Nevada § 598.0979 - Restraining orders; injunctions; assurances of discontinuance

§ 598.0979. Restraining orders; injunctions; assurances of discontinuance

1. Notwithstanding the requirement of knowledge as an element of a deceptive trade

practice, when the Commissioner or Director has cause to believe that a person has

engaged or is engaging in any deceptive trade practice, knowingly or otherwise, he

or she may request in writing that the Attorney General represent him or her in instituting

an appropriate legal proceeding, including, without limitation, an application for

an injunction or temporary restraining order prohibiting the person from continuing

the practices. The court may make orders or judgments necessary to prevent the use by the person

of any such deceptive trade practice or to restore to any other person any money or

property which may have been acquired by the deceptive trade practice. 2. Where the Commissioner or Director has the authority to institute a civil action

or other proceeding, in lieu thereof or as a part thereof, he or she may accept an

assurance of discontinuance of any deceptive trade practice. This assurance may include a stipulation for the payment by the alleged violator

of: (a) The costs of investigation and the costs of instituting the action or proceeding,

including attorney's fees for the services of the Attorney General; (b) Any amount of money which he or she may be required to pay pursuant to the provisions

of NRS 598.0971 in lieu of any administrative fine; and (c) The restitution of any money or property acquired by any deceptive trade practice. 3. Any assurance of discontinuance accepted by the Commissioner or Director pursuant

to subsection 2 must be filed with the court in the same manner as required by the

Attorney General pursuant to NRS 598.0995 and, upon acceptance by the court, becomes an order of the court. An assurance of discontinuance made pursuant to subsection 2 is not an admission

of guilt or liability for any purpose, except that any failure to comply with the

provisions of the assurance is enforceable in the same manner as provided in subsection

7 of NRS 598.0971 .