Nevada § 598.092 - “Deceptive trade practice” defined

§ 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. Repossesses a vehicle from a debtor pursuant to NRS 104.9609 before default by the debtor as defined in the form for the contract for the sale

of the vehicle prescribed by the Commissioner of Financial Institutions pursuant to NRS 97.299 . 11. Commits an act against a consumer who entered into a contract for the sale of

a vehicle with the person which entitles the consumer to any remedy available pursuant

to NRS 104.9625 . 12. 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, specifying that no refunds or exchanges are allowed. 13. Knowingly and willfully violates NRS 597.7118 or 597.7125 . 14. 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. 15. Charges a fee to a person to change or update any record, including, without limitation,

billing or credit information, which relates to the person requesting the change or

update, including, without limitation, in circumstances in which that person chooses

to communicate regarding the change or update by speaking to a natural person by telephone

in lieu of using an automated or computerized telephone system.