443;

2011, 266)

      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

and conspicuously on the front or back of the gift certificate in at least

10-point font and in such a manner that the print is readily visible to the

buyer of the gift certificate before the buyer purchases the gift certificate:

             (1) The expiration date of the gift

certificate; or

             (2) A toll-free telephone number

accompanied by a statement setting forth that the buyer or holder of the gift

certificate may call the telephone number to obtain the balance of the gift

certificate and the expiration date of the gift certificate;

      (b) He or she imposes upon the buyer or holder of

a gift certificate a service fee, unless each of the following is printed

plainly and conspicuously on the front or back of the gift certificate in at

least 10-point font and in such a manner that the print is readily visible to

the buyer of the gift certificate before the buyer purchases the gift

certificate:

             (1) The amount of the service fee;

             (2) The event or events that will cause

the service fee to be imposed;

             (3) The frequency with which the service

fee will be imposed; and

             (4) If the service fee will be imposed on

the basis of inactivity, the duration of inactivity, which must not be less

than 3 continuous years of nonuse, that will cause the service fee to be

imposed; or

      (c) Regardless of the notice provided, he or she

imposes upon the buyer or holder of a gift certificate:

             (1) A service fee or a combination of

service fees that exceed a total of $1 per month; or

             (2) A service fee that commences or is

imposed within the first 12 months after the issuance of the gift certificate.

      2.  The provisions of this section do not

apply to:

      (a) A gift certificate that is issued as part of

an award, loyalty, promotional, rebate, incentive or reward program and for

which issuance the issuer does not receive money or any other thing of value;

      (b) A gift certificate that is sold at a reduced

price to an employer or nonprofit or charitable organization, if the expiration

date of the gift certificate is not more than 30 days after the date of sale;

and

      (c) A gift certificate that is issued by an

establishment licensed pursuant to the provisions of chapter 463 of NRS.

      3.  As used in this section:

      (a) “Gift certificate” means an instrument or a

record evidencing a promise by the seller or issuer of the instrument or record

to provide goods or services to the holder of the gift certificate for the

value shown in, upon or ascribed to the instrument or record and for which the value

shown in, upon or ascribed to the instrument or record is decreased in an

amount equal to the value of goods or services provided by the issuer or seller

to the holder. The term includes, without limitation, a gift card, certificate

or similar instrument. The term does not include:

             (1) An instrument or record for prepaid

telecommunications or technology services, including, without limitation, a

card for prepaid telephone services, a card for prepaid technical support

services and an instrument for prepaid Internet service purchased or otherwise

distributed to a consumer of such services, including, without limitation, as part

of an award, loyalty, promotional or reward program; or

             (2) An instrument or record, by whatever

name called, that may be used to obtain goods or services from more than one

person or business entity, if the expiration date is printed plainly and

conspicuously on the front or back of the instrument or record.

      (b) “Issue” means to sell or otherwise provide a

gift certificate to any person and includes, without limitation, adding value

to an existing gift certificate.

      (c) “Record” means information which is inscribed

on a tangible medium or which is stored in an electronic or other medium,

including, without limitation, information stored on a microprocessor chip or

magnetic strip, and is retrievable in perceivable form.

      (d) “Service fee” means any charge or fee other

than the charge or fee imposed for the issuance of the gift certificate,

including, without limitation, a service fee imposed on the basis of inactivity

or any other type of charge or fee imposed after the sale of the gift

certificate.

      (Added to NRS by 2005, 1226; A 2007, 308)

      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)

      NRS 598.0923  “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:

      1.  Conducts the business or occupation

without all required state, county or city licenses.

      2.  Fails to disclose a material fact in

connection with the sale or lease of goods or services.

      3.  Violates a state or federal statute or

regulation relating to the sale or lease of goods or services.

      4.  Uses coercion, duress or intimidation

in a transaction.

      5.  As the seller in a land sale

installment contract, fails to:

      (a) Disclose in writing to the buyer:

             (1) Any encumbrance or other legal

interest in the real property subject to such contract; or

             (2) Any condition known to the seller that

would affect the buyer’s use of such property.

      (b) Disclose the nature and extent of legal

access to the real property subject to such agreement.

      (c) 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.

      (d) Pay the tax imposed on the land sale

installment contract pursuant to chapter 375

of NRS.

      (e) 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.

Ê As used in

this subsection, “land sale installment contract” has the meaning ascribed to

it in paragraph (d) of subsection 1 of NRS

375.010.

      (Added to NRS by 1985, 2256; A 1999, 3282; 2009, 1118)

      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)

      NRS 598.0925  “Deceptive trade practice” defined. [Effective through June 30,

2015.]

      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 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)

      NRS 598.0925  “Deceptive trade

practice” defined. [Effective July 1, 2015.]

      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,

effective July 1, 2015)

      NRS 598.0927  “Director” defined. [Effective July 1, 2015.]  “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, expires by limitation on June 30, 2015)

      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 having such an

impairment.

      (Added to NRS by 1993, 1978)—(Substituted

in revision for NRS 598.093)

      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.

      (Added to NRS by 1973, 1484)

      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)

      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)

      NRS 598.0957  Director may delegate powers and duties. [Effective July 1,

2015.]  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, expires by limitation on June 30, 2015)

      NRS 598.0959  Advisory committees: Creation and appointment; membership;

compensation. [Effective July 1, 2015.]  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.

Ê 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, expires by limitation on June 30, 2015)

      NRS 598.096  Powers of Attorney General. [Effective through June 30, 2015.]  When the 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 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 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

Attorney General, 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.

      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 Attorney General and the court give the

accused full opportunity to be heard; and

      (b) The 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)

      NRS 598.096  Powers of Director,

Commissioner and Attorney General. [Effective July 1, 2015.]  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 Division 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,

effective July 1, 2015)

      NRS 598.0963  Additional powers of Attorney General. [Effective through June

30, 2015.]

      1.  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.

      2.  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.

      3.  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)

      NRS 598.0963  Additional powers of

Attorney General. [Effective July 1, 2015.]

      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.

      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,

effective July 1, 2015)

      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)

      NRS 598.0965  Commissioner or Director to provide investigative assistance to

Attorney General; legal advice and guidance by Attorney General. [Effective

July 1, 2015.]

      1.  Within the limits of legislative

appropriation and the availability of personnel, 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, expires by limitation on June 30, 2015)

      NRS 598.0966  Revolving account for Consumer Affairs Division: Creation; use;

deposits; withdrawals; reimbursement; duties of Commissioner. [Effective July

1, 2015.]

      1.  There is hereby created a revolving

account for the Consumer Affairs Division of the Department of Business and

Industry in the sum of $7,500, which must be used for the payment of expenses

related to conducting an undercover investigation of a person who is allegedly

engaging in a deceptive trade practice.

      2.  The Commissioner shall deposit the

money in the revolving account in a bank or credit union qualified to receive

deposits of public money as provided by law, and the deposit must be secured by

a depository bond satisfactory to the State Board of Examiners.

      3.  The Commissioner or the designee of the

Commissioner may:

      (a) Sign all checks drawn upon the revolving

account; and

      (b) Make withdrawals of cash from the revolving

account.

      4.  Payments made from the revolving

account must be promptly reimbursed from the legislative appropriation, if any,

to the Consumer Affairs Division for the expenses related to conducting an

undercover investigation of a person who is allegedly engaging in a deceptive

trade practice. The claim for reimbursement must be processed and paid as other

claims against the State are paid.

      5.  The Commissioner shall:

      (a) Approve any disbursement from the revolving

account; and

      (b) Maintain records of any such disbursement.

      (Added to NRS by 1997, 157; A 1999, 1516; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.0967  Commissioner and Director: Subpoenas; hearings; regulations.

[Effective July 1, 2015.]

      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.  Service of any notice or subpoena must

be made as provided in N.R.C.P. 45(c).

      (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,

expires by limitation on June 30, 2015)

      NRS 598.097  Attorney General: Equitable relief. [Effective through June 30,

2015.]  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 Attorney

General pursuant to NRS 598.0963, the 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.  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)

      NRS 598.097  Commissioner, Director

and Attorney General: Equitable relief. [Effective July 1, 2015.]  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.  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,

effective July 1, 2015)

      NRS 598.0971  Orders for enforcement: Authority of Commissioner; judicial

review and enforcement; civil penalty and equitable relief. [Effective July 1,

2015.]

      1.  If, after an investigation, the

Commissioner has reasonable cause to believe that any person has been engaged

or is engaging in any deceptive trade practice in violation of NRS 598.0903 to 598.0999,

inclusive, the Commissioner may issue an order directed to the person to show

cause why the Commissioner should not order the person to cease and desist from

engaging in the practice. The order must contain a statement of the charges and

a notice of a hearing to be held thereon. The order must be served upon the

person directly or by certified or registered mail, return receipt requested.

      2.  If, after conducting a hearing pursuant

to the provisions of subsection 1, the Commissioner determines that the person

has violated any of the provisions of NRS 598.0903

to 598.0999, inclusive, or if the person fails to

appear for the hearing after being properly served with the statement of

charges and notice of hearing, the Commissioner may make a written report of

his or her findings of fact concerning the violation and cause to be served a

copy thereof upon the person and any intervener at the hearing. If the

Commissioner determines in the report that such a violation has occurred, he or

she may order the violator to:

      (a) Cease and desist from engaging in the

practice or other activity constituting the violation;

      (b) Pay the costs of conducting the investigation,

costs of conducting the hearing, costs of reporting services, fees for experts

and other witnesses, charges for the rental of a hearing room if such a room is

not available to the Commissioner free of charge, charges for providing an

independent hearing officer, if any, and charges incurred for any service of

process, if the violator is adjudicated to have committed a violation of NRS 598.0903 to 598.0999,

inclusive; and

      (c) Provide restitution for any money or property

improperly received or obtained as a result of the violation.

Ê The order

must be served upon the person directly or by certified or registered mail,

return receipt requested. The order becomes effective upon service in the

manner provided in this subsection.

      3.  Any person whose pecuniary interests

are directly and immediately affected by an order issued pursuant to subsection

2 or who is aggrieved by the order may petition for judicial review in the

manner provided in chapter 233B of NRS.

Such a petition must be filed within 30 days after the service of the order.

The order becomes final upon the filing of the petition.

      4.  If a person fails to comply with any

provision of an order issued pursuant to subsection 2, the Commissioner may,

through the Attorney General, at any time after 30 days after the service of

the order, cause an action to be instituted in the district court of the county

wherein the person resides or has his or her principal place of business

requesting the court to enforce the provisions of the order or to provide any

other appropriate injunctive relief.

      5.  If the court finds that:

      (a) The violation complained of is a deceptive

trade practice;

      (b) The proceedings by the Commissioner

concerning the written report and any order issued pursuant to subsection 2 are

in the interest of the public; and

      (c) The findings of the Commissioner are

supported by the weight of the evidence,

Ê the court

shall issue an order enforcing the provisions of the order of the Commissioner.

      6.  Except as otherwise provided in NRS 598.0974, an order issued pursuant to subsection

5 may include:

      (a) A provision requiring the payment to the

Commissioner of a penalty of not more than $5,000 for each act amounting to a

failure to comply with the Commissioner’s order; or

      (b) Such injunctive or other equitable or extraordinary

relief as is determined appropriate by the court.

      7.  Any aggrieved party may appeal from the

final judgment, order or decree of the court in a like manner as provided for

appeals in civil cases.

      8.  Upon the violation of any judgment,

order or decree issued pursuant to subsection 5 or 6, the Commissioner, after a

hearing thereon, may proceed in accordance with the provisions of NRS 598.0999.

      (Added to NRS by 1995, 2173; A 2005, 1228, 1249, 1427; 2007, 739; 2009, 1189;

R temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1032, 1054,

expires by limitation on June 30, 2015)

      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 brought pursuant to NRS 598.0979 to 598.099,

inclusive, if the court finds that a person has engaged in a deceptive trade

practice 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 $12,500 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, 1978; A 2005, 1251, 1428; 2009, 1190)

      NRS 598.0974  Civil penalty prohibited under certain circumstances. [Effective

through June 30, 2015.]  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 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)

      NRS 598.0974  Civil penalty prohibited

under certain circumstances. [Effective July 1, 2015.]  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,

effective July 1, 2015)

      NRS 598.0975  Deposit and use of money collected pursuant to NRS

598.0903 to 598.0999, inclusive. [Effective

through June 30, 2015.]

      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 State General Fund and may only be used to offset the

costs of administering and enforcing the provisions of NRS

598.0903 to 598.0999, inclusive.

      (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 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)

      NRS 598.0975  Deposit and use of money

collected pursuant to NRS 598.0903 to 598.0999,

inclusive. [Effective July 1, 2015.]

      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,

Commissioner or Director, must be deposited in the State General Fund and may

only be used to offset the costs of administering and enforcing the provisions

of NRS 598.0903 to 598.0999,

inclusive.

      (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 Division 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,

effective July 1, 2015)

      NRS 598.0977  Civil action by elderly person or person with disability against

person who engaged in deceptive trade practice; remedies.  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)

      NRS 598.0979  Restraining orders; injunctions; assurances of discontinuance.

[Effective July 1, 2015.]

      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;

      (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.

Ê Except as

otherwise provided in this subsection and NRS

239.0115, any assurance of discontinuance accepted by the Commissioner or

Director and any stipulation filed with the court is confidential to the

parties to the action or proceeding and to the court and its employees. Upon

final judgment by the court that an injunction or a temporary restraining

order, issued as provided in subsection 1, has been violated, an assurance of

discontinuance has been violated or a person has engaged in the same deceptive

trade practice as had previously been enjoined, the assurance of discontinuance

or stipulation becomes a public record. Proof by a preponderance of the

evidence of a violation of an assurance constitutes prima facie evidence of a

deceptive trade practice for the purpose of any civil action or proceeding

brought thereafter by the Commissioner or Director, whether a new action or a

subsequent motion or petition in any pending action or proceeding.

      (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, expires by limitation on June 30, 2015)

      NRS 598.098  Disclosure of information by Commissioner or Director;

regulations. [Effective July 1, 2015.]

      1.  NRS 598.0903

to 598.0999, inclusive, do not prohibit the

Commissioner or Director from disclosing to the Attorney General, any district

attorney or any law enforcement officer the fact that a crime has been

committed by any person, if this fact has become known as a result of any

investigation conducted pursuant to the provisions of NRS

598.0903 to 598.0999, inclusive.

      2.  Subject to the provisions of subsection

2 of NRS 598.0979 and except as otherwise provided

in this section, the Commissioner or Director may not make public the name of

any person alleged to have committed a deceptive trade practice. This

subsection does not:

      (a) Prevent the Commissioner or Director from

issuing public statements describing or warning of any course of conduct which

constitutes a deceptive trade practice.

      (b) Apply to a person who is subject to an order

issued pursuant to subsection 5 of NRS 598.0971.

      3.  Upon request, the Commissioner may:

      (a) Disclose the number of written complaints

received by the Commissioner during the current and immediately preceding 3

fiscal years. A disclosure made pursuant to this paragraph must include the

disposition of the complaint disclosed.

      (b) Make public any order to cease and desist

issued pursuant to subsection 5 of NRS 598.0971.

Ê This

subsection does not authorize the Commissioner to disclose or make public the

contents of any complaint described in paragraph (a) or the record of or any

other information concerning a hearing conducted in relation to the issuance of

an order to cease and desist described in paragraph (b).

      4.  The Commissioner may adopt regulations

authorizing the disclosure of information concerning any complaint or number of

complaints received by the Commissioner or Director relating to a person who

has been convicted of violating a provision of NRS

598.0903 to 598.0999, inclusive.

      (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, expires by limitation on June 30, 2015)

      NRS 598.0983  Actions by district attorney: Prerequisites. [Effective through

June 30, 2015.]

      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

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 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)

      NRS 598.0983  Actions by district

attorney: Prerequisites. [Effective July 1, 2015.]

      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,

effective July 1, 2015)

      NRS 598.0985  Actions by district attorney: Injunctive relief. [Effective

through June 30, 2015.]  Notwithstanding

the requirement of knowledge as an element of a deceptive trade practice, and

notwithstanding the enforcement powers granted to the Attorney General 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)

      NRS 598.0985  Actions by district

attorney: Injunctive relief. [Effective July 1, 2015.]  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,

effective July 1, 2015)

      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)

      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.

Ê 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)

      NRS 598.099  Injunctions without prior notice. [Effective through June 30,

2015.]  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 2 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 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)

      NRS 598.099  Injunctions without prior

notice. [Effective July 1, 2015.]  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,

effective July 1, 2015)

      NRS 598.0993  Relief for injured persons. [Effective through June 30, 2015.]  The court in which an action is brought

pursuant to NRS 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)

      NRS 598.0993  Relief for injured

persons. [Effective July 1, 2015.]  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,

effective July 1, 2015)

      NRS 598.0995  Assurances of discontinuance. [Effective through June 30, 2015.]

      1.  In proceeding pursuant to subsection 2

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.

      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.

      (Added to NRS by 1973, 1488; A 1985, 1482, 2259; 2009, 2716;

2011, 2652;

2013, 1054)

      NRS 598.0995  Assurances of

discontinuance. [Effective July 1, 2015.]

      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 subsection 2 of 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,

effective July 1, 2015)

      NRS 598.0997  Service of notices.  Service

of any notice under NRS 598.0985 to 598.0995, inclusive, shall be made by personal

service within the State of Nevada, but if such service cannot be obtained,

substituted service therefor may be made in any of the following ways:

      1.  Personal service thereof outside the

State of Nevada;

      2.  The mailing thereof by registered or

certified mail to the last known place of business, residence or both, whether

inside or outside the State of Nevada, of such person for whom the notice is

intended, in which event such service shall be deemed complete upon the third

day following the mailing of any notice required under this section;

      3.  As to any person other than a natural

person, service shall be in the manner provided in the Nevada Rules of Civil

Procedure for completing service of process on such a person, corporation,

association or organization; or

      4.  Such service as any district court may

direct in lieu of personal service within the State of Nevada.

      (Added to NRS by 1973, 1488)

      NRS 598.0999  Civil and criminal penalties for violations. [Effective through

June 30, 2015.]

      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 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 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 the first offense, is guilty of a

misdemeanor.

      (b) For the second offense, is guilty of a gross

misdemeanor.

      (c) For the third and all subsequent offenses, is

guilty of a category D felony and shall be punished as provided in NRS 193.130.

Ê 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.  Any offense which occurred 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 3

when evidenced by a conviction, without regard to the sequence of the offenses

and convictions.

      5.  If a person violates any provision of NRS 598.0903 to 598.0999,

inclusive, 598.100 to 598.2801,

inclusive, 598.475, 598.741

to 598.787, inclusive, or 598.840

to 598.966, 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 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.

Ê The court

may grant or deny the relief sought or may order other appropriate relief.

      6.  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.

Ê The court

may grant or deny the relief sought or may order other appropriate relief.

      (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)

      NRS 598.0999  Civil and criminal

penalties for violations. [Effective July 1, 2015.]

      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 the first offense, is guilty of a

misdemeanor.

      (b) For the second offense, is guilty of a gross

misdemeanor.

      (c) For the third and all subsequent offenses, is

guilty of a category D felony and shall be punished as provided in NRS 193.130.

Ê 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.  Any offense which occurred 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 3

when evidenced by a conviction, without regard to the sequence of the offenses

and convictions.

      5.  If a person violates any provision of NRS 598.0903 to 598.0999,

inclusive, 598.100 to 598.2801,

inclusive, 598.305 to 598.395,

inclusive, 598.405 to 598.525,

inclusive, 598.741 to 598.787,

inclusive, or 598.840 to 598.966,

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.

Ê The court

may grant or deny the relief sought or may order other appropriate relief.

      6.  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.

Ê The court

may grant or deny the relief sought or may order other appropriate relief.

      (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,

effective July 1, 2015)

PYRAMID PROMOTIONAL SCHEMES; ENDLESS CHAINS

      NRS 598.100  Definitions.  For

the purposes of NRS 598.100 to 598.130, inclusive:

      1.  “Compensation” does not mean payment

based on sales of goods or services to persons who are not participants in a

pyramid promotional scheme or endless chain and who are not purchasing in order

to participate in such a program.

      2.  “Promotes” means inducing one or more

other persons to become a participant in a pyramid promotional scheme or

endless chain.

      3.  A “pyramid promotional scheme” means

any program or plan for the disposal or distribution of property and

merchandise or property or merchandise by which a participant gives or pays a

valuable consideration for the opportunity or chance to receive any

compensation or thing of value in return for procuring or obtaining one or more

additional persons to participate in the program, or for the opportunity to

receive compensation of any kind when a person introduced to the program or

plan by the participant procures or obtains a new participant in such a

program.

      (Added to NRS by 1971, 666; A 1985, 530)

      NRS 598.110  Pyramid promotional schemes or endless chains are deceptive

trade practices.  Every person who

contrives, prepares, sets up, proposes, operates, advertises or promotes any

pyramid promotional scheme or endless chain commits a deceptive trade practice

for the purposes of NRS 598.0903 to 598.0999, inclusive.

      (Added to NRS by 1971, 666; A 1993, 1957)

      NRS 598.120  Contracts and agreements voidable by participant.  All contracts and agreements, existing or made

in the future, which have any part of the consideration given for the right to

participate in a pyramid promotional scheme or endless chain as defined in NRS 598.100 to 598.130,

inclusive, are against public policy and voidable by a participant.

      (Added to NRS by 1971, 666)

      NRS 598.130  Injunctive relief; receivership.  In

addition to any other relief available under NRS

598.100 to 598.130, inclusive:

      1.  The Attorney General or any district

attorney may commence an action in the district court having jurisdiction of

the area where a pyramid promotional scheme or endless chain is being prepared,

operated or promoted to enjoin or obtain any other equitable relief to prevent

the further preparation, operation, promotion or prosecution of such scheme or

chain. In addition to the relief authorized by this section, the court may

award reasonable attorneys’ fees and costs in any action brought under this section.

      2.  The Attorney General or any district

attorney may petition the district court having jurisdiction of the area where

a pyramid promotional scheme or endless chain is being prepared, operated or

promoted to appoint receivers to secure and distribute in an equitable manner

any assets received by any participant as a result of such scheme or program.

Any such distribution must effect, to the extent possible, reimbursement for

uncompensated payments made to become a participant in the scheme. In any such

action, the court may, in addition to any other relief or reimbursement, award

reasonable attorneys’ fees and costs.

      (Added to NRS by 1971, 666; A 1993, 1957)

SOLICITATIONS FOR OR ON BEHALF OF CHARITABLE ORGANIZATIONS

      NRS 598.1305  Required disclosures; prohibited acts; jurisdiction of Attorney

General; violation constitutes deceptive trade practice.

      1.  A person representing that he or she is

conducting a solicitation for or on behalf of a charitable organization or

nonprofit corporation shall disclose:

      (a) The full legal name of the charitable

organization or nonprofit corporation as registered with the Secretary of State

pursuant to NRS 82.392;

      (b) The state or jurisdiction in which the

charitable organization or nonprofit corporation was formed;

      (c) The purpose of the charitable organization or

nonprofit corporation; and

      (d) That the contribution or donation may be tax

deductible pursuant to the provisions of section 170(c) of the Internal Revenue

Code of 1986, 26 U.S.C. § 170(c), or that the contribution or donation does not

qualify for such a federal tax deduction.

      2.  A person, in planning, conducting or

executing a solicitation for or on behalf of a charitable organization or

nonprofit corporation, shall not:

      (a) Make any claim or representation concerning a

contribution which directly, or by implication, has the capacity, tendency or

effect of deceiving or misleading a person acting reasonably under the

circumstances; or

      (b) Omit any material fact deemed to be

equivalent to a false, misleading or deceptive claim or representation if the

omission, when considering what has been said or implied, has or would have the

capacity, tendency or effect of deceiving or misleading a person acting

reasonably under the circumstances.

      3.  Any solicitation that is made in

writing for or on behalf of a charitable organization or nonprofit corporation,

including, without limitation, an electronic communication, must contain the

full legal name of the charitable organization or nonprofit corporation as

registered with the Secretary of State pursuant to NRS 82.392 and a disclaimer stating that

the contribution or donation may be tax deductible pursuant to the provisions

of section 170(c) of the Internal Revenue Code of 1986, 26 U.S.C. § 170(c), or

that the contribution or donation does not qualify for such a federal tax

deduction.

      4.  Notwithstanding any other provisions of

this chapter, the Attorney General has primary jurisdiction to investigate and

prosecute a violation of this section.

      5.  Except as otherwise provided in NRS 41.480 and 41.485, a violation of this section

constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999,

inclusive.

      6.  As used in this section:

      (a) “Charitable organization” means any person

who, directly or indirectly, solicits contributions and who the Secretary of

the Treasury has determined to be tax exempt pursuant to the provisions of

section 501(c)(3) of the Internal Revenue Code. The term does not include an

organization which is established for and serving bona fide religious purposes.

      (b) “Solicitation” means a request for a

contribution to a charitable organization or nonprofit corporation that is made

by any means, including, without limitation:

             (1) Mail;

             (2) Commercial carrier;

             (3) Telephone, facsimile, electronic mail

or other electronic device; or

             (4) A face-to-face meeting.

Ê The term

includes solicitations which are made from a location within this State and

solicitations which are made from a location outside of this State to persons

located in this State. For the purposes of subsections 1 and 3, the term does

not include solicitations which are directed only to a total of fewer than 15

persons or only to persons who are related within the third degree of

consanguinity or affinity to the officers, directors, trustees or executive

personnel of the charitable organization or nonprofit corporation.

      (Added to NRS by 1997, 3194; A 2013, 723)

SALES PROMOTIONS

      NRS 598.131  Definitions.  As

used in NRS 598.131 to 598.139,

inclusive, unless the context otherwise requires, the words and terms defined

in NRS 598.1315 to 598.134,

inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1989, 2194)

      NRS 598.1315  “Advertisement” defined.  “Advertisement”

means the attempt by publication, dissemination, solicitation or circulation to

induce, directly or indirectly, any person to enter into any obligation or to

acquire any title or interest in any property, and any acts related to the

inducement, promotion or encouragement of a sale.

      (Added to NRS by 1989, 2194)

      NRS 598.132  “Advertiser” defined.  “Advertiser”

means any person who is engaged in the business of promotion, marketing or sale

of merchandise at retail and who places, either directly or indirectly, an

advertisement before the public.

      (Added to NRS by 1989, 2194)

      NRS 598.1325  “Advertising premium” defined.  “Advertising

premium” means an offering, gift, prize, award, giveaway, discounted item,

bonus, merchandise, service certificate or anything of value, or its equivalent

in cash, offered in an advertisement.

      (Added to NRS by 1989, 2194)

      NRS 598.133  “Merchandise” defined.  “Merchandise”

means personal property, capable of manual delivery, displayed, held or offered

for sale by a merchant.

      (Added to NRS by 1989, 2194)

      NRS 598.1335  “Sale” defined.  “Sale”

includes a sale, offer for sale or attempt to sell property for consideration.

      (Added to NRS by 1989, 2194)

      NRS 598.134  “Sales promotion” defined.  “Sales

promotion” means a promotion, presentation, solicitation or notification which

induces or attempts to induce a sale of merchandise to a person.

      (Added to NRS by 1989, 2194)

      NRS 598.135  Scope. [Effective through June 30, 2015.]  The provisions of NRS

598.136, 598.137 and 598.138

do not apply to:

      1.  A contest of skill that does not

involve the sale or lease of any goods, property or service.

      2.  A sale or purchase, or solicitation or

representation made in connection with the sale or purchase, of goods from a

catalog or of books, recordings, videocassettes, periodicals or other similar

goods offered by a seller or membership group which is regulated by the Federal

Trade Commission if the seller or membership group sends goods, pursuant to an

agreement, to a customer or member for his or her inspection and, if

unsatisfied after inspecting the goods, the customer or member is entitled to

receive a full refund of the purchase price of the goods if the goods are

returned undamaged to the seller or membership group.

      3.  A solicitation, advertisement or

promotion, or offer to extend credit, made by a commercial bank, bank holding

company, subsidiary or affiliate of a bank holding company, trust company,

savings and loan association, credit union, industrial loan company, personal

property broker, consumer finance lender, commercial finance lender or insurer,

or any other person engaged in the business of extending credit, who is

regulated by an officer or agency of the State or of the Federal Government.

      4.  A person licensed pursuant to chapter 463 of NRS and his or her employees.

      (Added to NRS by 1989, 2196; A 2009, 2717;

2011, 2652;

2013, 1054)

      NRS 598.135  Scope. [Effective July 1,

2015.]  The provisions of NRS 598.136, 598.137 and 598.138 do not apply to:

      1.  A contest of skill that does not

involve the sale or lease of any goods, property or service.

      2.  A person who is licensed as a seller or

salesperson pursuant to chapter 599B of

NRS, and is engaging in an activity within the scope of that license.

      3.  A sale or purchase, or solicitation or

representation made in connection with the sale or purchase, of goods from a

catalog or of books, recordings, videocassettes, periodicals or other similar

goods offered by a seller or membership group which is regulated by the Federal

Trade Commission if the seller or membership group sends goods, pursuant to an

agreement, to a customer or member for his or her inspection and, if unsatisfied

after inspecting the goods, the customer or member is entitled to receive a

full refund of the purchase price of the goods if the goods are returned

undamaged to the seller or membership group.

      4.  A solicitation, advertisement or

promotion, or offer to extend credit, made by a commercial bank, bank holding

company, subsidiary or affiliate of a bank holding company, trust company,

savings and loan association, credit union, industrial loan company, personal

property broker, consumer finance lender, commercial finance lender or insurer,

or any other person engaged in the business of extending credit, who is

regulated by an officer or agency of the State or of the Federal Government.

      5.  A person licensed pursuant to chapter 463 of NRS and his or her employees.

      (Added to NRS by 1989, 2196; A 2009, 2717;

2011, 2652;

2013, 1054,

effective July 1, 2015)

      NRS 598.136  Representation that person has won prize or is winner of

contest.

      1.  A person shall not, in connection with

the sale or lease or solicitation for the sale or lease of any goods, property

or service, represent that another person has won anything of value or is the

winner of any contest unless:

      (a) The advertiser indicates, clearly and

conspicuously, the name and address of the advertiser at the commencement of an

oral solicitation or advertisement. If the advertisement is written, the

information must be in bold type at least 2 points larger than the type used in

the major portion of the advertisement, and must be placed at the top of the

first page of the advertisement.

      (b) The method of selection of the recipient of

the prize is one in which no more than 10 percent of the names considered are

selected as recipients.

      (c) The prize is given without obligation to the

recipient.

      (d) The prize is delivered to the recipient at no

expense to him or her within 30 days after the representation.

      (e) The language of the advertisement represents

that it is a sales promotion.

      (f) The language of the advertisement does not

represent that the recipient has been contacted by telephone or any other means

when no such contact has occurred.

      (g) The advertisement indicates to the recipient

the brand name of any advertising premium offered. If the advertising premium

consists of a vacation or trip, the advertiser shall indicate, clearly and

conspicuously, the name and location of the accommodations and whether transportation

to and from the vacation site or point of departure is included. The advertiser

shall not offer a vacation or trip for which a deposit or other fee is required

of the recipient.

      (h) The advertisement does not misrepresent the

value of an advertising premium by any means, including, but not limited to,

the grouping of advertising premiums of substantially different value.

      (i) The advertisement indicates, clearly and

conspicuously, to the recipient that an advertising premium is discounted, no

longer manufactured, damaged or less than first quality.

      (j) The advertisement indicates that the

advertiser will disclose upon request and without charge which advertising

premium will be received. The advertiser shall disclose such information upon

request.

      (k) The advertisement indicates, clearly and

conspicuously, the probability that a person may receive each advertising

premium mentioned in the advertisement. The probability must be indicated

adjacent to the first mention of each advertising premium and expressed in

whole numbers. If the advertisement is written, such information and any rule

or condition must appear in bold type the same size as the type used for the

major portion of the advertisement.

      (l) The advertisement indicates, clearly and

conspicuously, the date the prizes are to be awarded, and that a record

regarding the names and addresses of the winners will be provided upon request

without charge. The advertiser shall provide the record to any person upon

request.

      (m) The advertiser does not offer merchandise as

a substitute for a reimbursement for travel, allowance for a trip or similar

plan of compensation.

      2.  As used in this section, “language of

the advertisement” means the use of any language that has a tendency to lead a

reasonable person to believe he or she has won a contest or merchandise of

value, including, but not limited to, “congratulations,” “you have won,” “you

are a winner,” “you have been chosen,” “you have been selected” and “you are

entitled to receive.”

      (Added to NRS by 1989, 2194)

      NRS 598.137  Representation that person has chance to receive prize.

      1.  A person shall not, in connection with

the sale or lease or solicitation for sale or lease of any goods, property or

service, represent that another person has a chance to receive a prize or item

of value without clearly disclosing on whose behalf the contest or promotion is

conducted and all conditions that a participant must meet.

      2.  A person who makes a representation

described in subsection 1 must display, clearly and conspicuously, adjacent to

the description of the item or prize to which it relates:

      (a) The actual retail value of each item or

prize;

      (b) The number of each item or prize to be

awarded; and

      (c) The odds of receiving each item or prize,

expressed in whole numbers.

      3.  It is unlawful to make a representation

described in subsection 1 if it has already been determined which items will be

given to the person to whom the representation is made.

      4.  The provisions of this section do not

apply if:

      (a) Participants are asked to complete and mail

or deposit, at a local retail commercial establishment, an entry blank obtained

locally or by mail, or to call in their entry by telephone; and

      (b) Participants are not asked to listen to a

sales presentation.

      5.  Advertisements with representations

made pursuant to subsection 1 that are broadcast by radio or television may be

broadcast without the required disclosures, conditions and restrictions but

must clearly broadcast the availability of such disclosures, conditions and restrictions

to an interested person, without any charge, upon request.

      6.  This section does not create liability

for acts of a publisher, owner, agent or employee of a newspaper, periodical,

radio station, television station, cable television system or other video

service network or other advertising medium for the publication or

dissemination of an advertisement or promotion pursuant to this section if the

publisher, owner, agent or employee did not know that the advertisement or

promotion violated the provisions of this section.

      7.  For the purposes of this section, the

actual retail value of an item or prize is the price at which substantial sales

of the item were made in an area within the last 90 days, or if no substantial

sales were made, the cost of the item or prize to the person on whose behalf

the contest or promotion is conducted.

      (Added to NRS by 1989, 2195; A 2007, 1393)

      NRS 598.138  Representation that person has been specially selected.

      1.  A person shall not represent that

another person has been specially selected in connection with the sale or lease

or solicitation for sale or lease of any goods, property or service unless:

      (a) The selection process is designed to reach a

particular type of person;

      (b) The selection process uses a source other

than a telephone directory, city directory, tax listing, voter registration

record, purchased or leased mailing list or similar source of names; and

      (c) No more than 10 percent of those considered

are selected.

      2.  As used in this section, “specially

selected” means the use of language that has a tendency to lead a reasonable

person to believe he or she has been specially selected, including, but not

limited to, “carefully selected” and “you have been chosen.”

      (Added to NRS by 1989, 2196)

      NRS 598.139  Violation constitutes deceptive trade practice.  Any violation of NRS

598.136, 598.137 or 598.138,

constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999,

inclusive.

      (Added to NRS by 1989, 2197)

DOOR-TO-DOOR SALES

      NRS 598.140  Definitions.  As

used in NRS 598.140 to 598.2801,

inclusive, the words and terms defined in NRS 598.150

to 598.220, inclusive, have the meanings ascribed

to them in NRS 598.150 to 598.220,

inclusive, unless the context otherwise requires.

      (Added to NRS by 1973, 808)

      NRS 598.150  “Business day” defined.  “Business

day” means any calendar day except Sunday, or the following business holidays:

New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday,

Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans Day,

Thanksgiving Day and Christmas Day.

      (Added to NRS by 1973, 808; A 1993, 1958)

      NRS 598.160  “Buyer” defined.  “Buyer”

means any person who enters into or signs a door-to-door sale contract in order

to receive any consumer goods and services from any seller.

      (Added to NRS by 1973, 808)

      NRS 598.170  “Consumer goods or services” defined.  “Consumer

goods or services” are goods or services purchased, leased or rented primarily

for personal, family or household purposes, including courses of instruction or

training regardless of the purpose for which they are taken.

      (Added to NRS by 1973, 808)

      NRS 598.180  “Door-to-door sale” defined.  “Door-to-door

sale” means any sale, purchase, lease or rental of any consumer goods or

services with a purchase price of $25 or more which is the result of any

door-to-door solicitation or personal solicitation by the seller or his or her

representative, whether at the specific invitation of the buyer or not, and

which is made at a place other than the place of business of the seller. The

term “door-to-door sale” does not include a transaction:

      1.  Made pursuant to a preexisting retail

charge agreement or pursuant to prior negotiations between the parties at or

from a retail business establishment having a fixed permanent location where

the goods are exhibited or the services are offered for sale on a continuing

basis.

      2.  In which the consumer is accorded the

right of rescission by the provisions of the Consumer Credit Protection Act (15

U.S.C. § 1635) or regulations issued pursuant thereto.

      3.  In which the buyer has initiated the

contact and the goods or services are needed to meet a bona fide immediate

personal emergency of the buyer, and the buyer furnishes the seller with a

separate dated and signed personal statement in the buyer’s handwriting

describing the situation requiring immediate remedy and expressly acknowledging

and waiving the right to cancel the sale within 3 business days.

      4.  Conducted and consummated entirely by

mail or telephone, and without any other contact between the buyer and the

seller or its representative prior to delivery of the goods or performance of

the service.

      5.  In which the buyer has initiated the

contact and specifically requested the seller to visit his or her home for the

purpose of repairing or performing maintenance upon the buyer’s personal

property. If in the course of the visit, the seller sells the buyer the right

to receive additional services and goods other than replacement parts

necessarily used in performing the maintenance or in making the repairs, the

sale of those additional goods or services would not fall within this

exclusion.

      6.  Pertaining to the sale or rental of

real property, to the sale of insurance or to the sale of securities or

commodities by a broker-dealer registered with the Securities Exchange

Commission.

      7.  Pertaining to the sale or rental of

vehicles as defined in NRS 482.135.

      8.  Pertaining to the sale or rental of

mobile homes.

      9.  Pertaining to the provision of

facilities and services furnished by utilities under the jurisdiction of the

Public Utilities Commission of Nevada.

      (Added to NRS by 1973, 808; A 1997, 2017)

      NRS 598.200  “Place of business” defined.  “Place

of business” means the main or permanent branch office or local address of a

seller.

      (Added to NRS by 1973, 809)

      NRS 598.210  “Purchase price” defined.  “Purchase

price” means the total price paid or to be paid for consumer goods or services,

including all interest and service charges.

      (Added to NRS by 1973, 809)

      NRS 598.220  “Seller” defined.  “Seller”

means any person engaged in the door-to-door sale of any consumer goods or

services.

      (Added to NRS by 1973, 809)

      NRS 598.230  Right of buyer to rescind contract of sale; notice of

rescission.  Any buyer who enters

into or signs a door-to-door sale contract in which the total purchase price of

the goods or services is $25 or more may rescind such contract by giving

written notice to the seller either by delivering, mailing or telegraphing of

such notice no later than midnight of the third business day after the date

such door-to-door sale contract was entered into or signed. The notice shall be

addressed to the seller at the seller’s place of business and shall contain

words indicating the buyer’s intent to rescind the transaction previously

entered into.

      (Added to NRS by 1973, 809)

      NRS 598.240  Seller to furnish buyer copy of receipt or contract; required

contents.  A seller must furnish

every buyer with a fully completed receipt or copy of any door-to-door sale

contract at the time a sale is executed. Such writing shall be in the same language

as that primarily used in the oral sales presentation, show the date of the

transaction and contain the name and address of the seller, and in immediate

proximity to the space reserved in the contract for the signature of the buyer

or on the front page of the receipt if a contract is not used and in bold type,

a statement in substantially the following form:

 

You, the buyer, may cancel this

transaction at any time prior to midnight of the third business day after the

date of this transaction. See the attached notice of cancellation form for

explanation of this right.

 

      (Added to NRS by 1973, 809)

      NRS 598.250  Seller to furnish buyer form for notice of cancellation.  A seller must furnish every buyer with a fully

completed form in duplicate, captioned “NOTICE OF CANCELLATION,” which must be

attached to the contract or receipt and easily detachable, and which must

contain in boldface type the following information and statements in the same

language as that used in the contract:

 

NOTICE OF CANCELLATION

                                                                                           (Enter

date of transaction)

                                                                                             Date

       You may cancel this

transaction, without any penalty or obligation, except as provided by law,

within 3 business days from the above date.

       If you cancel, any property

traded in, any payments made by you under the contract or sale, and any

negotiable instrument executed by you will be returned within 10 business days

following receipt by the seller of your cancellation notice, and any security

interest arising out of the transaction will be cancelled.

       If you cancel, you must make

available to the seller at reasonable times at your residence, in substantially

as good condition as when received, any goods delivered to you under this

contract or sale; or you must in the alternative comply with the instructions

of the seller regarding the return shipment of the goods at the seller’s

expense and risk.

       If the seller does not either

provide instructions for the return of the goods to the seller or pick them up

within 20 days of the date of your notice of cancellation, you may retain or

dispose of the goods without any further obligation.

To cancel this transaction, mail or

deliver a signed and dated copy of this cancellation notice or any other

written notice, or send a telegram to .....................................................................................................................

(Name

of seller)

at..............................................……………………........

(Address of seller’s place of business) not later than midnight of   

       I hereby cancel this

transaction.

       ..........................................

                      (Date)

                                                                                  .....................................................................

                                                                                                    (Buyer’s

signature)

 

      (Added to NRS by 1973, 809; A 1981, 126)

      NRS 598.260  Penalty for cancellation permitted; limitations.  NRS 598.140 to 598.2801, inclusive, do not prevent any seller from

assessing a penalty for the cancellation of a door-to-door sale contract if the

penalty does not exceed 5 percent of the total purchase price, $15, or any down

payment paid by the buyer at the time any door-to-door sale contract is entered

into or executed, whichever is the lesser amount.

      (Added to NRS by 1973, 810)

      NRS 598.280  Unlawful acts.  It

is unlawful for any seller:

      1.  To fail to inform any buyer orally, at

the time the buyer signs any door-to-door sale contract or purchases any

consumer goods or services as a result of a door-to-door sale, of the buyer’s

right to cancel the contract or to misrepresent in any manner said buyer’s

right to cancel;

      2.  To fail or refuse to honor any valid

notice of cancellation by a buyer;

      3.  To fail or refuse to return, within 10

business days after receiving notice of cancellation, any goods or property

traded in, in substantially as good condition as when received;

      4.  To fail or refuse to refund all

payments made under the contract or sale within 10 business days after

receiving notice of cancellation;

      5.  To fail to notify a buyer within 10

business days after the receipt of a buyer’s notice of cancellation whether the

seller intends to repossess or to abandon any shipped or delivered goods; or

      6.  To negotiate, transfer, sell or assign

any note or other evidence of indebtedness to a finance company or other third

party prior to midnight of the 5th business day following the day the contract

was signed or the goods or services were purchased.

      (Added to NRS by 1973, 810)

      NRS 598.2801  Violation constitutes deceptive trade practice.  Any violation of NRS

598.240, 598.250 or 598.280

constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999,

inclusive.

      (Added to NRS by 1993, 1957)

SELLERS OF TRAVEL

General Provisions

      NRS 598.305  Definitions. [Effective July 1, 2015.]  As

used in NRS 598.305 to 598.395,

inclusive, unless the context otherwise requires, the words and terms defined

in NRS 598.307 to 598.356,

inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 2146; A 2003, 1825, 2888; R temp. 2009, 2732;

R temp. 2011,

2652; R temp. 2013, 1054,

expires by limitation on June 30, 2015)

      NRS 598.307  “Account” defined. [Effective July 1, 2015.]  “Account” means the account established

pursuant to NRS 598.371.

      (Added to NRS by 2003, 1819; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.315  “Commissioner” defined. [Effective July 1, 2015.]  “Commissioner” means the Commissioner of the

Division.

      (Added to NRS by 2001, 2146; A 2003, 1826, 2889; R temp. 2009, 2732;

R temp. 2011,

2652; R temp. 2013, 1054,

expires by limitation on June 30, 2015)

      NRS 598.317  “Consumer” defined. [Effective July 1, 2015.]  “Consumer” means a person who pays money to a

seller of travel for the purchase of travel services or a vacation certificate.

      (Added to NRS by 2003, 1819; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.325  “Division” defined. [Effective July 1, 2015.]  “Division” means the Consumer Affairs Division

of the Department of Business and Industry.

      (Added to NRS by 2001, 2147; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.335  “Seller of travel” defined. [Effective July 1, 2015.]  “Seller of travel” means a person who offers

for sale, directly or indirectly, transportation by air, land, rail or water,

travel services, vacation certificates or any combination thereof, to a person

or group of persons for a fee, commission or other valuable consideration. The

term:

      1.  Includes any person who offers

membership in a travel club or any services related to travel for an advance

fee, payment or deposit.

      2.  Does not include:

      (a) A person who:

             (1) Contracts with a seller of travel to

sell travel services or vacation certificates on behalf of the seller of

travel;

             (2) Receives compensation for selling the

travel services or vacation certificates only from the seller of travel; and

             (3) Requires the consumer who purchases

the travel services or vacation certificates to pay for the travel services or

vacation certificates by transmitting payment directly to the provider of the

travel services or vacation certificates or the seller of travel;

      (b) A hotel that provides or arranges travel

services for its patrons or guests;

      (c) A person who, for compensation, transports

persons or property by air, land, rail or water;

      (d) A tour broker or tour operator who is subject

to the provisions of NRS 598.405 to 598.525, inclusive; or

      (e) A motor club as defined in NRS 696A.050.

      (Added to NRS by 2001, 2147; A 2003, 1825; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.345  “Travel services” defined. [Effective July 1, 2015.]  “Travel services” includes, without

limitation:

      1.  Short-term leases of passenger cars;

      2.  Lodging;

      3.  Transfers;

      4.  Sightseeing tours other than

sightseeing tours for which a tour broker or tour operator is regulated

pursuant to NRS 598.405 to 598.525,

inclusive; and

      5.  Any other services that are related to

travel by air, land, rail or water or any other method of transportation.

      (Added to NRS by 2001, 2147; A 2003, 1825; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.356  “Vacation certificate” defined. [Effective July 1, 2015.]  “Vacation certificate” means any document

received by a person for consideration paid in advance which evidences that the

holder of the document is entitled to:

      1.  Transportation by air, land, rail or

water; or

      2.  The use of lodging or other facilities

for a specified period,

Ê during the

period for which the certificate is valid.

      (Added to NRS by 2001, 2147; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.361  Seller to maintain trust account; exception. [Effective July 1,

2015.]

      1.  Except as otherwise provided in

subsection 2:

      (a) A seller of travel shall maintain a trust

account in a bank, credit union or savings and loan association in this state

for the purpose of depositing all money that a consumer pays to the seller of

travel for the purchase of travel services or a vacation certificate.

      (b) If a consumer pays money to a seller of

travel for the purchase of travel services or a vacation certificate, the

seller of travel shall deposit all such money in the trust account maintained

by the seller of travel not later than 2 business days after the date on which

the consumer pays the money to the seller of travel.

      (c) The seller of travel shall pay out of the

trust account the money paid to the seller of travel by the consumer as needed

to complete the purchase of the travel services or vacation certificate

purchased by the consumer.

      2.  The provisions of this section do not

apply to a seller of travel who deposits security with the Division pursuant to

NRS 598.375.

      (Added to NRS by 2003, 1820; A 2003, 2883; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.365  Seller to register, deposit security and pay fees before

advertising services or conducting business in this State; certificate of

registration; renewal of certificate. [Effective July 1, 2015.]

      1.  Before advertising its services or

conducting business in this State, a seller of travel must register with the

Division by:

      (a) Submitting to the Division an application for

registration on a form prescribed by the Division;

      (b) Paying to the Division a fee of $25;

      (c) Depositing the security required pursuant to NRS 598.375, if any, with the Division; and

      (d) Paying to the Division a fee of $100 for

deposit to the account established pursuant to NRS

598.371.

      2.  The Division shall issue a certificate

of registration to the seller of travel upon receipt of:

      (a) The security in the proper form if the seller

of travel is required to deposit security pursuant to NRS

598.375; and

      (b) The payment of any fees required by this

section.

      3.  A certificate of registration:

      (a) Is not transferable or assignable; and

      (b) Expires 1 year after it is issued.

      4.  A seller of travel must renew a

certificate of registration issued pursuant to this section before the

certificate expires by:

      (a) Submitting to the Division an application for

the renewal of the certificate on a form prescribed by the Division;

      (b) Paying to the Division a fee of $25; and

      (c) Paying to the Division a fee of $100 for

deposit to the account established pursuant to NRS

598.371.

      5.  The Division shall mail an application

for the renewal of a certificate to the last known address of a seller of

travel at least 30 days before the expiration of the certificate.

      6.  The provisions of this section do not

require a person described in paragraph (a) of subsection 2 of NRS 598.335 to register with the Division.

      (Added to NRS by 2001, 2147; A 2003, 1826, 2888; R temp. 2009, 2732;

R temp. 2011,

2652; R temp. 2013, 1054,

expires by limitation on June 30, 2015)

      NRS 598.366  Seller to include registration number in advertising; form.

[Effective July 1, 2015.]  A seller

of travel shall include the registration number from his or her certificate of

registration in any advertising conducted by, or on the behalf of, the seller

of travel. The statement must be prominently displayed in the advertisement and

be in substantially the following form in at least 10-point bold type in a font

that is easy to read:

 

Nevada Seller of Travel

Registration No.

_____.

 

      (Added to NRS by 2003, 1820; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.367  Seller to display notice of Recovery Fund; penalty. [Effective

July 1, 2015.]

      1.  A seller of travel shall display

conspicuously, at each place of business of the seller of travel and on any

website maintained by the seller of travel for business purposes, a legible and

typewritten statement that notifies consumers that they may be eligible to

recover certain financial damages from the Recovery Fund. The written statement

must be in substantially the following form:

 

RECOVERY

FUND FOR CONSUMERS

DAMAGED

BY SELLERS OF TRAVEL

 

       You may be eligible for

payment from the Recovery Fund if you have paid money to a seller of travel

registered in this State for the purchase of travel services or a vacation

certificate and you have suffered certain financial damages as a result of the

transaction. To obtain information relating to your rights under the Recovery

Fund and the filing of a claim for recovery from the Recovery Fund, you may

contact the Consumer Affairs Division of the Department of Business and

Industry at the following locations:

 

SOUTHERN

NEVADA:  1850 East Sahara Avenue

Suite

101

Las

Vegas, Nevada 89104

Phone:

(702) 486-7355

Fax:

(702) 486-7371

ncad@fyiconsumer.org

 

NORTHERN

NEVADA:  4600 Kietzke Lane

Building

B, Suite 113

Reno,

Nevada 89502

Phone:

(775) 688-1800

Fax:

(775) 688-1803

 

      2.  The Division may impose upon a seller

of travel an administrative fine of not more than:

      (a) For the first violation of subsection 1,

$100; and

      (b) For a second or subsequent violation of

subsection 1, $250.

      3.  The Division shall deposit any money

received pursuant to this section in the account established pursuant to NRS 598.371.

      4.  The provisions of NRS 598.305 to 598.395,

inclusive, do not limit the authority of the Division to take disciplinary

action against a seller of travel.

      (Added to NRS by 2003, 1822; A 2003, 2885; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

Recovery Fund

      NRS 598.371  Administration of Fund: Separate accounting; limitations on use.

[Effective July 1, 2015.]

      1.  The Division shall administer and

account separately for the money received from each seller of travel pursuant

to the provisions of paragraph (d) of subsection 1 and paragraph (c) of

subsection 4 of NRS 598.365. The Division may refer

to the money in the account as the “Recovery Fund.”

      2.  Except as otherwise provided in NRS 598.372, the money in the account must be used to

pay claims made by consumers who are eligible for recovery from the account

pursuant to NRS 598.373 and 598.374.

      (Added to NRS by 2003, 1820; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.372  Administration of Fund: Report to Legislature; employment of

persons; interest on money; limitations on balance; regulations. [Effective

July 1, 2015.]

      1.  The Division shall:

      (a) On or before February 1 of each year, prepare

and submit to the Director of the Legislative Counsel Bureau for transmittal to

the appropriate legislative committee if the Legislature is in session, or to

the Interim Finance Committee if the Legislature is not in session, a statement

of the condition of the account that is prepared in accordance with generally

accepted accounting principles.

      (b) Employ accountants as necessary for the

performance of the duties set forth in this section and pay any related

expenses from the money in the account. Except as otherwise provided in

subsection 3, the expenditures made by the Division pursuant to this paragraph

must not exceed $10,000 in any fiscal year.

      (c) Employ or contract with persons and procure

necessary equipment, supplies and services to be paid from or purchased with

the money in the account as may be necessary to monitor or process claims filed

by consumers that may result in a recovery from the account.

      2.  Any interest earned on the money in the

account must be credited to the account. The Division may expend the interest

earned on the money in the account to increase public awareness of the account.

Except as otherwise provided in subsection 3, the expenditures made by the

Division for this purpose must not exceed $50,000 in any fiscal year.

      3.  The total expenditures made by the

Division pursuant to this section must not exceed 10 percent of the account in

any fiscal year.

      4.  Once an initial balance of $200,000

exists in the account, the Division shall maintain a minimum balance of

$200,000 in the account.

      5.  The Division shall adopt such

regulations as are necessary to carry out the provisions of NRS 598.305 to 598.395, inclusive,

including, without limitation, regulations governing:

      (a) The disbursement of money from the account;

and

      (b) The manner in which a complaint is filed with

the Division or its designee pursuant to the provisions of NRS 598.373.

      (Added to NRS by 2003, 1823; A 2003, 2886; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.373  Recovery from Fund: Deadline for complaint; hearing; judgment of

court; action by Division. [Effective July 1, 2015.]

      1.  Except as otherwise provided in

subsection 5, a consumer who is eligible for recovery from the account must

file a complaint with the Division or its designee not later than 1 year after

the scheduled date of completion of the travel purchased by the consumer. The

consumer must file the complaint on a form established for this purpose by the

Division.

      2.  If the Division receives a complaint

pursuant to subsection 1, the Division or its designee shall hold a hearing on

the complaint. The Division shall:

      (a) Affix the time and place for the hearing; and

      (b) Notify the interested parties, in writing, at

least 10 days before the date affixed for the hearing, of the time and place of

the hearing.

      3.  Any testimony taken at the hearing must

be considered a part of the record of the hearing before the Division or its

designee.

      4.  The hearing must be public if a request

is made for a public hearing.

      5.  If a consumer has obtained a judgment

in any court of competent jurisdiction for recovery of damages against a seller

of travel, the consumer may file with the Division or its designee a complaint

for recovery of the judgment from the account. The consumer must file the

complaint not later than 2 years after the entry of the judgment. The consumer

is eligible for recovery of the judgment from the account if:

      (a) The judgment is for actual damages suffered

by the consumer as a result of:

             (1) Any act of fraud or misrepresentation

by the seller of travel acting in his or her capacity as a seller of travel;

             (2) The bankruptcy of the seller of

travel;

             (3) The breach of any contract entered

into by the seller of travel in his or her capacity as a seller of travel; or

             (4) The violation by the seller of travel

of any provision of NRS 598.305 to 598.395, inclusive;

      (b) The proceedings in connection with the

judgment, including all appeals, have terminated;

      (c) The consumer files the complaint on a form

established for this purpose by the Division;

      (d) The consumer submits proof satisfactory to

the Division of the judgment; and

      (e) Upon obtaining payment from the account, the

consumer assigns his or her rights to enforce the judgment to the Division.

      6.  If a consumer files a complaint

pursuant to this section, the Division or its designee shall act upon the

complaint not later than 60 days after the date on which the complaint is filed

with the Division, unless the Division:

      (a) Determines that the complaint involves

complex issues that may not reasonably be resolved within 60 days; and

      (b) Notifies the interested parties, in writing,

that the time for acting on the complaint will be extended. If the Division

provides such notice to the interested parties, the Division shall act upon the

complaint not later than 180 days after the date on which the complaint is

filed with the Division.

      (Added to NRS by 2003, 1820; A 2003, 2883; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.374  Recovery from Fund: Eligibility; limitations on payment;

subrogation of claim. [Effective July 1, 2015.]

      1.  Except as otherwise provided in subsection

2, a consumer is eligible for recovery from the account if:

      (a) The Division or its designee, after

conducting a hearing on a complaint filed pursuant to the provisions of

subsection 1 of NRS 598.373, finds that the

consumer suffered actual damages as a result of:

             (1) Any act of fraud or misrepresentation

by the seller of travel acting in his or her capacity as a seller of travel;

             (2) The bankruptcy of the seller of

travel;

             (3) The breach of any contract entered

into by the seller of travel in his or her capacity as a seller of travel; or

             (4) The violation by the seller of travel

of any provision of NRS 598.305 to 598.395, inclusive; or

      (b) The consumer complies with the provisions of

subsection 5 of NRS 598.373 for the recovery of a

judgment from the account.

      2.  A consumer is not eligible for recovery

from the account if:

      (a) The consumer is the spouse of the seller of

travel or is a personal representative of the spouse of the seller of travel;

      (b) The consumer was associated in a business

relationship with the seller of travel other than with regard to the travel

services or vacation certificate at issue;

      (c) At the time the consumer paid money to the

seller of travel for the purchase of the travel services or vacation certificate

at issue, the seller of travel was not registered with the Division as required

by NRS 598.365; or

      (d) The consumer is seeking recovery of losses

which were incurred by the consumer as the result of a cancellation penalty

that:

             (1) Was fully disclosed and agreed to by

the consumer at the time the consumer entered into the contract for the

purchase of the travel services or vacation certificate at issue; and

             (2) Was imposed against the consumer, in

accordance with the terms of the contract, after the cancellation of the travel

services or vacation certificate at issue.

      3.  If the Division or its designee finds

that a consumer is eligible for recovery from the account pursuant to this

section, the Division or its designee may pay out of the account:

      (a) If the complaint was filed pursuant to

subsection 1 of NRS 598.373, the amount of actual

damages suffered, but not to exceed $10,000; or

      (b) If the complaint was filed pursuant to

subsection 5 of NRS 598.373, the amount of actual

damages included in the judgment and remaining unpaid, but not to exceed $10,000.

      4.  If a consumer has recovered a portion

of his or her losses from sources other than the account, the Division shall

deduct the amount recovered from the other sources from the amount payable upon

the claim and direct the difference to be paid from the account.

      5.  To the extent that payments are made

from the account to a consumer, the Division is subrogated to the rights of the

consumer. The Division and the Attorney General shall promptly enforce all

subrogation claims.

      6.  The amount of recovery from the account

based upon claims made against any single seller of travel:

      (a) Must not exceed $200,000; and

      (b) For any single action of the seller of

travel, must not exceed 20 percent of the balance of the account.

      (Added to NRS by 2003, 1821; A 2003, 2884; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

Security Deposited by Seller

      NRS 598.375  Security required for registration: Form; term; amount; records;

rejection for nonconformance; change in form; inadequate amount; exception.

[Effective July 1, 2015.]

      1.  Except as otherwise provided in

subsection 8, each seller of travel shall deposit with the Division:

      (a) A bond executed by a corporate surety

approved by the Commissioner and licensed to do business in this state;

      (b) An irrevocable letter of credit for which the

seller of travel is the obligor, issued by a bank whose deposits are federally

insured; or

      (c) A certificate of deposit in a financial

institution which is doing business in this state and which is federally

insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit

may be withdrawn only on the order of the Commissioner, except that the

interest may accrue to the seller of travel.

      2.  The term of the bond, letter of credit

or certificate of deposit, or any renewal thereof, must be not less than 1

year.

      3.  The amount of the bond, letter of

credit or certificate of deposit, or any renewal thereof, must be $50,000.

      4.  If the seller of travel deposits a

bond, the seller of travel shall keep accurate records of the bond and the

payments made on the premium. The records must be open to inspection by the

Division during business hours. The seller of travel shall notify the Division

not later than 30 days before the date of expiration of the bond and provide written

proof of the renewal of the bond to the Division.

      5.  The Commissioner may reject any bond,

letter of credit or certificate of deposit that fails to comply with the

requirements of this chapter.

      6.  A seller of travel may change the form

of security that he or she has deposited with the Division. If the seller of

travel changes the form of the security, the Commissioner may retain for not

more than 1 year any portion of the security previously deposited by the seller

of travel as security for claims arising during the time the previous security

was in effect.

      7.  If the amount of the deposited security

falls below the amount required by this chapter for that security, the seller

of travel shall be deemed not to be registered as required by NRS 598.365 for the purposes of this chapter.

      8.  The provisions of this section do not

apply to a seller of travel who:

      (a) Is accredited by and appointed as an agent of

the Airlines Reporting Corporation; or

      (b) Maintains a trust account in accordance with

the provisions of NRS 598.361.

      (Added to NRS by 2001, 2147; A 2003, 1826, 2876, 2889; R temp. 2009, 2732;

R temp. 2011,

2652; R temp. 2013, 1054,

expires by limitation on June 30, 2015)

      NRS 598.385  Rights and remedies of injured consumers; resolution by Division

of claims against security; regulations. [Effective July 1, 2015.]

      1.  The security required to be deposited

by a seller of travel pursuant to NRS 598.375 must

be held in trust for consumers injured as a result of:

      (a) Any act of fraud or misrepresentation by the

seller of travel acting in his or her capacity as a seller of travel;

      (b) The bankruptcy of the seller of travel; or

      (c) The breach of any contract entered into by

the seller of travel in his or her capacity as a seller of travel.

      2.  A consumer so injured may bring and

maintain an action in any court of competent jurisdiction to recover against

the security.

      3.  The Division may bring an action for

interpleader against all claimants upon the security. If the Division brings

such an action, the Division shall publish notice of the action at least once

each week for 2 weeks in a newspaper of general circulation in the county in

which the seller of travel has its principal place of business. The Division

may deduct its costs of the action, including the costs of the publication of

the notice, from the amount of the security. All claims against the security

have equal priority. If the security is insufficient to pay all the claims in

full, the claims must be paid pro rata. If the seller of travel has posted a

bond with the Division, the surety is then relieved of all liability under the

bond.

      4.  The Division may, in lieu of bringing

an action for interpleader pursuant to subsection 3, conduct a hearing to

determine the distribution of the security to claimants. The Division shall

adopt regulations to provide for adequate notice and the conduct of the

hearing. If the seller of travel has posted a bond with the Division, distribution

pursuant to this subsection relieves the surety of all liability under the

bond.

      5.  If the security is sufficient to pay

all claims against the security in full, the Division may deduct from the

amount of the security, the cost of any investigation or hearing it conducted

to determine the distribution of the security.

      (Added to NRS by 2001, 2148; A 2003, 1826, 2889; R temp. 2009, 2732;

R temp. 2011,

2652; R temp. 2013, 1054,

expires by limitation on June 30, 2015)

      NRS 598.395  Release of security if seller ceases to operate or registration

expires. [Effective July 1, 2015.]

      1.  If no claims have been filed against

the security deposited with the Division pursuant to NRS

598.375 within 6 months after the seller of travel ceases to operate or his

or her registration expires, whichever occurs later, the Commissioner shall

release the security to the seller of travel and shall not audit any claims

filed against the security thereafter by consumers.

      2.  If one or more claims have been filed

against the security within 6 months after the seller of travel ceases to

operate or his or her registration expires, whichever occurs later, the

proceeds must not be released to the seller of travel or distributed to any

consumer earlier than 1 year after the seller of travel ceases to operate or

his or her registration expires, whichever occurs later.

      3.  For the purposes of this section, the

Commissioner shall determine the date on which a seller of travel ceases to

operate.

      (Added to NRS by 2001, 2149; A 2003, 1826, 2889; R temp. 2009, 2732;

R temp. 2011,

2652; R temp. 2013, 1054,

expires by limitation on June 30, 2015)

SIGHTSEEING TOURS

      NRS 598.405  Definitions. [Effective July 1, 2015.]  As

used in NRS 598.405 to 598.525,

inclusive, unless the context otherwise requires, the words and terms defined

in NRS 598.416 to 598.465,

inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 979; A 2003, 1826; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.416  “Advertise” and “advertisement” defined. [Effective July 1,

2015.]  “Advertise” and

“advertisement” mean the attempt by publication, dissemination, solicitation or

circulation to induce, directly or indirectly, any person to take a sightseeing

tour.

      (Added to NRS by 2001, 980; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.425  “Commissioner” defined. [Effective July 1, 2015.]  “Commissioner” means the Commissioner of the

Division.

      (Added to NRS by 2001, 980; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.435  “Division” defined. [Effective July 1, 2015.]  “Division” means the Consumer Affairs Division

of the Department of Business and Industry.

      (Added to NRS by 2001, 980; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.445  “Sightseeing tour” defined. [Effective July 1, 2015.]  “Sightseeing tour” means an excursion that:

      1.  Has a duration of 24 hours or less;

      2.  Travels to one or more points of interest;

and

      3.  Is conducted using one or more means of

motorized conveyance, including, without limitation, an airplane, bus,

helicopter, tour boat or touring raft.

      (Added to NRS by 2001, 980; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.455  “Tour broker” defined. [Effective July 1, 2015.]  “Tour broker” means a person who, in this

state, advertises a sightseeing tour for a tour operator and collects money

from customers for a sightseeing tour.

      (Added to NRS by 2001, 980; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.465  “Tour operator” defined. [Effective July 1, 2015.]  “Tour operator” means a person who, in this

state, engages in the business of providing a sightseeing tour to customers.

      (Added to NRS by 2001, 980; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.471  Tour broker and tour operator to register, pay fee and, if

applicable, deposit security before advertising services or conducting business

in this State; certificate of registration; renewal of certificate. [Effective

July 1, 2015.]

      1.  Before advertising its services or

conducting business in this State, a tour broker or tour operator must register

with the Division by:

      (a) Submitting to the Division an application for

registration on a form prescribed by the Division;

      (b) Paying to the Division a fee of $25; and

      (c) If the tour broker or tour operator is

subject to the provisions of NRS 598.495,

depositing the security required by NRS 598.495

with the Division.

      2.  The Division shall issue a certificate

of registration to the tour broker or tour operator upon receipt of:

      (a) The security in the proper form as required

by NRS 598.495, if the tour broker or tour operator

is subject to the provisions of NRS 598.495; and

      (b) The payment of the fee required by subsection

1.

      3.  A certificate of registration:

      (a) Is not transferable or assignable; and

      (b) Expires 1 year after it is issued.

      4.  A tour broker or tour operator must

renew a certificate of registration issued pursuant to this section before the

certificate expires by:

      (a) Submitting to the Division an application for

the renewal of the certificate on a form prescribed by the Division; and

      (b) Paying to the Division a fee of $25.

      (Added to NRS by 2003, 1824; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.475  Tour broker and tour operator required to disclose total price

in advertisement and prohibited from charging higher amount; notice required on

billing invoice; tour broker and tour operator required to honor valid coupon;

violation constitutes deceptive trade practice. [Effective through June 30,

2015.]

      1.  In each advertisement for a sightseeing

tour, a tour broker and a tour operator shall disclose in a clear and

conspicuous manner the total price a customer is required to pay to take the

sightseeing tour. Unless the inclusion of a fee or tax in the total price would

violate a specific statute of this state or a federal statute or regulation, the

total price must include, without limitation, all fees, taxes and other charges

that a customer for a sightseeing tour is required to pay to take the

sightseeing tour. If a fee or tax cannot be included in the total price because

its inclusion would violate a specific statute of this state or a federal

statute or regulation, the tour broker or tour operator, as applicable, shall

disclose in a clear and conspicuous manner that the fee or tax is not included

in the total price and must be paid in addition to the total price.

      2.  A tour broker and a tour operator shall

not charge a customer for a sightseeing tour an amount that exceeds the sum of:

      (a) The total price for the sightseeing tour

which is disclosed in an advertisement for the sightseeing tour; and

      (b) Any fee or tax that is not included in the

total price for the sightseeing tour because its inclusion would violate a

specific statute of this state or a federal statute or regulation.

      3.  On a billing invoice or receipt given

to a customer for a sightseeing tour, a tour broker and a tour operator shall

provide a clear and conspicuous notice which sets forth the provisions of

subsection 2.

      4.  If a tour operator issues or causes to

be issued a coupon or other indicia of discount or special promotion, the tour

operator shall honor the coupon or other indicia in good faith unless:

      (a) The coupon or other indicia sets forth a date

of expiration that is clearly legible; and

      (b) The date of expiration has passed.

      5.  The failure of a tour broker or tour

operator to comply with a provision of this section constitutes a deceptive

trade practice for the purposes of NRS 598.0903 to

598.0999, inclusive.

      6.  As used in this section:

      (a) “Advertise” or “advertisement” means the

attempt by publication, dissemination, solicitation or circulation to induce,

directly or indirectly, any person to take a sightseeing tour.

      (b) “Sightseeing tour” means an excursion that:

             (1) Has a duration of 24 hours or less;

             (2) Travels to one or more points of

interest; and

             (3) Is conducted using one or more means

of motorized conveyance, including, without limitation, an airplane, bus, helicopter,

tour boat or touring raft.

      (c) “Tour broker” means a person who, in this

State, advertises a sightseeing tour for a tour operator and collects money

from customers for a sightseeing tour.

      (d) “Tour operator” means a person who, in this

State, engages in the business of providing a sightseeing tour to customers.

      (Added to NRS by 2001, 980; A 2009, 2718;

2011, 2652;

2013, 1054)

      NRS 598.475  Tour broker and tour

operator required to disclose total price in advertisement and prohibited from

charging higher amount; notice required on billing invoice; tour broker and

tour operator required to honor valid coupon; violation constitutes deceptive

trade practice. [Effective July 1, 2015.]

      1.  In each advertisement for a sightseeing

tour, a tour broker and a tour operator shall disclose in a clear and

conspicuous manner the total price a customer is required to pay to take the

sightseeing tour. Unless the inclusion of a fee or tax in the total price would

violate a specific statute of this state or a federal statute or regulation,

the total price must include, without limitation, all fees, taxes and other

charges that a customer for a sightseeing tour is required to pay to take the

sightseeing tour. If a fee or tax cannot be included in the total price because

its inclusion would violate a specific statute of this state or a federal

statute or regulation, the tour broker or tour operator, as applicable, shall

disclose in a clear and conspicuous manner that the fee or tax is not included

in the total price and must be paid in addition to the total price.

      2.  A tour broker and a tour operator shall

not charge a customer for a sightseeing tour an amount that exceeds the sum of:

      (a) The total price for the sightseeing tour

which is disclosed in an advertisement for the sightseeing tour; and

      (b) Any fee or tax that is not included in the

total price for the sightseeing tour because its inclusion would violate a

specific statute of this state or a federal statute or regulation.

      3.  On a billing invoice or receipt given

to a customer for a sightseeing tour, a tour broker and a tour operator shall

provide a clear and conspicuous notice which:

      (a) Sets forth the provisions of subsection 2;

      (b) States that complaints concerning the charges

for a sightseeing tour may be directed to the Division; and

      (c) Provides a telephone number for the Division.

      4.  If a tour operator issues or causes to

be issued a coupon or other indicia of discount or special promotion, the tour

operator shall honor the coupon or other indicia in good faith unless:

      (a) The coupon or other indicia sets forth a date

of expiration that is clearly legible; and

      (b) The date of expiration has passed.

      5.  The failure of a tour broker or tour

operator to comply with a provision of this section constitutes a deceptive

trade practice for the purposes of NRS 598.0903 to

598.0999, inclusive.

      (Added to NRS by 2001, 980; A 2009, 2718;

2011, 2652;

2013, 1054,

effective July 1, 2015)

      NRS 598.485  Applicability of provisions limited to tour brokers and tour

operators operating in certain counties. [Effective July 1, 2015.]  The provisions of NRS

598.495, 598.506 and 598.515

do not apply to a tour broker whose business is confined to advertising, or a

tour operator whose business is confined to advertising and conducting,

sightseeing tours that originate in a county other than a county whose

population is 700,000 or more.

      (Added to NRS by 2001, 981; R

temp. 2009,

2732; A 2011,

1299; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.495  Security required to be deposited by tour broker and tour

operator: Form; term; amount; records; rejection for nonconformance; change in

form; inadequate amount. [Effective July 1, 2015.]

      1.  Each tour broker and tour operator

shall deposit with the Division:

      (a) A bond executed by a corporate surety

approved by the Commissioner and licensed to do business in this state;

      (b) An irrevocable letter of credit for which the

tour broker or tour operator is the obligor, issued by a bank whose deposits

are federally insured; or

      (c) A certificate of deposit in a financial

institution which is doing business in this state and which is federally

insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit

may be withdrawn only on the order of the Commissioner, except that the

interest may accrue to the tour broker or tour operator.

      2.  The term of the bond, letter of credit

or certificate of deposit, or any renewal thereof, must be not less than 1

year.

      3.  The amount of the bond, letter of

credit or certificate of deposit, or any renewal thereof, must be $10,000.

      4.  If the tour broker or tour operator

deposits a bond, the tour broker or tour operator shall keep accurate records

of the bond and the payments made on the premium. The records must be open to

inspection by the Division during business hours. The tour broker or tour

operator shall notify the Division not later than 30 days before the date of

expiration of the bond and provide written proof of the renewal of the bond to

the Division.

      5.  The Commissioner may reject any bond,

letter of credit or certificate of deposit that fails to conform to the

requirements of this chapter.

      6.  A tour broker or tour operator may

change the form of security that he or she has deposited with the Division. If

the tour broker or tour operator changes the form of the security, the

Commissioner may retain for not more than 1 year any portion of the security

previously deposited by the tour broker or tour operator as security for claims

arising during the time the previous security was in effect.

      7.  If the amount of the bond, letter of

credit or certificate of deposit falls below the amount required by this

section, the tour broker or tour operator shall, within 30 days, increase the

amount of the bond, letter of credit or certificate of deposit to the amount

required by this section.

      (Added to NRS by 2001, 981; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.506  Rights and remedies of injured consumers; resolution by Division

of claims against security; regulations. [Effective July 1, 2015.]

      1.  The security required to be deposited

by a tour broker or tour operator pursuant to NRS

598.495 must be held in trust for consumers injured by:

      (a) The bankruptcy of the tour broker or tour

operator; or

      (b) The tour broker’s or tour operator’s breach

of any agreement entered into in his or her capacity as a tour broker or tour

operator.

      2.  A consumer so injured may bring and

maintain an action in any court of competent jurisdiction to recover against

the security.

      3.  The Division may bring an action for

interpleader against all claimants upon the security. If the Division brings

such an action, the Division shall publish notice of the action at least once

each week for 2 weeks in a newspaper of general circulation in the county in

which the tour broker or tour operator has its principal place of business. The

Division may deduct its costs of the action, including, without limitation, the

costs of the publication of the notice, from the amount of the security. All

claims against the security have equal priority. If the security is

insufficient to pay all the claims in full, the claims must be paid pro rata.

If the tour broker or tour operator has posted a bond with the Division, the

surety is then relieved of all liability under the bond.

      4.  The Division may, in lieu of bringing

an action for interpleader pursuant to subsection 3, conduct a hearing to

determine the distribution of the security to claimants. The Division shall

adopt regulations to provide for adequate notice and the conduct of the

hearing. If the tour broker or tour operator has posted a bond with the

Division, distribution pursuant to this subsection relieves the surety of all

liability under the bond.

      (Added to NRS by 2001, 981; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.515  Release of security if tour broker or tour operator ceases to

operate. [Effective July 1, 2015.]

      1.  If no claims have been filed against

the security deposited with the Division pursuant to NRS

598.495 within 6 months after the tour broker or tour operator ceases to

operate, the Commissioner shall release the security to the tour broker or tour

operator and shall not audit any claims filed against the security thereafter

by consumers.

      2.  If one or more claims have been filed

against the security within 6 months after the tour broker or tour operator

ceases to operate, the proceeds must not be released to the tour broker or tour

operator or distributed to any consumer earlier than 1 year after the tour

broker or tour operator ceases to operate.

      3.  For the purposes of this section, the

Commissioner shall determine the date on which a tour broker or tour operator

ceases to operate.

      (Added to NRS by 2001, 982; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.525  Regulations. [Effective July 1, 2015.]  The

Commissioner may adopt such regulations as the Commissioner determines are

necessary to carry out the intent of NRS 598.405 to

598.525, inclusive.

      (Added to NRS by 2001, 982; A 2003, 1826; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

GRANT WRITING SERVICES

      NRS 598.535  Definitions.  As

used in NRS 598.535 to 598.595,

inclusive, unless the context otherwise requires, the words and terms defined

in NRS 598.545, 598.555

and 598.565 have the meanings ascribed to them in

those sections.

      (Added to NRS by 2011, 3581)

      NRS 598.545  “Buyer” defined.  “Buyer”

means a natural person who is solicited to purchase or who purchases the

services of a grant writing service.

      (Added to NRS by 2011, 3581)

      NRS 598.555  “Grant” defined.  “Grant”

means any money given by a governmental entity or any other person or

organization to finance a specific or general purpose.

      (Added to NRS by 2011, 3581)

      NRS 598.565  “Grant writing service” defined.  “Grant

writing service” means a person who, with respect to obtaining any grant or

other payment, loan or money, advertises, sells, provides or performs, or

represents that he or she can or will sell, provide or perform, any of the

following services in return for the payment of money or other valuable

consideration:

      1.  Writing an application for a grant for

a buyer.

      2.  Obtaining a grant for a buyer.

      3.  Providing advice or assistance to a

buyer in obtaining a grant.

      (Added to NRS by 2011, 3581)

      NRS 598.575  Applicability.  The

provisions of NRS 598.535 to 598.595,

inclusive, do not apply to:

      1.  A grant writing service which provides

services relating to an affordable housing and community development project

which is financed, in whole or in part, by tax credits for low-income housing,

private activity bonds or money provided by a private entity, government,

governmental agency or political subdivision of a government, including,

without limitation, any money provided pursuant to 12 U.S.C. § 1701q, 26 U.S.C.

§ 42, 42 U.S.C. § 8013 or 42 U.S.C. §§ 12701 et seq.

      2.  Education and training regarding

procedures for writing, obtaining or managing grants that is provided by an

educational institution which is accredited by an accrediting body that is

recognized by the United States Department of Education.

      (Added to NRS by 2011, 3581)

      NRS 598.585  Contracts for grant writing services: Requirements; content.  A contract between a buyer and a grant writing

service for the purchase of the services of the grant writing service:

      1.  Must be in writing.

      2.  Must be signed by the buyer or, if the

transaction is conducted electronically, otherwise acknowledged by the buyer.

      3.  Must be dated.

      4.  Must clearly indicate above the

signature or acknowledgment line that the buyer may cancel the contract within

5 days after execution of the contract by giving written notice to the grant

writing service of his or her intent to cancel the contract. If the notice is

mailed, the notice must be postmarked not later than 5 days after the execution

of the contract.

      5.  Must include a detailed description of

the services to be performed by the grant writing service for the buyer and the

total amount the buyer is obligated to pay for those services.

      6.  Must include a statement in at least

12-point bold type informing the buyer of his or her right to file a complaint

concerning the grant writing service with the Bureau of Consumer Protection in

the Office of the Attorney General, including the physical address and

telephone number for the Bureau.

      (Added to NRS by 2011, 3582)

      NRS 598.595  Violation constitutes deceptive trade practice.  Any violation of NRS

598.535 to 598.595, inclusive, constitutes a

deceptive trade practice for the purposes of NRS

598.0903 to 598.0999, inclusive.

      (Added to NRS by 2011, 3582)

CREDIT SERVICE ORGANIZATIONS, ORGANIZATIONS FOR BUYING

GOODS OR SERVICES AT DISCOUNT, DANCE STUDIOS AND HEALTH CLUBS

General Provisions

      NRS 598.701  Definitions.  As

used in NRS 598.701 to 598.736,

inclusive, unless the context otherwise requires, the words and terms defined

in NRS 598.706, 598.711

and 598.716 have the meanings ascribed to them in

those sections.

      (Added to NRS by 1997, 3192)

      NRS 598.706  “Commissioner” defined.  “Commissioner”

means the Commissioner of Mortgage Lending of the Department of Business and

Industry.

      (Added to NRS by 1997, 3192; A 2009, 2719)

      NRS 598.711  “Division” defined.  “Division”

means the Division of Mortgage Lending of the Department of Business and

Industry.

      (Added to NRS by 1997, 3192; A 2009, 2719)

      NRS 598.716  “Registrant” defined.  “Registrant”

means a credit service organization which is required to register and post

security with the Division pursuant to the provisions of this chapter.

      (Added to NRS by 1997, 3192; A 2009, 2719)

      NRS 598.721  Registration: Application; fee; deposit of security; certificate

of registration; renewal of certificate.

      1.  Each credit service organization

regulated by the provisions of this chapter shall apply for registration on the

form prescribed by the Division.

      2.  At the time of application for

registration, the applicant must pay to the Division an administrative fee of

$25 and deposit the required security with the Division.

      3.  Upon receipt of the security in the

proper form and the payment of the administrative fee required by this section,

the Division shall issue a certificate of registration to the applicant. A

certificate of registration:

      (a) Is not transferable or assignable; and

      (b) Expires 1 year after it is issued.

      4.  A registrant must renew a certificate

of registration issued pursuant to this section before the certificate expires

by submitting to the Division an application for the renewal of the certificate

on a form prescribed by the Division.

      (Added to NRS by 1997, 3192; A 2001, 2151; 2009, 2719)

      NRS 598.726  Security required for registration: Form; term; records;

rejection for nonconformance; change in form; inadequate amount.

      1.  Each registrant shall deposit with the

Division:

      (a) A bond executed by a corporate surety

approved by the Commissioner and licensed to do business in this state;

      (b) An irrevocable letter of credit for which the

registrant is the obligor, issued by a bank whose deposits are federally

insured; or

      (c) A certificate of deposit in a financial

institution which is doing business in this state and which is federally

insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit

may be withdrawn only on the order of the Commissioner, except that the

interest may accrue to the registrant.

      2.  The term of the bond, letter of credit

or certificate of deposit, or any renewal thereof, must be not less than 1

year.

      3.  If the registrant deposits a bond, the

registrant shall keep accurate records of the bond and the payments made on the

premium. The records must be open to inspection by the Division during business

hours. The registrant shall notify the Division not later than 30 days before

the date of expiration of the bond and provide written proof of the renewal of

the bond to the Division.

      4.  The Commissioner may reject any bond,

letter of credit or certificate of deposit which fails to conform to the

requirements of this chapter.

      5.  A registrant may change the form of

security which he or she has deposited with the Division. If the registrant

changes the form of the security, the Commissioner may retain for not more than

1 year any portion of the security previously deposited by the registrant as

security for claims arising during the time the previous security was in

effect.

      6.  If the amount of the deposited security

falls below the amount required by this chapter for that security, the

registrant shall be deemed not to be registered as required by NRS 598.721 for the purposes of this chapter.

      (Added to NRS by 1997, 3192; A 1999, 1517)

      NRS 598.731  Rights and remedies of injured consumers; resolution by Division

of claims against security; regulations.

      1.  The security required to be deposited

by a registrant pursuant to NRS 598.726 must be

held in trust for consumers injured by the bankruptcy of the registrant or the

registrant’s breach of any agreement entered into in his or her capacity as a

registrant.

      2.  A consumer so injured may bring and

maintain an action in any court of competent jurisdiction to recover against

the security.

      3.  The Division may bring an action for

interpleader against all claimants upon the security. If the Division brings

such an action, the Division shall publish notice of the action at least once

each week for 2 weeks in a newspaper of general circulation in the county in

which the organization has its principal place of business. The Division may

deduct its costs of the action, including the costs of the publication of the

notice, from the amount of the security. All claims against the security have

equal priority. If the security is insufficient to pay all the claims in full,

the claims must be paid pro rata. If the registrant has posted a bond with the

Division, the surety is then relieved of all liability under the bond.

      4.  The Division may, in lieu of bringing

an action for interpleader pursuant to subsection 3, conduct a hearing to

determine the distribution of the security to claimants. The Division shall

adopt regulations to provide for adequate notice and the conduct of the

hearing. If the registrant has posted a bond with the Division, distribution

pursuant to this subsection relieves the surety of all liability under the bond.

      5.  If the security is sufficient to pay

all claims against the security in full, the Division may deduct from the

amount of the security, the cost of any investigation or hearing it conducted

to determine the distribution of the security.

      (Added to NRS by 1997, 3193; A 2001, 2151)

      NRS 598.736  Release of security if registrant ceases to operate or

registration expires.

      1.  If no claims have been filed against

the security deposited with the Division pursuant to NRS

598.726 within 6 months after the registrant ceases to operate or his or

her registration expires, whichever occurs later, the Commissioner shall

release the security to the registrant and shall not audit any claims filed

against the security thereafter by consumers.

      2.  If one or more claims have been filed

against the security within 6 months after the registrant ceases to operate or

his or her registration expires, whichever occurs later, the proceeds must not

be released to the registrant or distributed to any consumer earlier than 1

year after the registrant ceases to operate or his or her registration expires,

whichever occurs later.

      3.  For the purposes of this section, the

Commissioner shall determine the date on which a registrant ceases to operate.

      (Added to NRS by 1997, 3193)

Credit Service Organizations

      NRS 598.741  Definitions.  As

used in NRS 598.741 to 598.787,

inclusive, unless the context otherwise requires:

      1.  “Buyer” means a natural person who is

solicited to purchase or who purchases the services of an organization which

provides credit services.

      2.  “Commissioner” means the Commissioner

of Mortgage Lending.

      3.  “Division” means the Division of

Mortgage Lending of the Department of Business and Industry.

      4.  “Extension of credit” means the right

to defer payment of debt or to incur debt and defer its payment, offered or

granted primarily for personal, family or household purposes.

      5.  “Organization”:

      (a) Means a person who, with respect to the

extension of credit by others, sells, provides or performs, or represents that

he or she can or will sell, provide or perform, any of the following services,

in return for the payment of money or other valuable consideration:

             (1) Improving a buyer’s credit record,

history or rating.

             (2) Obtaining an extension of credit for a

buyer.

             (3) Providing counseling or assistance to

a person in establishing or effecting a plan for the payment of his or her

indebtedness, unless that counseling or assistance is provided by and is within

the scope of the authorized practice of a provider of debt-management services

registered pursuant to chapter 676A of NRS.

             (4) Providing advice or assistance to a

buyer with regard to subparagraph (1) or (2).

      (b) Does not include:

             (1) A person organized, chartered or

holding a license or authorization certificate to make loans or extensions of

credit pursuant to the laws of this state or the United States who is subject

to regulation and supervision by an officer or agency of this state or the

United States.

             (2) A bank, credit union or savings and

loan institution whose deposits or accounts are eligible for insurance by the

Federal Deposit Insurance Corporation, the National Credit Union Share

Insurance Fund or a private insurer approved pursuant to NRS 678.755.

             (3) A person licensed as a real estate

broker by this state where the person is acting within the course and scope of

that license, unless the person is rendering those services in the course and

scope of employment by or other affiliation with an organization.

             (4) A person licensed to practice law in

this state where the person renders services within the course and scope of his

or her practice as an attorney at law, unless the person is rendering those

services in the course and scope of employment by or other affiliation with an

organization.

             (5) A broker-dealer registered with the

Securities and Exchange Commission or the Commodity Futures Trading Commission

where the broker-dealer is acting within the course and scope of such

regulation.

             (6) A person registered as a provider of

debt-management services pursuant to chapter

676A of NRS.

             (7) A reporting agency.

      6.  “Reporting agency” means a person who,

for fees, dues or on a cooperative nonprofit basis, regularly engages in whole

or in part in the business of assembling or evaluating information regarding

the credit of or other information regarding consumers to furnish consumer

reports to third parties, regardless of the means or facility of commerce used

to prepare or furnish the consumer reports. The term does not include:

      (a) A person solely for the reason that he or she

conveys a decision regarding whether to guarantee a check in response to a

request by a third party;

      (b) A person who obtains or creates a consumer

report and provides the report or information contained in it to a subsidiary

or affiliate; or

      (c) A person licensed pursuant to chapter 463 of NRS.

      (Added to NRS by 1987, 1517; A 1989, 935; 1993, 1798, 2272, 2801; 1995, 692; 1999, 1518, 2544; 2009, 1998,

2719)

      NRS 598.746  Prohibited acts: Receiving money before complete performance;

receiving money for referral to provider of credit; misleading statements;

other fraudulent or deceptive acts.  An

organization and its agents, employees and representatives who sell or attempt

to sell the services of the organization, shall not:

      1.  Charge or receive any money or other

valuable consideration before full and complete performance of the services the

organization has agreed to perform for or on behalf of the buyer.

      2.  Charge or receive any money or other

valuable consideration solely for referral of the buyer to a retail seller who

will or may extend credit to the buyer, if the credit which is or will be

extended to the buyer is upon substantially the same terms as those available

to the general public.

      3.  Make, counsel or advise any buyer to

make, any statement which is untrue or misleading and which is known, or which

by the exercise of reasonable care should be known, to be untrue or misleading,

to a consumer credit reporting agency or to any person who has extended credit

to a buyer or to whom a buyer is applying for an extension of credit, with

respect to a buyer’s creditworthiness, credit standing or credit capacity.

      4.  Make or use any untrue or misleading

representations in the offer or sale of the services of an organization. For

the purposes of this subsection, a “misleading representation” includes a

guarantee that:

      (a) The organization is able to remove

information that is adverse to the buyer’s ability to obtain credit from the

buyer’s credit record, history or rating.

      (b) The organization is able to obtain an

extension of credit for the buyer regardless of the buyer’s existing credit

record, history or rating.

      5.  Engage, directly or indirectly, in any

act, practice or course of business which operates or would operate as a fraud

or deception upon any person in connection with the offer or sale of the

services of an organization.

      6.  Remove, or assist or advise the buyer

to remove from the buyer’s credit record, history or rating, information that

is adverse to the buyer’s ability to obtain credit if the information is

accurate and not obsolete.

      7.  Create, or assist or advise the buyer

to create a new credit record, history or rating by using a different name,

address, social security number, employee identification number or other

misleading information.

      8.  Attempt to transfer or assign the organization’s

certificate of registration.

      9.  Submit a buyer’s dispute to a consumer

credit reporting agency without the buyer’s knowledge.

      10.  Call, or authorize any other person

who is not the buyer to call a consumer credit reporting agency and portray

himself or herself as the buyer.

      (Added to NRS by 1987, 1518; A 1993, 2274)

      NRS 598.752  Organization to register and deposit security before advertising

services or conducting business in this State; separate security not required

from salesperson, agent or representative of organization; regulations.

      1.  Before advertising its services or

conducting business in this State, an organization must register pursuant to NRS 598.721 and deposit security in the amount of

$100,000 with the Division pursuant to NRS 598.726.

The security must be conditioned on compliance by the organization with the

provisions of NRS 598.746 to 598.772,

inclusive, and the terms of its contracts with buyers.

      2.  If an organization has deposited the

required security, a salesperson, agent or representative of the organization

who sells its services is not required to deposit his or her own separate

security. For the purposes of this subsection, a person is a salesperson, agent

or representative of an organization if:

      (a) He or she does business under the same name

as the organization; or

      (b) The organization and the issuer of the

security certify in writing that the security covers the salesperson, agent or

representative.

      3.  The Division shall adopt such

regulations as it deems necessary to carry out the provisions of this section.

      (Added to NRS by 1993, 2272; A 1997, 3196)

      NRS 598.757  Organization to provide buyer certain information in writing.

      1.  Before the execution of a contract between

the buyer and an organization or before the receipt by the organization of any

money or other valuable consideration, whichever occurs first, the organization

must provide to the buyer, in writing:

      (a) A statement:

             (1) That the buyer has a right pursuant to

15 U.S.C. §§ 1681g and 1681h to receive disclosure of all information, except

medical information, in any file on him or her maintained by a consumer credit

reporting agency;

             (2) That 15 U.S.C. § 1681j requires that

this disclosure be made free to the buyer if he or she requests it within 30

days after receipt of notice of a denial of credit;

             (3) Of the approximate cost to the buyer

of receiving this disclosure when there has not been a denial of credit; and

             (4) That the buyer has the right pursuant

to 15 U.S.C. § 1681i to dispute the completeness or accuracy of any item

contained in any file on him or her maintained by any consumer credit reporting

agency.

      (b) A detailed description of the services to be

performed by the organization for the buyer and the total amount the buyer will

become obligated to pay for the services.

      (c) A statement that the buyer has a right to

proceed against the security deposited with the Division by the organization

under the circumstances and in the manner set forth in NRS

598.731 and 598.736. The statement provided

pursuant to this paragraph must include the name and address of the issuer of

the security.

      (d) A statement that the buyer may cancel a

contract for the services of an organization within 5 days after its execution

by written notice mailed or delivered to the organization.

      (e) A statement identifying the availability of

any nonprofit association which provides services similar to those offered by

the organization. The statement provided pursuant to this paragraph must

include the association’s telephone number, including the association’s

national toll-free telephone number, if any.

      2.  The written information provided

pursuant to subsection 1 must be printed in at least 10-point bold type and

must include the following statement or a similar statement approved by the

Division:

 

RIGHTS

OF CONSUMERS REGARDING CREDIT FILES

PURSUANT

TO STATE AND FEDERAL LAW

 

       You have the right to obtain

a copy of your credit file from a consumer credit reporting agency. There is no

fee if, within the past 30 days, you have been turned down for credit,

employment or insurance because of information in your credit report. The

consumer credit reporting agency is obligated to provide someone to help you

interpret the information in your credit file.

       You have a right to dispute

inaccurate information by contacting the consumer credit reporting agency

directly. However, neither you nor any credit service organization has the

right to have accurate, current and verifiable information removed from your

credit report. Generally, under the Fair Credit Reporting Act, the consumer

credit reporting agency is obligated to remove accurate, negative information

from your report only if it is more than 7 years old and bankruptcy information

can be reported for 10 years. If you have notified a credit reporting agency

that you dispute the accuracy of information in your credit file, the consumer

credit reporting agency is obligated to make an investigation and modify or

remove inaccurate information. The consumer credit reporting agency may not

charge a fee for this service. Any relevant information and copies of all

documents you have concerning the disputed information should be given to the

consumer credit reporting agency. If the investigation does not resolve the

dispute to your satisfaction, you may send a brief statement to the consumer

credit reporting agency to keep in your credit file, explaining why you think

the information in the credit file is inaccurate. The consumer credit reporting

agency is obligated to include your statement or a summary of your statement

about disputed information in any report it issues about you.

 

RIGHTS

OF CONSUMERS REGARDING

CANCELLATION

OF A CONTRACT

 

       You have a right to give

written notice of your intent to cancel a contract with a credit service

organization for any reason within 5 working days from the date you signed it.

If for any reason you do cancel a contract during this time, you do not owe any

money. You have a right to sue a credit service organization if it misleads

you.

 

      3.  The organization shall retain a copy of

the written information it provides pursuant to the requirements of subsections

1 and 2 for not less than 2 years.

      (Added to NRS by 1987, 1518; A 1993, 2274; 1997, 3197)

      NRS 598.762  Requirements of contract for purchase of services; copy of

contract must be retained by organization.

      1.  A contract between a buyer and an

organization for the purchase of the services of the organization:

      (a) Must be in writing;

      (b) Must be signed by the buyer;

      (c) Must be dated; and

      (d) Must clearly indicate above the signature

line that the buyer may cancel the contract within 5 days after its execution

by giving written notice to the organization of his or her intent to cancel the

contract. If the notice is mailed, it must be postmarked not later than 5 days

after the execution of the contract.

      2.  A copy of each contract executed by a

buyer and an organization must be retained by the organization for not less than

2 years.

      (Added to NRS by 1987, 1519; A 1993, 2276)

      NRS 598.767  Organization to maintain registered agent for service of legal

process.  An organization shall

file with the Division the information required pursuant to NRS 77.310 and continuously maintain a

registered agent for service of legal process.

      (Added to NRS by 1993, 2272; A 2007, 2721)

      NRS 598.772  Waiver of statutory rights prohibited; burden of proof upon

person claiming exemption or exception from definition.

      1.  Any waiver by a buyer of the provisions

of NRS 598.746 to 598.777,

inclusive, is contrary to public policy and is void and unenforceable. Any

attempt by an organization to have a buyer waive rights given by NRS 598.746 to 598.777,

inclusive, is unlawful.

      2.  In any proceeding involving NRS 598.741 to 598.787,

inclusive, the burden of proving an exemption or an exception from a definition

is upon the person claiming it.

      (Added to NRS by 1987, 1520; A 1993, 2277)

      NRS 598.777  Buyer’s action for recovery of damages or injunctive relief;

attorney’s fees; punitive damages.  A

buyer injured by a violation of NRS 598.746 to 598.772, inclusive, or by a breach by an organization

of a contract subject to those sections, may bring an action for recovery of

damages, for injunctive relief or for both recovery of damages and injunctive

relief. Judgment for damages must be entered for actual damages, but in no case

less than the amount paid by the buyer to the organization, plus reasonable

attorney’s fees and costs. If the court deems it proper, the court may award

punitive damages.

      (Added to NRS by 1987, 1520; A 1993, 2277)

      NRS 598.782  Criminal penalty.

      1.  Except as otherwise provided in

subsection 2, a person who violates any provision of NRS

598.746 to 598.772, inclusive, is guilty of a

misdemeanor.

      2.  A person who breaches a contract

subject to NRS 598.746 to 598.772,

inclusive, is not guilty of a misdemeanor solely because of the breach.

      (Added to NRS by 1987, 1520; A 1993, 2277)

      NRS 598.787  Provisions and remedies not exclusive; violation constitutes

deceptive trade practice.

      1.  The provisions of NRS 598.746 to 598.777,

inclusive, are not exclusive and do not relieve the parties or the contracts

subject thereto from compliance with any other applicable provision of law.

      2.  The remedies provided in NRS 598.772 and 598.777

for violation of any provision of NRS 598.746 to 598.772, inclusive, are in addition to any other

procedures or remedies for any violation or conduct provided for in any other

law.

      3.  Any violation of NRS

598.746 to 598.772, inclusive, constitutes a

deceptive trade practice for the purposes of NRS

598.0903 to 598.0999, inclusive.

      (Added to NRS by 1987, 1520; A 1993, 1959, 2278; 1995, 692; 1997, 3198)

Organizations for Buying Goods or Services at Discount

      NRS 598.840  Definitions. [Effective through June 30, 2015.]  As used in NRS 598.840

to 598.930, inclusive, unless the context otherwise

requires:

      1.  “Affiliate organization” means an

organization for buying goods or services at a discount that:

      (a) Is a subsidiary of a parent business entity;

or

      (b) Operates under a franchise granted by a

parent business entity.

      2.  “Business day” means any calendar day

except Sunday, or the following business holidays: New Year’s Day, Martin

Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence

Day, Labor Day, Nevada Day, Veterans Day, Thanksgiving Day and Christmas Day.

      3.  “Buyer” means a person who purchases by

contract a membership in an organization for buying goods or services at a

discount.

      4.  “Franchise” has the meaning ascribed to

it in 16 C.F.R. § 436.2, as amended or substituted in revision by the Federal

Trade Commission.

      5.  “Organization for buying goods or

services at a discount” or “organization” means a person who, for a

consideration, provides or claims to provide a buyer with the ability to

purchase goods or services at a price which is represented to be lower than the

price generally charged in the area. The term includes, without limitation, an

affiliate organization.

      6.  “Parent business entity” or “parent”

means any business entity that, directly or indirectly, has owned, operated,

controlled or granted franchises to, in any combination thereof, at least 15

organizations or affiliate organizations for a consecutive period of 5 years or

more.

      7.  “Subsidiary” means an organization for

buying goods or services at a discount that is owned, operated or controlled,

either directly or indirectly or in whole or in part, by a parent business

entity.

      (Added to NRS by 1985, 960; A 1993, 1800, 1960; 1995, 663; 1997, 3199; 2005, 1373; 2009, 2720;

2011, 2652;

2013, 1054)

      NRS 598.840  Definitions. [Effective

July 1, 2015.]  As used in NRS 598.840 to 598.930,

inclusive, unless the context otherwise requires:

      1.  “Affiliate organization” means an

organization for buying goods or services at a discount that:

      (a) Is a subsidiary of a parent business entity;

or

      (b) Operates under a franchise granted by a

parent business entity.

      2.  “Business day” means any calendar day

except Sunday, or the following business holidays: New Year’s Day, Martin

Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence

Day, Labor Day, Nevada Day, Veterans Day, Thanksgiving Day and Christmas Day.

      3.  “Buyer” means a person who purchases by

contract a membership in an organization for buying goods or services at a

discount.

      4.  “Commissioner” means the Commissioner

of the Consumer Affairs Division.

      5.  “Division” means the Consumer Affairs

Division of the Department of Business and Industry.

      6.  “Franchise” has the meaning ascribed to

it in 16 C.F.R. § 436.2, as amended or substituted in revision by the Federal

Trade Commission.

      7.  “Organization for buying goods or

services at a discount” or “organization” means a person who, for a

consideration, provides or claims to provide a buyer with the ability to

purchase goods or services at a price which is represented to be lower than the

price generally charged in the area. The term includes, without limitation, an

affiliate organization.

      8.  “Parent business entity” or “parent”

means any business entity that, directly or indirectly, has owned, operated,

controlled or granted franchises to, in any combination thereof, at least 15

organizations or affiliate organizations for a consecutive period of 5 years or

more.

      9.  “Registrant” means an organization for

buying goods or services at a discount which is required to register and post

security with the Division pursuant to the provisions of NRS

598.840 to 598.930, inclusive.

      10.  “Subsidiary” means an organization for

buying goods or services at a discount that is owned, operated or controlled,

either directly or indirectly or in whole or in part, by a parent business

entity.

      (Added to NRS by 1985, 960; A 1993, 1800, 1960; 1995, 663; 1997, 3199; 2005, 1373; 2009, 2720,

2721; 2011, 2652;

2013, 1054,

effective July 1, 2015)

      NRS 598.845  Scope. [Effective July 1, 2015.]  An

organization in which:

      1.  The consideration for the contract for

membership is $50 or less or is an annual fee of $25 or less; or

      2.  Providing goods or services at a

discount is not the primary purpose of the organization but is incidental to

membership in the organization,

Ê is not

subject to the provisions of NRS 598.840 to 598.930, inclusive.

      (Added to NRS by 1985, 960; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.851  Organization to register and post security before advertising

services or conducting business in this State. [Effective July 1, 2015.]  Before advertising its services or conducting

business in this State, an organization for buying goods or services at a

discount must register pursuant to NRS 598.721 and

post security in the amount of $50,000 with the Consumer Affairs Division

pursuant to NRS 598.726. The security must be

conditioned on compliance by the organization with the provisions of NRS 598.840 to 598.930,

inclusive, the terms of the buyer’s contract for membership in the organization

and the terms of any contract with the buyer for the purchase of goods or

services.

      (Added to NRS by 1997, 3194; A 2005, 1374; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.852  Organization to register on prescribed form and pay fee;

certificate of registration; renewal of certificate. [Effective July 1, 2015.]

      1.  Each organization for buying goods or

services at a discount regulated by the provisions of NRS

598.840 to 598.930, inclusive, shall apply for

registration on the form prescribed by the Division.

      2.  At the time of application for

registration, the applicant must pay to the Division an administrative fee of

$25 and deposit the required security with the Division.

      3.  Upon receipt of the security in the

proper form and the payment of the administrative fee required by this section,

the Division shall issue a certificate of registration to the applicant. A

certificate of registration:

      (a) Is not transferable or assignable; and

      (b) Expires 1 year after it is issued.

      4.  A registrant must renew a certificate

of registration issued pursuant to this section before the certificate expires

by submitting to the Division an application for the renewal of the certificate

on a form prescribed by the Division.

      (Added to NRS by 2009, 2709;

A 2011,

2652; 2013,

1054, effective July 1, 2015)

      NRS 598.853  Security required for registration: Form; term; records;

rejection for nonconformance; change in form; inadequate amount. [Effective

July 1, 2015.]

      1.  Each registrant shall deposit with the

Division:

      (a) A bond executed by a corporate surety

approved by the Commissioner and licensed to do business in this State;

      (b) An irrevocable letter of credit for which the

registrant is the obligor, issued by a bank whose deposits are federally

insured; or

      (c) A certificate of deposit in a financial

institution which is doing business in this State and which is federally

insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit

may be withdrawn only on the order of the Commissioner, except that the

interest may accrue to the registrant.

      2.  The term of the bond, letter of credit

or certificate of deposit, or any renewal thereof, must be not less than 1

year.

      3.  If the registrant deposits a bond, the

registrant shall keep accurate records of the bond and the payments made on the

premium. The records must be open to inspection by the Division during business

hours. The registrant shall notify the Division not later than 30 days before the

date of expiration of the bond and provide written proof of the renewal of the

bond to the Division.

      4.  The Commissioner may reject any bond,

letter of credit or certificate of deposit which fails to conform to the

requirements of NRS 598.840 to 598.930, inclusive.

      5.  A registrant may change the form of

security which he or she has deposited with the Division. If the registrant

changes the form of the security, the Commissioner may retain for not more than

1 year any portion of the security previously deposited by the registrant as

security for claims arising during the time the previous security was in

effect.

      6.  If the amount of the deposited security

falls below the amount required by NRS 598.840 to 598.930, inclusive, for that security, the registrant

shall be deemed not to be registered as required by NRS

598.852 for the purposes of NRS 598.840 to 598.930, inclusive.

      (Added to NRS by 2009, 2709;

A 2011,

2652; 2013,

1054, effective July 1, 2015)

      NRS 598.854  Rights and remedies of injured consumers; resolution by Division

of claims against security; regulations. [Effective July 1, 2015.]

      1.  The security required to be deposited

by a registrant pursuant to NRS 598.853 must be

held in trust for consumers injured by the bankruptcy of the registrant or the

registrant’s breach of any agreement entered into in his or her capacity as a registrant.

      2.  A consumer so injured may bring and

maintain an action in any court of competent jurisdiction to recover against

the security.

      3.  The Division may bring an action for

interpleader against all claimants upon the security. If the Division brings

such an action, the Division shall publish notice of the action at least once

each week for 2 weeks in a newspaper of general circulation in the county in

which the organization has its principal place of business. The Division may

deduct its costs of the action, including the costs of the publication of the

notice, from the amount of the security. All claims against the security have

equal priority. If the security is insufficient to pay all the claims in full,

the claims must be paid pro rata. If the registrant has posted a bond with the

Division, the surety is then relieved of all liability under the bond.

      4.  The Division may, in lieu of bringing

an action for interpleader pursuant to subsection 3, conduct a hearing to

determine the distribution of the security to claimants. The Division shall

adopt regulations to provide for adequate notice and the conduct of the

hearing. If the registrant has posted a bond with the Division, distribution

pursuant to this subsection relieves the surety of all liability under the

bond.

      5.  If the security is sufficient to pay

all claims against the security in full, the Division may deduct from the

amount of the security, the cost of any investigation or hearing it conducted

to determine the distribution of the security.

      (Added to NRS by 2009, 2710;

A 2011,

2652; 2013,

1054, effective July 1, 2015)

      NRS 598.8541  Release of security if registrant ceases to operate or

registration expires. [Effective July 1, 2015.]

      1.  If no claims have been filed against

the security deposited with the Division pursuant to NRS

598.853 within 6 months after the registrant ceases to operate or his or

her registration expires, whichever occurs later, the Commissioner shall

release the security to the registrant and shall not audit any claims filed

against the security thereafter by consumers.

      2.  If one or more claims have been filed

against the security within 6 months after the registrant ceases to operate or

his or her registration expires, whichever occurs later, the proceeds must not

be released to the registrant or distributed to any consumer earlier than 1

year after the registrant ceases to operate or his or her registration expires,

whichever occurs later.

      3.  For the purposes of this section, the

Commissioner shall determine the date on which a registrant ceases to operate.

      (Added to NRS by 2009, 2710;

A 2011,

2652; 2013,

1054, effective July 1, 2015)

      NRS 598.855  Trust account required for payments on contracts. [Effective

July 1, 2015.]

      1.  Before the organization receives any

money from any buyer pursuant to a contract for membership in the organization,

it shall establish a trust account for payments on contracts at a financial

institution that is federally insured or insured by a private insurer approved

pursuant to NRS 678.755. Each payment

from a buyer for his or her contract for membership, except for $50 of the

first payment, must be deposited in the trust account.

      2.  Except as otherwise provided in

subsection 3, during each quarter of the term of a buyer’s contract or each 6

months, whichever period is shorter, the trustee shall withdraw one-quarter of

the buyer’s payments under the contract from the trust account and pay the

amount to the organization.

      3.  If an affiliate organization obtains

the express consent of its parent and the parent posts the security required by

subsection 4, the affiliate organization may:

      (a) Authorize the parent to serve as the trustee

pursuant to NRS 598.865 for the trust accounts

required by this section and NRS 598.860; and

      (b) Authorize the trustee to make the following

withdrawals from the trust account required by this section:

             (1) During the first quarter of the term

of a buyer’s contract or the first 6 months, whichever period is shorter, the

trustee shall withdraw not more than one-half of the buyer’s payments under the

contract from the trust account and pay the amount to the affiliate

organization; and

             (2) During the second quarter of the term

of the buyer’s contract or the second 6 months, whichever period is shorter,

the trustee shall withdraw the remaining balance of the buyer’s payments under

the contract from the trust account and pay the amount to the affiliate

organization.

      4.  Before a trustee may withdraw money

from a trust account pursuant to subsection 3, the parent must post security in

the amount of $250,000 with the Consumer Affairs Division pursuant to NRS 598.726. The security posted by the parent:

      (a) Provides coverage for all of the parent’s

affiliate organizations that are authorized to act pursuant to subsection 3;

      (b) Must be conditioned on compliance by such an

affiliate organization with the provisions of NRS

598.840 to 598.930, inclusive, the terms of the

buyer’s contract for membership in the affiliate organization and the terms of

any contract with the buyer for the purchase of goods or services; and

      (c) May be used to pay a claim against such an

affiliate organization only if the security posted by the affiliate

organization pursuant to NRS 598.851 has been

exhausted.

      5.  If the organization sells, transfers or

assigns the contract with the buyer to a third party, and the third party gives

reasonable consideration for the contract, the organization shall deposit the

consideration in the trust account. If the third party does not give reasonable

consideration for the contract, the organization shall deposit all payments on

the contract from the buyer in the organization’s trust account for payments on

the contract.

      (Added to NRS by 1985, 961; A 1999, 1519; 2005, 1374; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.860  Trust account required for payments on goods and services. [Effective

July 1, 2015.]

      1.  Before the organization accepts money

from any buyer for an order of goods or services, it shall establish a trust

account for the deposit of payments on goods or services. The organization

shall deposit all money received from each buyer for goods or services,

including charges for freight, delivery, installation or taxes or other

charges, unless the total cost is $50 or less in the trust account. The trust

account must be for the benefit of buyers who order goods or services from the

organization.

      2.  The trustee may withdraw money from the

trust account for payments on goods or services to pay the source of the goods

or services ordered by the buyer, or to make a refund to the buyer. After such

withdrawal, the trustee may withdraw that percentage of the remainder of the

deposit from the buyer which represents the organization’s profit.

      (Added to NRS by 1985, 962; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.865  Administration of trust accounts; audits. [Effective July 1,

2015.]

      1.  Except as otherwise provided in

subsection 3 of NRS 598.855, the trust accounts

required by NRS 598.855 and 598.860

must be administered by an independent trustee approved by the Commissioner.

All fees charged by the trustee to administer a trust account must be paid by

the organization.

      2.  The trustee shall withdraw money from

the trust account for payments on goods or services only upon written proof

from the source of the goods or services that the items have been shipped or

delivered to the buyer. The Commissioner may audit the trustee as necessary to

ensure compliance with NRS 598.840 to 598.930, inclusive.

      (Added to NRS by 1985, 962; A 2005, 1375; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.870  Disclosure of information to buyer required before buyer signs

contract or application for membership.  Each

organization, before the prospective buyer signs a contract or application for

membership in the organization, shall give to the buyer in writing:

      1.  A description of the exact nature of

the services it provides, specifying the general categories of goods which are

available at the organization’s place of business or warehouse, those

categories of goods which must be ordered or obtained through stores to which

the organization refers the buyer and those categories of goods which must be

ordered or obtained through the mail.

      2.  A list, current within 60 days

immediately preceding the signing of the contract, of at least 100 items which

are sold by or through the organization or available to a buyer, identified by

the name of the brand, model and total price including a reasonable estimate of

charges for freight, delivery and installation, the organization’s markup and a

reasonable estimate of any other charges the organization imposes. The items

must be reasonably representative of the type of goods available. In lieu of

providing such a list, the organization shall give to the buyer, in writing, a

list of at least 100 items which were purchased by its members through the

discount buying organization during the preceding 60 days. The list must

identify the items by the name of the brand, model and total selling price

including charges for freight, delivery and installation, the organization’s

markup, and any other charges imposed by the discount buying organization, and

must be representative as to the type of goods sold and the prices charged for

the goods listed as sold during that period. If the number of different items

available through an organization is less than 100, it may furnish a list of

the total items available, containing the same information as the previous

lists, with a statement that those are the only goods available. Any list

required by this subsection must state the date on which it was prepared.

      3.  A statement of the organization’s

policy with respect to warranties or guarantees on goods ordered, and the

policy with respect to the return of ordered goods, cancellation of orders by

the buyer and refunds for cancellation or return.

      4.  A description of any charges, such as

charges for freight, delivery and installation, the seller’s markup and any

other charges which are incidental to the purchase of goods and which are to be

paid by the buyer. A disclosure of specific costs must also be made on each

order placed through the organization.

      5.  A statement whether any stockholder,

director, officer, general or limited partner of the discount buying

organization:

      (a) Has been convicted of a felony or misdemeanor

or pleaded nolo contendere to a felony or misdemeanor charge, if it involved

fraud, embezzlement, misappropriation of property or a violation of NRS 598.840 to 598.930,

inclusive;

      (b) Has been held liable in a civil action by

final judgment or consented to the entry of a stipulated judgment if the civil

action alleged fraud, embezzlement, misappropriation of property, a violation

of NRS 598.840 to 598.930,

inclusive, the use of untrue or misleading representations in an attempt to

sell or dispose of real or personal property, or the use of unfair, unlawful or

deceptive business practices; or

      (c) Is subject to a currently effective

injunction or restrictive order relating to any business activity as the result

of an action brought by a governmental agency, and including the name of the

court, the date of the order or injunction and the name of the governmental

agency that filed the action.

      (Added to NRS by 1985, 962)

      NRS 598.875  Requirements for contracts for membership. [Effective through

June 30, 2015.]  Each contract for

membership in an organization must:

      1.  Be in writing, legible and have all

spaces filled in before the buyer signs it;

      2.  Be in the language in which the sales

presentation was given;

      3.  Contain the addresses of the buyer and

the organization;

      4.  Be given to the buyer when he or she

signs it;

      5.  Specify the term of the membership of

the buyer, which may not be measured by the buyer’s life;

      6.  Clearly specify the buyer’s right to

cancel the contract pursuant to NRS 598.885;

      7.  Clearly specify the buyer’s right to

rescind the contract and to be given a refund pro rata pursuant to NRS 598.910 and the conditions and limitations on that

right;

      8.  Clearly specify the buyer’s right to a

refund on the purchase of goods pursuant to NRS 598.895

and the conditions and limitations on that right; and

      9.  Clearly specify whether or not the

buyer is given any other rights to a refund on the purchase of goods or

services and, if so, any conditions and limitations on those rights.

      (Added to NRS by 1985, 963; A 1997, 3199; 2005, 1375; 2009, 2722;

2011, 2652;

2013, 1054)

      NRS 598.875  Requirements for

contracts for membership. [Effective July 1, 2015.]  Each

contract for membership in an organization must:

      1.  Be in writing, legible and have all

spaces filled in before the buyer signs it;

      2.  Be in the language in which the sales

presentation was given;

      3.  Contain the addresses of the buyer and

the organization;

      4.  Be given to the buyer when he or she

signs it;

      5.  Disclose that the security required by NRS 598.726, 598.851 and,

if applicable, NRS 598.855 has been obtained and

deposited with the Consumer Affairs Division;

      6.  Specify the term of the membership of

the buyer, which may not be measured by the buyer’s life;

      7.  Clearly specify the buyer’s right to

cancel the contract pursuant to NRS 598.885;

      8.  Clearly specify the buyer’s right to

rescind the contract and to be given a refund pro rata pursuant to NRS 598.910 and the conditions and limitations on that

right;

      9.  Clearly specify the buyer’s right to a

refund on the purchase of goods pursuant to NRS 598.895

and the conditions and limitations on that right; and

      10.  Clearly specify whether or not the

buyer is given any other rights to a refund on the purchase of goods or

services and, if so, any conditions and limitations on those rights.

      (Added to NRS by 1985, 963; A 1997, 3199; 2005, 1375; 2009, 2722;

2011, 2652;

2013, 1054,

effective July 1, 2015)

      NRS 598.880  Limits on contracts for membership.  A

contract for membership in an organization must not:

      1.  Require payments or financing by the

buyer for more than 2 years from the date the contract was executed; or

      2.  Deny a third party the right to assert

a cause of action or defense which the buyer has against the organization.

      (Added to NRS by 1985, 963)

      NRS 598.885  Cancellation of contract by buyer; notice required.  The buyer may cancel a contract for membership

in an organization by giving the organization written notice of the

cancellation within 3 business days after he or she receives a copy of the

contract. The notice must be delivered in person or by mail postmarked by

midnight of the third business day. The organization shall return all money

paid by the buyer within 15 days after it receives the notice of cancellation.

      (Added to NRS by 1985, 964)

      NRS 598.890  Membership of buyer effective 7 days after contract signed.  The membership of the buyer in an organization

becomes effective 7 days after the contract for membership is signed.

      (Added to NRS by 1985, 964)

      NRS 598.895  Refund required, if requested, for goods not delivered within 6

weeks.  If any goods ordered by the

buyer are not delivered to the buyer or available for pickup by the buyer at a

location within his or her county of residence within 6 weeks after he or she

places the order for the goods or by a date agreed upon at the time of the

order, any money paid by the buyer for the goods must, at his or her request,

be refunded.

      (Added to NRS by 1985, 964)

      NRS 598.900  Untrue or misleading statements by organization prohibited;

effect on contract.  An

organization shall not make any untrue or misleading representations to the

buyer or in its advertising. A contract for membership in an organization where

any untrue or misleading representation was made to the buyer or the buyer was

made aware of the untrue or misleading representation is void and unenforceable

by the organization.

      (Added to NRS by 1985, 964)

      NRS 598.905  Correction of violations.  If

an organization does not comply with the provisions of NRS

598.840 to 598.895, inclusive, or 598.905 to 598.930,

inclusive, the buyer may agree in writing, after a full disclosure, to any

correction of the defect if the correction is made within 30 days after he or

she signs the contract for membership in the organization. If the buyer does

not consent, or if the correction is not made within the 30-day period, the

contract is rescinded, and the buyer must be given a full refund.

      (Added to NRS by 1985, 964)

      NRS 598.910  Effect of transfer by organization of its obligation to provide

goods or services; circumstances under which buyer may rescind contract.

      1.  If an organization transfers its

obligation to provide goods or services to a buyer to another organization

which provides substantially fewer goods or services, the buyer may consent to

the transfer in writing after a full disclosure to him or her of the goods and

services to be provided by the new organization. If a buyer does not consent,

his or her contract is rescinded, and he or she must be given a refund pro rata

based on the amount of time he or she was a member of the organization.

      2.  The buyer may rescind the contract and

the organization shall give him or her a refund pro rata based on the amount of

time he or she was a member of the organization if any of the following

circumstances occur:

      (a) Except as otherwise provided in this

paragraph, the organization moves its place of business which is geographically

closest to the buyer’s residence, as indicated in the contract, more than 20

miles farther from the buyer’s residence than it was when the contract for membership

was signed. The provisions of this paragraph do not apply if:

             (1) The organization offers the buyer a

substantially equivalent at-home ordering service through at least one other

generally available channel of communication, including, without limitation,

the Internet;

             (2) The at-home ordering service offers

the same categories of goods and services provided by the organization at the

time the organization moves its place of business; and

             (3) Any goods ordered by the buyer through

the at-home ordering service are shipped, at the election of the buyer, to

either the buyer’s residence, as indicated in the contract, or a freight

receiver within 20 miles of that residence.

      (b) Within 6 months after the contract for

membership was signed, the organization stops providing any category of goods

or services represented to the buyer to be available when he or she signed the

contract.

      (Added to NRS by 1985, 964; A 2005, 1375)

      NRS 598.915  Waiver of statutory rights is void. [Effective July 1, 2015.]  Any waiver by the buyer of the provisions of NRS 598.840 to 598.930,

inclusive, is contrary to public policy and void.

      (Added to NRS by 1985, 964; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.920  Actions against organization; restitution, treble damages,

attorney’s fees and costs may be awarded.

      1.  A cause of action or a defense of a

buyer against the organization is not extinguished by the transfer, assignment

or sale of the contract for membership in the organization to a third party.

      2.  In an action by a buyer against an

organization for violation of the provisions of NRS

598.840 to 598.930, inclusive, the court may

award restitution, treble damages, reasonable attorney’s fees and costs. If the

course of action was based on a violation of NRS

598.900, the court may award the buyer $1,000, reasonable attorney’s fees

and costs, or restitution, treble damages, reasonable attorney’s fees and

costs, whichever is greater.

      (Added to NRS by 1985, 965)

      NRS 598.930  Remedies not exclusive; violation constitutes deceptive trade

practice. [Effective through June 30, 2015.]

      1.  The remedies, duties and prohibitions

of NRS 598.840 to 598.930,

inclusive, are not exclusive and are in addition to any other remedies provided

by law.

      2.  Any violation of NRS

598.870 to 598.900, inclusive, constitutes a

deceptive trade practice for the purposes of NRS

598.0903 to 598.0999, inclusive.

      (Added to NRS by 1985, 965; A 1993, 1961; 1997, 3199; 2009, 2722;

2011, 2652;

2013, 1054)

      NRS 598.930  Remedies not exclusive;

violation constitutes deceptive trade practice. [Effective July 1, 2015.]

      1.  The remedies, duties and prohibitions

of NRS 598.840 to 598.930,

inclusive, are not exclusive and are in addition to any other remedies provided

by law.

      2.  Any violation of NRS

598.851 to 598.900, inclusive, constitutes a

deceptive trade practice for the purposes of NRS

598.0903 to 598.0999, inclusive.

      (Added to NRS by 1985, 965; A 1993, 1961; 1997, 3199; 2009, 2722;

2011, 2652;

2013, 1054,

effective July 1, 2015)

Dance Studios and Health Clubs

      NRS 598.940  Definitions.  As

used in NRS 598.940 to 598.966,

inclusive, unless the context otherwise requires, the words and terms defined

in NRS 598.9403 to 598.9418,

inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1989, 2037; A 1993, 1801, 1962; 1995, 663)

      NRS 598.9403  “Business day” defined.  “Business

day” means any calendar day except Sunday, or the following business holidays:

New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday,

Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans Day,

Thanksgiving Day and Christmas Day.

      (Added to NRS by 1993, 1956)

      NRS 598.9405  “Buyer” defined.  “Buyer”

means any person who purchases by contract dance lessons, the use of facilities

or other services from a dance studio or health club.

      (Added to NRS by 1993, 1956)

      NRS 598.9407  “Commissioner” defined. [Effective July 1, 2015.]  “Commissioner” means the Commissioner of the

Division.

      (Added to NRS by 1993, 1956; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.941  “Dance studio” defined.  “Dance

studio” means any enterprise that offers instruction in ballroom or other types

of dancing, including lessons or other services, except:

      1.  A nonprofit public or private school,

college or university;

      2.  The State or any political subdivision;

or

      3.  A nonprofit religious or ethnic

organization or a nonprofit organization for the benefit of the community or

its members.

      (Added to NRS by 1993, 1956)

      NRS 598.9413  “Division” defined. [Effective July 1, 2015.]  “Division” means the Consumer Affairs Division

of the Department of Business and Industry.

      (Added to NRS by 1993, 1956; A 1995, 663; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.9415  “Health club” defined.  “Health

club” means any enterprise which offers the use of its facilities for the

maintenance or development of physical fitness or the control of weight,

except:

      1.  A nonprofit public or private school,

college or university;

      2.  The State or any political subdivision;

or

      3.  A nonprofit religious or ethnic

organization or a nonprofit organization for the benefit of the community or

its members.

      (Added to NRS by 1993, 1956)

      NRS 598.9417  “Pre-sale” defined.  “Pre-sale”

means the sale of dance lessons, the use of facilities or other services by a

dance studio or health club before all amenities, facilities or benefits

identified in the contract or sales presentation are available to the buyer.

      (Added to NRS by 1993, 1957)

      NRS 598.9418  “Registrant” defined. [Effective July 1, 2015.]  “Registrant” means a dance studio or a health

club which is required to register and post security with the Division pursuant

to the provisions of NRS 598.940 to 598.966, inclusive.

      (Added to NRS by 2009, 2711;

A 2011,

2652; 2013,

1054, effective July 1, 2015)

      NRS 598.942  Scope.  The provisions

of NRS 598.940 to 598.966,

inclusive, apply to contracts for dance lessons, the use of facilities or other

services from a dance studio or health club only if the membership is intended

for use by the buyer or for the buyer and the members of his or her family and:

      1.  The buyer purchases or becomes

obligated to purchase the dance lessons, use of facilities or other services

for more than 3 months and the dance studio or health club requires the payment

of any fee or dues more than 3 months in advance;

      2.  The dance studio or health club

requires the payment of a fee for initiation or membership in an amount greater

than $75; or

      3.  The dance studio or health club accepts

from a buyer more than $100 at any one time for dance lessons, the use of

facilities or other services.

      (Added to NRS by 1989, 2038; A 1993, 1962)

      NRS 598.944  Registration of dance studio or health club required. [Effective

July 1, 2015.]

      1.  Each owner of a dance studio or health

club shall register with the Division pursuant to NRS

598.721, listing the full name and address of the studio or club and any

other description of its facilities or activities the Division requires.

      2.  At least one member of the governing

body of the dance studio or health club must live in the county where the

studio or club is located. He or she is the agent of the studio or club and its

owner for receipt of process served.

      (Added to NRS by 1989, 2038; A 1993, 1962; 1997, 3199; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.946  Owner of dance studio or health club to register and deposit

security before advertising services or conducting business in this State:

Amount of security; adjustment of security; exception from requirement to

deposit security. [Effective July 1, 2015.]

      1.  Except as otherwise provided in

subsection 5, before advertising its services or conducting business in this

State, the owner of a dance studio or a health club must register pursuant to NRS 598.721 and 598.944

and deposit security with the Division pursuant to NRS

598.726. The security must:

      (a) Be conditioned on compliance by the owner

with the provisions of NRS 598.940 to 598.966, inclusive, and the terms of the contract with

a buyer; and

      (b) Remain on deposit with the Division until the

release of the security is authorized or required pursuant to NRS 598.736, except that the dance studio or health

club may change the form of the security as provided in NRS

598.726.

      2.  Except as otherwise provided in

subsection 3, the amount of the security to be deposited must be:

      (a) Ten thousand dollars, if the dance studio or

health club has less than 400 members;

      (b) Fifteen thousand dollars, if the dance studio

or health club has 400 members or more but less than 800 members;

      (c) Twenty thousand dollars, if the dance studio

or health club has 800 members or more but less than 1,200 members;

      (d) Twenty-five thousand dollars, if the dance

studio or health club has 1,200 members or more but less than 1,500 members;

      (e) Thirty-five thousand dollars, if the dance

studio or health club has 1,500 members or more but less than 4,000 members;

      (f) Fifty thousand dollars, if the dance studio

or health club has 4,000 members or more but less than 25,000 members; and

      (g) Two hundred and fifty thousand dollars, if

the dance studio or health club has 25,000 or more members.

      3.  If a dance studio or health club

conducts any pre-sale of dance lessons, the use of facilities or other

services, the amount of the security required by this section is $100,000

unless a greater amount is required pursuant to paragraph (g) of subsection 2.

      4.  A dance studio or health club shall

report to the Division on a quarterly basis the size of its membership and

shall, on the basis of any change in the size of that membership, adjust accordingly

the amount of the security deposited with the Division.

      5.  If, on October 1, 2001, a dance studio

or health club has not deposited security with the Division pursuant to NRS 598.726 because it was not required to do so

pursuant to this section, the dance studio or health club:

      (a) Is not required to deposit security with the

Division pursuant to NRS 598.726; and

      (b) Shall obtain a written acknowledgment from

each member and prominently post a notice on its premises stating that no

security for refunds or reimbursement has been deposited with the State of

Nevada.

      (Added to NRS by 1989, 2038; A 1993, 1963; 1997, 3200; 2001, 2152; R

temp. 2009,

2732; R temp. 2011, 2652;

R temp. 2013,

1054, expires by limitation on June 30, 2015)

      NRS 598.947  Dance studio or health club to register on prescribed form and

pay fee; certificate of registration; renewal of certificate. [Effective July

1, 2015.]

      1.  Each dance studio and health club

regulated by the provisions of NRS 598.940 to 598.966, inclusive, shall apply for registration on

the form prescribed by the Division.

      2.  At the time of application for

registration, the applicant must pay to the Division an administrative fee of

$25 and deposit the required security with the Division.

      3.  Upon receipt of the security in the

proper form and the payment of the administrative fee required by this section,

the Division shall issue a certificate of registration to the applicant. A

certificate of registration:

      (a) Is not transferable or assignable; and

      (b) Expires 1 year after it is issued.

      4.  A registrant must renew a certificate

of registration issued pursuant to this section before the certificate expires

by submitting to the Division an application for the renewal of the certificate

on a form prescribed by the Division.

      (Added to NRS by 2009, 2711;

A 2011, 2652;

2013, 1054,

effective July 1, 2015)

      NRS 598.9472  Security required for registration: Form; term; records; rejection

for nonconformance; change in form; inadequate amount. [Effective July 1,

2015.]

      1.  Each registrant shall deposit with the

Division:

      (a) A bond executed by a corporate surety

approved by the Commissioner and licensed to do business in this State;

      (b) An irrevocable letter of credit for which the

registrant is the obligor, issued by a bank whose deposits are federally

insured; or

      (c) A certificate of deposit in a financial

institution which is doing business in this State and which is federally insured

or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit

may be withdrawn only on the order of the Commissioner, except that the

interest may accrue to the registrant.

      2.  The term of the bond, letter of credit

or certificate of deposit, or any renewal thereof, must be not less than 1

year.

      3.  If the registrant deposits a bond, the

registrant shall keep accurate records of the bond and the payments made on the

premium. The records must be open to inspection by the Division during business

hours. The registrant shall notify the Division not later than 30 days before

the date of expiration of the bond and provide written proof of the renewal of

the bond to the Division.

      4.  The Commissioner may reject any bond,

letter of credit or certificate of deposit which fails to conform to the

requirements of NRS 598.940 to 598.966, inclusive.

      5.  A registrant may change the form of

security which he or she has deposited with the Division. If the registrant

changes the form of the security, the Commissioner may retain for not more than

1 year any portion of the security previously deposited by the registrant as

security for claims arising during the time the previous security was in

effect.

      6.  If the amount of the deposited security

falls below the amount required by this chapter for that security, the

registrant shall be deemed not to be registered as required by NRS 598.947 for the purposes of NRS

598.940 to 598.966, inclusive.

      (Added to NRS by 2009, 2711;

A 2011,

2652; 2013,

1054, effective July 1, 2015)

      NRS 598.9474  Rights and remedies of injured consumers; resolution by Division

of claims against security; regulations. [Effective July 1, 2015.]

      1.  The security required to be deposited

by a registrant pursuant to NRS 598.9472 must be

held in trust for consumers injured by the bankruptcy of the registrant or the

registrant’s breach of any agreement entered into in his or her capacity as a

registrant.

      2.  A consumer so injured may bring and

maintain an action in any court of competent jurisdiction to recover against

the security.

      3.  The Division may bring an action for

interpleader against all claimants upon the security. If the Division brings

such an action, the Division shall publish notice of the action at least once

each week for 2 weeks in a newspaper of general circulation in the county in

which the organization has its principal place of business. The Division may

deduct its costs of the action, including the costs of the publication of the

notice, from the amount of the security. All claims against the security have

equal priority. If the security is insufficient to pay all the claims in full,

the claims must be paid pro rata. If the registrant has posted a bond with the

Division, the surety is then relieved of all liability under the bond.

      4.  The Division may, in lieu of bringing

an action for interpleader pursuant to subsection 3, conduct a hearing to

determine the distribution of the security to claimants. The Division shall

adopt regulations to provide for adequate notice and the conduct of the

hearing. If the registrant has posted a bond with the Division, distribution

pursuant to this subsection relieves the surety of all liability under the

bond.

      5.  If the security is sufficient to pay

all claims against the security in full, the Division may deduct from the

amount of the security, the cost of any investigation or hearing it conducted

to determine the distribution of the security.

      (Added to NRS by 2009, 2712;

A 2011,

2652; 2013,

1054, effective July 1, 2015)

      NRS 598.9476  Release of security if registrant ceases to operate or

registration expires. [Effective July 1, 2015.]

      1.  If no claims have been filed against

the security deposited with the Division pursuant to NRS

598.9472 within 6 months after the registrant ceases to operate or his or

her registration expires, whichever occurs later, the Commissioner shall

release the security to the registrant and shall not audit any claims filed against

the security thereafter by consumers.

      2.  If one or more claims have been filed

against the security within 6 months after the registrant ceases to operate or

his or her registration expires, whichever occurs later, the proceeds must not

be released to the registrant or distributed to any consumer earlier than 1

year after the registrant ceases to operate or his or her registration expires,

whichever occurs later.

      3.  For the purposes of this section, the

Commissioner shall determine the date on which a registrant ceases to operate.

      (Added to NRS by 2009, 2712;

A 2011,

2652; 2013,

1054, effective July 1, 2015)

      NRS 598.948  Requirements for contract between buyer and dance studio or

health club. [Effective through June 30, 2015.]  Each

contract between the buyer and the dance studio or health club must:

      1.  Be in writing, legible and have all

spaces filled in before the buyer signs it;

      2.  Be in the language in which the sales

presentation was given;

      3.  Contain the addresses of the buyer and

the studio or club;

      4.  Be given to the buyer when he or she

signs it;

      5.  Specify the term of membership of the

buyer, which must not be measured by the life of the buyer;

      6.  Clearly specify the right of the buyer

to cancel the contract pursuant to NRS 598.950;

      7.  Not contain a clause by which the

contract is automatically renewed; and

      8.  Specify the number of lessons and the

cost of each lesson, if the contract is for dance lessons.

      (Added to NRS by 1989, 2039; A 1993, 1964; 1997, 3201; 2009, 2722;

2011, 2652;

2013, 1054)

      NRS 598.948  Requirements for contract

between buyer and dance studio or health club. [Effective July 1, 2015.]  Each contract between the buyer and the dance

studio or health club must:

      1.  Be in writing, legible and have all

spaces filled in before the buyer signs it;

      2.  Be in the language in which the sales

presentation was given;

      3.  Contain the addresses of the buyer and

the studio or club;

      4.  Be given to the buyer when he or she

signs it;

      5.  Disclose whether security has been

obtained and deposited with the Division pursuant to NRS

598.726;

      6.  Specify the term of membership of the

buyer, which must not be measured by the life of the buyer;

      7.  Clearly specify the right of the buyer

to cancel the contract pursuant to NRS 598.950;

      8.  Not contain a clause by which the

contract is automatically renewed; and

      9.  Specify the number of lessons and the

cost of each lesson, if the contract is for dance lessons.

      (Added to NRS by 1989, 2039; A 1993, 1964; 1997, 3201; 2009, 2722;

2011, 2652;

2013, 1054,

effective July 1, 2015)

      NRS 598.950  Cancellation of contract by buyer; notice required.  A buyer may cancel a contract for dance

lessons, the use of facilities or other services from a dance studio or health

club within 3 business days after he or she receives a copy of the contract by

notifying the studio or club in writing. The notice must be delivered in person

or by mail postmarked by midnight of the third business day. The studio or club

shall return all money paid by the buyer within 15 days after it receives the

notice of cancellation.

      (Added to NRS by 1989, 2040; A 1993, 1965)

      NRS 598.952  False or misleading representations by dance studio or health

club prohibited; effect on contract.  A

dance studio or health club shall not make any false or misleading

representation to the buyer or in its advertising. A contract for services from

a dance studio or health club is void and unenforceable if any false or

misleading representation was made to the buyer.

      (Added to NRS by 1989, 2040; A 1993, 1965)

      NRS 598.954  Rights of buyer who becomes disabled during term of contract.  If a buyer becomes disabled during the term of

a contract, and a physician confirms in writing to the dance studio or health

club that:

      1.  The buyer is not physically able to use

the facilities of the studio or club; and

      2.  The disability will continue for more

than 3 months,

Ê the buyer is

entitled to suspend the contract for the duration of the disability. After he

or she recovers, he or she is entitled to an extension of the contract for a

period equal to the time of the disability. If he or she is permanently

disabled, he or she may cancel the contract and receive a refund pro rata of

the amount paid pursuant to it.

      (Added to NRS by 1989, 2040; A 1993, 1965)

      NRS 598.956  Rights of buyer upon closure of dance studio or health club;

election of remedies.

      1.  If a dance studio or health club is

closed for more than 1 month, through no fault of the buyer, he or she is

entitled to:

      (a) Extend the contract for a period equal to the

time the studio or club is closed; or

      (b) Receive a refund pro rata of the amount paid

pursuant to the contract.

      2.  If the dance studio or health club is

closed without fault of its owner or management, the election of remedies under

subsection 1 must be made by the studio or club. If the studio or club is

closed because of the fault of its owner or management, the election must be

made by the buyer.

      (Added to NRS by 1989, 2040; A 1993, 1965)

      NRS 598.958  Rights of buyer when dance studio or health club transfers its

obligations or moves its place of business.

      1.  If a dance studio or health club

transfers its obligations to provide goods or services to a buyer to another

studio or club that provides substantially fewer goods or services, the buyer

may consent to the transfer in writing after a full disclosure of the goods and

services provided by the new studio or club. If the buyer does not consent, his

or her contract is rescinded and he or she must be given a refund pro rata upon

the amount of time he or she was a member of the dance studio or health club.

      2.  If a dance studio or health club moves

its place of business that is geographically closest to the residence of the

buyer as set forth in the contract, more than 20 miles farther away from the

residence of the buyer than it was when the contract for services was signed,

the buyer may rescind the contract and the dance studio or health club shall

provide a refund pro rata based upon the amount of time he or she was a member.

      (Added to NRS by 1989, 2040; A 1993, 1965)

      NRS 598.960  Correction of violations.  If

a dance studio or health club does not comply with the provisions of NRS 598.940 to 598.950,

inclusive, or 598.954 to 598.966,

inclusive, the buyer may agree in writing, after a full disclosure, to any

correction of the defect if the correction is made within 30 days after he or

she signs a contract for dance lessons, the use of facilities or other

services. If the buyer does not consent, or if the correction is not made

within the 30-day period, the contract is rescinded and the buyer must be given

a full refund.

      (Added to NRS by 1989, 2041; A 1993, 1966)

      NRS 598.962  Waiver of provisions is void.  Any

waiver by the buyer of the provisions of NRS 598.940

to 598.966, inclusive, is contrary to public policy

and void.

      (Added to NRS by 1989, 2041)

      NRS 598.966  Remedies, duties and prohibitions not exclusive; violation

constitutes deceptive trade practice. [Effective through June 30, 2015.]

      1.  The remedies, duties and prohibitions

of NRS 598.940 to 598.966,

inclusive, are not exclusive and are in addition to any other remedies provided

by law.

      2.  Any violation of NRS

598.948 to 598.958, inclusive, constitutes a

deceptive trade practice for the purposes of NRS

598.0903 to 598.0999, inclusive.

      (Added to NRS by 1989, 2041; A 1993, 1966; 2009, 2723;

2011, 2652;

2013, 1054)

      NRS 598.966  Remedies, duties and

prohibitions not exclusive; violation constitutes deceptive trade practice.

[Effective July 1, 2015.]

      1.  The remedies, duties and prohibitions

of NRS 598.940 to 598.966,

inclusive, are not exclusive and are in addition to any other remedies provided

by law.

      2.  Any violation of NRS

598.944 to 598.958, inclusive, constitutes a

deceptive trade practice for the purposes of NRS

598.0903 to 598.0999, inclusive.

      (Added to NRS by 1989, 2041; A 1993, 1966; 2009, 2723;

2011, 2652;

2013, 1054,

effective July 1, 2015)

PROVISION OF TELECOMMUNICATION SERVICES

      NRS 598.968  Definitions.  As

used in NRS 598.968 to 598.9694,

inclusive, unless the context otherwise requires, the words and terms defined

in NRS 598.9682 and 598.9684

have the meanings ascribed to them in those sections.

      (Added to NRS by 1999, 2715; A 2001, 2153)

      NRS 598.9682  “Provider” defined.  “Provider”

means:

      1.  A telecommunication provider as defined

in NRS 704.027;

      2.  An agent, employee, independent

contractor or representative of such a telecommunication provider; or

      3.  A person who originates a charge for a

telecommunication service and directly or indirectly bills a customer for the

charge.

      (Added to NRS by 1999, 2715; A 2007, 717)

      NRS 598.9684  “Telecommunication service”

defined.  “Telecommunication service” has the meaning

ascribed to it in NRS 704.028.

      (Added to NRS by 1999, 2715; A 2007, 717)

      NRS 598.969  Prohibited acts: Changing a customer’s carrier without timely

authorization; failure to provide timely written notices and confirmations;

engaging in other fraudulent or deceptive acts; proposing contract to waive or

authorize violations of the protections of this section.  A provider shall not:

      1.  Make a statement or representation

regarding the provision of a telecommunication service, including, without

limitation, a statement regarding the rates, terms or conditions of a

telecommunication service, that:

      (a) Is false, misleading or deceptive; or

      (b) Fails to include material information which

makes the statement or representation false, misleading or deceptive.

      2.  Misrepresent his or her identity.

      3.  Falsely state to a person that the

person has subscribed or authorized a subscription to or has received a

telecommunication service.

      4.  Omit, when explaining the terms and

conditions of a subscription to a telecommunication service, a material fact

concerning the subscription.

      5.  Fail to provide a customer with timely

written notice containing:

      (a) A clear and detailed description relating

directly to the services for which the customer is being billed and the amount

the customer is being charged for each service;

      (b) All terms and conditions relating directly to

the services provided; and

      (c) The name, address and telephone number of the

provider.

      6.  Fail to honor, within a reasonable

period, a request of a customer to cancel a telecommunication service pursuant

to the terms and conditions for the service.

      7.  Bill a customer for a telecommunication

service after the customer has cancelled the telecommunication service pursuant

to the terms and conditions of the service.

      8.  Bill a customer for services that the

provider knows the customer has not authorized, unless the service is required

to be provided by law. The failure of a customer to refuse a proposal from a

provider does not constitute specific authorization.

      9.  Change a customer’s subscription to a

local exchange carrier or an interexchange carrier unless:

      (a) The customer has authorized the change within

the 30 days immediately preceding the date of the change; and

      (b) The provider complies with the provisions of

47 U.S.C. § 258, as amended, and the verification procedures set forth in 47

C.F.R. part 64, subpart K, as amended.

      10.  Fail to provide to a customer who has

authorized the provider to change his or her subscription to a local exchange

carrier or an interexchange carrier a written confirmation of the change within

30 days after the date of the change.

      11.  Propose or enter into a contract with

a person that purports to:

      (a) Waive the protection afforded to the person

by any provision of this section; or

      (b) Authorize the provider or an agent, employee,

independent contractor or representative of the provider to violate any

provision of this section.

      (Added to NRS by 1999, 2715; A 2007, 717)

      NRS 598.9691  Regulations governing disclosures made by provider to customer.  The Public Utilities Commission of Nevada may

adopt regulations governing the disclosures that must be made by a provider to

a customer before the customer may be charged for a telecommunication service.

      (Added to NRS by 2001, 2149; A 2007, 718)

      NRS 598.9692  Opportunity to freeze interexchange carrier.  A provider who is a local exchange carrier

shall, in a competitively neutral manner, offer to each customer the opportunity

to freeze the interexchange carrier selected by the customer.

      (Added to NRS by 1999, 2716)

      NRS 598.9694  Remedies, duties and prohibitions not exclusive; violation

constitutes deceptive trade practice.

      1.  The remedies, duties and prohibitions

of NRS 598.968 to 598.9694,

inclusive, are not exclusive and are in addition to any other remedies provided

by law.

      2.  A violation of any provision of NRS 598.968 to 598.9694,

inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999,

inclusive.

      (Added to NRS by 1999, 2716)