NRS599B.180. Solicitation involving representation that consumer is or may be eligible to receive premium. [Effective July 1, 2015.]

  If a seller expressly or impliedly represents to any consumer, directly or through a salesperson, that the consumer is or may be eligible to receive any gift, premium, bonus or prize, however denominated, the seller shall:

      1.  Submit to the Division a statement setting forth, for each item mentioned:

      (a) A description of the item.

      (b) The value or worth of the item and the basis for the valuation.

      (c) All terms and conditions a consumer must satisfy in order to receive the item. The statement must be accompanied by a copy of the written statement of terms and conditions provided to consumers pursuant to subsection 3.

      (d) If they are ascertainable, the odds, for a given consumer, of receiving the item.

      (e) If a consumer is to receive fewer than all the items described by the seller:

             (1) The manner in which the seller decides which item a given consumer is to receive.

             (2) If they are ascertainable, the odds, for a given consumer, of receiving each item described.

             (3) The name and address of each person who has, during the preceding 12 months or any portion thereof in which the seller has done business, received the item having the greatest value and the item with the smallest odds of being received.

      2.  Provide the following information to the consumer at the time of the solicitation:

      (a) The complete address of the location and the telephone number from which the consumer is being called and, if different, the complete address of the principal location at which the seller does business.

      (b) The information required by paragraphs (a) and (c) of subsection 1.

      (c) If the seller elects to inform the consumer of the value or worth of the item, the information must be identical to that submitted pursuant to paragraph (b) of subsection 1, in exactly the form submitted.

      (d) If the consumer is to receive fewer than all the items described by the seller, the information required by subparagraph (1) of paragraph (e) of subsection 1.

      3.  Advise the consumer, at the time of the solicitation, that he or she may obtain, without cost, a written statement of the terms and conditions he or she must satisfy in order to receive the item. If the consumer so requests, the seller shall send him or her such a statement, by mail, without cost to the consumer.

      (Added to NRS by 1989, 1385; A 1995, 940; 2009, 2728; 2011, 2652; 2013, 1054, effective July 1, 2015)