NRS598.0973. 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)