Nevada Deceptive Trade Practices Laws

Rules relating to deceptive trade practices are dealt under Nevada Revised Statutes, Title 52, Chapter 598 et seq (Deceptive Trade Practices).  Section 598.0915 of this Chapter prohibits any person from advertising goods or services with the intent not to sell or lease them as advertised.  Under Title 15, Chapter 207 (Miscellaneous Crimes Deceptive Advertising), Section 207.171, it is unlawful for any person to advertise a device by any means so as to induce any person to buy, sell, lease, dispose of, utilize to create any interest in that thing.  Such acts are deceptive or misleading.  Pursuant to Section 598.0963 of Chapter 598, an Attorney General, upon request by the Commissioner, can bring a suit in the name of the State of Nevada against any person who has engaged in a deceptive trade practice.

Under Section 207.174 of Chapter 207, any person, firm, corporation or any other organization involved in the activity of any deceptive trade practice is liable for civil penalty.  The Attorney General or any district attorney can bring a suit in the name of the State of Nevada to recover civil penalty, not exceeding $2500 per violation, against any violators of the provisions of this Act.

Furthermore, under Section 41.600 of Nevada Revised Statutes, any person can bring a suit if he is a victim of consumer fraud, which includes acts under deceptive trade practices.

Pursuant to Section 598.0999 of Chapter 598 (Deceptive Trade Practices), any complaint brought by the Commissioner, the Director, the district attorney of any county of this state or the Attorney General against any violators can bring a civil penalty not exceeding $10,000 for each violation.  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 is guilty of a misdemeanor for the first offence; is guilty of a gross misdemeanor for the second offence; and guilty of a category D felony for the third and all subsequent offences.

Under Section 207.174 of Chapter 207, a civil remedy not exceeding $2500 is available for a person who brings a civil action.  Additionally, under Section 207.175, any person, firm, or any officer or managing agent can bring a suit for violation of any of the provisions of this Act to recover criminal damages.

As set forth under Section 41.600 of Nevada Revised Statutes, an action can be brought by any victim of consumer fraud and can recover damages s/he has sustained, including reasonable attorney fees.

As prescribed under Section 484.6062 of Chapter 484 (Traffic Laws), it is unlawful for any person or his agent to disconnect, reset or alter the odometer of any motor vehicle with the intent to change the number of miles indicated thereon.

Any person who knowingly alters the odometer of a motor vehicle is guilty of category B felony and will be guilty of a gross misdemeanor under Section 484.6067.

Nev. Rev. Stat. Ann. § 598.0915

A person engages in a “deceptive trade practice” if, in the course of his business or occupation, he:
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 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 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.
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Nev. Rev. Stat. Ann. § 207.171

False, deceptive or misleading advertising and other sales practices.
It is unlawful for any person, firm, corporation or association or any agent or employee thereof to use, publish, disseminate, display or make or cause directly or indirectly to be used, published, disseminated, displayed or made, in any newspaper, magazine or other publication, by any radio, television or other advertising medium, or by any advertising device, or by public outcry, proclamation, or declaration, or by any other manner or means, including but not limited to solicitation or dissemination by mail, telephone or door-to-door contacts, any statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase, sell, lease, dispose of, utilize or acquire any title or interest in any real or personal property or any personal or professional services or to enter into any obligation or transaction relating thereto, or to include such statement as part of a plan or scheme which intentionally misstates cost or price for the purposes of producing an erroneous belief by any person that the actual cost or price is the same as stated therein.

Nev. Rev. Stat. Ann. § 598.0963

Additional powers of attorney general.
1. Whenever the attorney general is requested in writing by the commissioner or the director to represent him 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.
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Nev. Rev. Stat. Ann. § 41.600

Actions by victims of fraud.
1. An action may be brought by any person who is a victim of consumer fraud.
2. As used in this section, “consumer fraud” means:
(a) An unlawful act as defined in NRS 119.330;
(b) An unlawful act as defined by NRS 205.2747;
(c) An act prohibited by NRS 482.36655 to 482.36667, inclusive;
(d) An act prohibited by NRS 482.351; or
(e) A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive.
3. If the claimant is the prevailing party, the court shall award him:
(a) Any damages that he has sustained; and
(b) His costs in the action and reasonable attorney’s fees.
4. Any action brought pursuant to this section is not an action upon any contract underlying the original transaction.

Nev. Rev. Stat. Ann. § 598.0999

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 $2,500 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.

Nev. Rev. Stat. Ann. § 207.175

Criminal penalties.
Any person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully violates the provisions of NRS 207.171 shall be punished:
1. For the first or second offense, for a misdemeanor.
2. For the third offense and all subsequent offenses, for a gross misdemeanor.

Nev. Rev. Stat. Ann. § 484.6062

Unlawful change of mileage.
It is unlawful for any person or his agent to disconnect, reset or alter the odometer of any motor vehicle with the intent to change the number of miles indicated thereon.

Nev. Rev. Stat. Ann. § 484.6067

Criminal penalties.
1. A person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment, if he knowingly sells a motor vehicle whose odometer has been altered for the purpose of fraud.
2. Except as otherwise provided in subsection 1, any person who violates the provisions of NRS 484.606 to 484.6069, inclusive, is guilty of a misdemeanor.


Inside Nevada Deceptive Trade Practices Laws