NRS598.092. “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)