NRS 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 brought pursuant to NRS 598.0979 to 598.099, inclusive, if the court finds that a person has engaged in a deceptive trade practice directed toward an elderly person or a person with a disability, the court may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $12,500 for each violation.

2.

In determining whether to impose a civil penalty pursuant to subsection 1, the court 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 deems to be appropriate.

Source: Section 598.0973 — Civil penalty for engaging in deceptive trade practice directed toward elderly person or person with disability., https://www.­leg.­state.­nv.­us/NRS/NRS-598.­html#NRS598Sec0973.

598.091
“Collective mark” defined.
598.092
“Deceptive trade practice” defined.
598.094
“Sale” defined.
598.096
Powers of Director, Commissioner and Attorney General.
598.097
Commissioner, Director and Attorney General: Equitable relief.
598.098
Use and disclosure of information by Commissioner or Director
598.099
Injunctions without prior notice.
598.0903
Definitions.
598.0905
“Advertisement” defined.
598.0907
“Certification mark” defined.
598.0913
“Commissioner” defined.
598.0915
“Deceptive trade practice” defined.
598.0916
“Deceptive trade practice” defined.
598.0917
“Deceptive trade practice” defined.
598.0918
“Deceptive trade practice” defined.
598.0921
“Deceptive trade practice” defined.
598.0922
“Deceptive trade practice” defined.
598.0923
“Deceptive trade practice” defined.
598.0924
“Deceptive trade practice” defined.
598.0925
“Deceptive trade practice” defined.
598.0927
“Director” defined.
598.0933
“Elderly person” defined.
598.0934
“Goods” defined.
598.0935
“Mark” defined.
598.0936
“Person with a disability” defined.
598.0937
“Property” defined.
598.0943
“Service mark” defined.
598.0945
“Trademark” defined.
598.0947
“Trade name” defined.
598.0953
Engaging in deceptive trade practice prima facie evidence of intent to injure competitor
598.0957
Director may delegate powers and duties.
598.0959
Advisory committees: Creation and appointment
598.0963
Additional powers of Attorney General.
598.0964
Use and sharing of confidential information by Attorney General
598.0965
Commissioner or Director to provide investigative assistance to Attorney General
598.0966
Revolving account for Consumer Affairs Division: Creation
598.0967
Commissioner and Director: Subpoenas
598.0971
Orders for enforcement: Authority of Commissioner and Director or designee
598.0973
Civil penalty for engaging in deceptive trade practice directed toward elderly person or person with disability.
598.0974
Civil penalty prohibited under certain circumstances.
598.0977
Civil action by elderly person or person with disability against person who engaged in deceptive trade practice
598.0979
Restraining orders
598.0983
Actions by district attorney: Prerequisites.
598.0985
Actions by district attorney: Injunctive relief.
598.0987
Actions by district attorney: Preliminary notice required before filing
598.0989
Actions by district attorney: Venue
598.0993
Relief for injured persons.
598.0995
Assurances of discontinuance.
598.0997
Service of notices.
598.0999
Civil and criminal penalties for violations.
598.09213
“Deceptive trade practice” defined.
598.09223
“Deceptive trade practice” defined.
Last Updated

Feb. 5, 2021

§ 598.0973’s source at nv​.us