NRS 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.

Source: Section 598.0979 — Restraining orders; injunctions; assurances of discontinuance., https://www.­leg.­state.­nv.­us/NRS/NRS-598.­html#NRS598Sec0979.

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

Jun. 24, 2021

§ 598.0979’s source at nv​.us