Nevada § 598.0973 - Civil penalty for engaging in deceptive trade practice directed toward elderly person or person with disability

§ 598.0973. 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 or proceeding brought pursuant to NRS 598.0903 to 598.0999 , inclusive, if the court or the Director or his or her designee finds that a person

has engaged in a deceptive trade practice directed toward an elderly person or a person

with a disability, the court or the Director or his or her designee may, in addition

to any other civil or criminal penalty, impose a civil penalty of: (a) For a deceptive trade practice directed toward a person with a disability, not

more than $15,000 for each violation. (b) For a deceptive trade practice directed toward an elderly person, not more than

$25,000 for each violation. 2. In determining whether to impose a civil penalty pursuant to subsection 1, the

court or the Director or his or her designee 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 or the Director or his or her designee deems

to be appropriate.