Nevada Trade Regulations and Practices

Sec. § 597.996
Prohibited provisions relating to review, comment or statement by consumer in form contract for purchase, lease or rental of consumer goods or services; penalties; enforcement.


1.

A seller or lessor of consumer goods or services shall not:

(a)

Include in any form contract or proposed form contract with a consumer for the purchase, lease or rental of consumer goods or services any provision that:

(1)

Limits or requires the consumer to waive his or her rights to provide a review, comment or other statement concerning the consumer goods or services or the seller or lessor;

(2)

Imposes a penalty on the consumer for providing such a review, comment or other statement; or

(3)

Declares that the provision of such a review, comment or other statement by the consumer is a breach of the form contract;

(b)

Enforce or threaten to enforce a provision described in paragraph (a); or

(c)

Refuse or threaten to refuse to enter into a form contract with a consumer solely because the consumer does not agree to the inclusion in the form contract of a provision described in paragraph (a).

2.

Any provision that is included in a form contract with a consumer for the purchase, lease or rental of consumer goods or services in violation of subsection 1, with or without consideration, is against public policy and is void and unenforceable.

3.

Any person who violates subsection 1 is guilty of a misdemeanor and, in addition to any criminal penalty, is liable for:

(a)

A civil penalty of not more than:

(1)

For the first violation, $2,500;

(2)

For the second or subsequent violation, $5,000 for each violation; and

(3)

If the court finds that the violation is reckless, willful or wanton, $10,000, in addition to the civil penalty set forth in subparagraph (1) or (2); and

(b)

The costs incurred to recover the civil penalty, including, without limitation:

(1)

The costs, if any, of conducting an investigation into the violation;

(2)

Reasonable costs specified in NRS 18.005; and

(3)

Reasonable attorney’s fees.

4.

An action to recover the civil penalty may be brought by the consumer, the Attorney General or a district attorney or city attorney, as appropriate. The action may be instituted in any court of competent jurisdiction in the city or county in which either party resides, the defendant can be found or in which the violation occurred.

5.

Any money awarded by a court pursuant to this section must be awarded to the person or governmental entity that brought the action.

6.

The civil remedy provided by this section is in addition to, and not exclusive of, any other available remedy or penalty.

7.

This section does not prohibit a person who maintains an online forum, including, without limitation, an Internet website, from removing from the forum any statement that the person is lawfully entitled to remove.

8.

Nothing in this section shall be construed as affecting:

(a)

Any duty of confidentiality imposed by law; or

(b)

Any civil cause of action for defamation, libel, slander or any similar cause of action.

9.

As used in this section:

(a)

“Consumer” means a natural person.

(b)

“Consumer goods or services” has the meaning ascribed to it in NRS 598.170.

(c)

“Form contract” means a contract or agreement with standardized terms that is:

(1)

Used by a seller or lessor in the course of selling, leasing or renting consumer goods or services of the seller or lessor; and

(2)

Imposed on a consumer without a meaningful opportunity for the consumer to negotiate the standardized terms.

(d)

“Lessor” means a lessor and any agent or employee of the lessor.

(e)

“Seller” means a seller and any agent or employee of the seller.
Source

Last accessed
Feb. 5, 2021