USA Statutes : nevada
Title : Title 52 - TRADE REGULATIONS AND PRACTICES
Chapter : CHAPTER 599B - SOLICITATION BY TELEPHONE
1. The Legislature finds and declares that:
(a) The sale of goods or services or the solicitation of donations
by telephone has a significant impact upon the economy and well being of
this state and its local communities.
(b) Many legitimate solicitors by telephone merit certain
protections pursuant to the laws of this state.
(c) Certain unscrupulous practices by persons soliciting donations
or the sale of goods or services by telephone are contrary to good
business practices and have caused consumers to suffer substantial losses
because of misrepresentation, the lack of complete information relating
to goods, services and the persons initiating or causing the solicitation
by telephone, and the lack of delivery of the goods and services
purchased.
2. It is the intent of the Legislature to:
(a) Provide each consumer with information necessary to make an
intelligent decision relating to donations or offers of sale;
(b) Educate and assist the public to distinguish between honest and
dishonest practices of solicitation by telephone;
(c) Safeguard the public against deceptive practices and financial
hardship;
(d) Prohibit representations that tend to be misleading;
(e) Ensure, foster and encourage competition and fair dealings
among sellers by requiring sellers to disclose certain information
adequately; and
(f) Protect the integrity of the industry relating to solicitation
by telephone.
3. As the provisions of this chapter are necessary to protect the
public welfare, it is also the intent of the Legislature that the
provisions of this chapter be liberally construed to effectuate its
purposes.
(Added to NRS by 1993, 2095; A 1995, 931)
As used in this chapter, unless the
context otherwise requires:
1. “Chance promotion” means any plan in which premiums are
distributed by random or chance selection.
2. “Commissioner” means the Commissioner of Consumer Affairs.
3. “Consumer” means a person who is solicited by a seller or
salesman.
4. “Division” means the Consumer Affairs Division of the
Department of Business and Industry.
5. “Donation” means a promise, grant or pledge of money, credit,
property, financial assistance or other thing of value given in response
to a solicitation by telephone, including, but not limited to, a payment
or promise to pay in consideration for a performance, event or sale of
goods or services. The term does not include volunteer services,
government grants or contracts or a payment by members of any
organization of membership fees, dues, fines or assessments or for
services rendered by the organization to those persons, if:
(a) The fees, dues, fines, assessments or services confer a bona
fide right, privilege, professional standing, honor or other direct
benefit upon the member; and
(b) Membership in the organization is not conferred solely in
consideration for making a donation in response to a solicitation.
6. “Goods or services” means any property, tangible or intangible,
real, personal or mixed, and any other article, commodity or thing of
value.
7. “Premium” includes any prize, bonus, award, gift or any other
similar inducement or incentive to purchase.
8. “Recovery service” means a business or other practice whereby a
person represents or implies that he will, for a fee, recover any amount
of money that a consumer has provided to a seller or salesman pursuant to
a solicitation governed by the provisions of this chapter.
9. “Salesman” means any person:
(a) Employed or authorized by a seller to sell, or to attempt to
sell, goods or services by telephone;
(b) Retained by a seller to provide consulting services relating to
the management or operation of the seller’s business; or
(c) Who communicates on behalf of a seller with a consumer:
(1) In the course of a solicitation by telephone; or
(2) For the purpose of verifying, changing or confirming an
order,
Ê except that a person is not a salesman if his only function is to
identify a consumer by name only and he immediately refers the consumer
to a salesman.
10. Except as otherwise provided in subsection 11, “seller” means
any person who, on his own behalf, causes or attempts to cause a
solicitation by telephone to be made through the use of one or more
salesmen or any automated dialing announcing device under any of the
following circumstances:
(a) The person initiates contact by telephone with a consumer and
represents or implies:
(1) That a consumer who buys one or more goods or services
will receive additional goods or services, whether or not of the same
type as purchased, without further cost, except for actual postage or
common carrier charges;
(2) That a consumer will or has a chance or opportunity to
receive a premium;
(3) That the items for sale are gold, silver or other
precious metals, diamonds, rubies, sapphires or other precious stones, or
any interest in oil, gas or mineral fields, wells or exploration sites or
any other investment opportunity;
(4) That the product offered for sale is information or
opinions relating to sporting events;
(5) That the product offered for sale is the services of a
recovery service; or
(6) That the consumer will receive a premium or goods or
services if he makes a donation;
(b) The solicitation by telephone is made by the person in response
to inquiries from a consumer generated by a notification or communication
sent or delivered to the consumer that represents or implies:
(1) That the consumer has been in any manner specially
selected to receive the notification or communication or the offer
contained in the notification or communication;
(2) That the consumer will receive a premium if the
recipient calls the person;
(3) That if the consumer buys one or more goods or services
from the person, the consumer will also receive additional or other goods
or services, whether or not the same type as purchased, without further
cost or at a cost that the person represents or implies is less than the
regular price of the goods or services;
(4) That the product offered for sale is the services of a
recovery service; or
(5) That the consumer will receive a premium or goods or
services if he makes a donation; or
(c) The solicitation by telephone is made by the person in response
to inquiries generated by advertisements that represent or imply that the
person is offering to sell any:
(1) Gold, silver or other metals, including coins, diamonds,
rubies, sapphires or other stones, coal or other minerals or any interest
in oil, gas or other mineral fields, wells or exploration sites, or any
other investment opportunity;
(2) Information or opinions relating to sporting events; or
(3) Services of a recovery service.
11. “Seller” does not include:
(a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales or purchases
within the scope of his license.
(b) A person licensed pursuant to chapter 119A , 119B , 624 , 645 or 696A of NRS when soliciting sales within the scope of
his license.
(c) A person licensed as an insurance broker, agent or solicitor
when soliciting sales within the scope of his license.
(d) Any solicitation of sales made by the publisher of a newspaper
or magazine or by an agent of the publisher pursuant to a written
agreement between the agent and publisher.
(e) A broadcaster soliciting sales who is licensed by any state or
federal authority, if the solicitation is within the scope of the
broadcaster’s license.
(f) A person who solicits a donation from a consumer when:
(1) The person represents or implies that the consumer will
receive a premium or goods or services with an aggregated fair market
value of 2 percent of the donation or $50, whichever is less; or
(2) The consumer provides a donation of $50 or less in
response to the solicitation.
(g) A charitable organization which is registered or approved to
conduct a lottery pursuant to chapter 462 of
NRS.
(h) A public utility or motor carrier which is regulated pursuant
to chapter 704 or 706 of NRS, or by an affiliate of such a utility or
motor carrier, if the solicitation is within the scope of its certificate
or license.
(i) A utility which is regulated pursuant to chapter 710 of NRS, or by an affiliate of such a utility.
(j) A person soliciting the sale of books, recordings, video
cassettes, software for computer systems or similar items through:
(1) An organization whose method of sales is governed by the
provisions of Part 425 of Title 16 of the Code of Federal Regulations
relating to the use of negative option plans by sellers in commerce;
(2) The use of continuity plans, subscription arrangements,
arrangements for standing orders, supplements, and series arrangements
pursuant to which the person periodically ships merchandise to a consumer
who has consented in advance to receive the merchandise on a periodic
basis and has the opportunity to review the merchandise for at least 10
days and return it for a full refund within 30 days after it is received;
or
(3) An arrangement pursuant to which the person ships
merchandise to a consumer who has consented in advance to receive the
merchandise and has the opportunity to review the merchandise for at
least 10 days and return it for a full refund within 30 days after it is
received.
(k) A person who solicits sales by periodically publishing and
delivering a catalog to consumers if the catalog:
(1) Contains a written description or illustration of each
item offered for sale and the price of each item;
(2) Includes the business address of the person;
(3) Includes at least 24 pages of written material and
illustrations;
(4) Is distributed in more than one state; and
(5) Has an annual circulation by mailing of not less than
250,000.
(l) A person soliciting without the intent to complete and who does
not complete, the sales transaction by telephone but completes the sales
transaction at a later face-to-face meeting between the solicitor and the
consumer, if the person, after soliciting a sale by telephone, does not
cause another person to collect the payment from or deliver any goods or
services purchased to the consumer.
(m) Any commercial bank, bank holding company, subsidiary or
affiliate of a bank holding company, trust company, savings and loan
association, credit union, industrial loan company, personal property
broker, consumer finance lender, commercial finance lender, or insurer
subject to regulation by an official or agency of this state or of the
United States, if the solicitation is within the scope of the certificate
or license held by the entity.
(n) A person holding a certificate of authority issued pursuant to
chapter 452 of NRS when soliciting sales
within the scope of the certificate.
(o) A person licensed pursuant to chapter 689 of NRS when soliciting sales within the scope of his
license.
(p) A person soliciting the sale of services provided by a
community antenna television company subject to regulation pursuant to
chapter 711 of NRS.
(q) A person soliciting the sale of agricultural products, if the
solicitation is not intended to and does not result in a sale of more
than $100 that is to be delivered to one address. As used in this
paragraph, “agricultural products” has the meaning ascribed to it in NRS
587.290 .
(r) A person who has been operating, for at least 2 years, a retail
business establishment under the same name as that used in connection
with the solicitation of sales by telephone if, on a continuing basis:
(1) Goods are displayed and offered for sale or services are
offered for sale and provided at the person’s business establishment; and
(2) At least 50 percent of the person’s business involves
the buyer obtaining such goods or services at the person’s business
establishment.
(s) A person soliciting only the sale of telephone answering
services to be provided by the person or his employer.
(t) A person soliciting a transaction regulated by the Commodity
Futures Trading Commission, if:
(1) The person is registered with or temporarily licensed by
the Commission to conduct that activity pursuant to the Commodity
Exchange Act (7 U.S.C. §§ 1 et seq.); and
(2) The registration or license has not expired or been
suspended or revoked.
(u) A person who contracts for the maintenance or repair of goods
previously purchased from the person:
(1) Making the solicitation; or
(2) On whose behalf the solicitation is made.
(v) A person to whom a license to operate an information service or
a nonrestricted gaming license, which is current and valid, has been
issued pursuant to chapter 463 of NRS when
soliciting sales within the scope of his license.
(w) A person who solicits a previous customer of the business on
whose behalf the call is made if the person making the call:
(1) Does not offer the customer any premium in connection
with the sale;
(2) Is not selling an investment or an opportunity for an
investment that is not registered with any state or federal authority; and
(3) Is not regularly engaged in telephone sales.
(x) A person who solicits the sale of livestock.
(y) An issuer which has a class of securities that is listed on the
New York Stock Exchange, the American Stock Exchange or the National
Market System of the National Association of Securities Dealers Automated
Quotation System.
(z) A subsidiary of an issuer that qualifies for exemption pursuant
to paragraph (y) if at least 60 percent of the voting power of the shares
of the subsidiary is owned by the issuer.
(Added to NRS by 1989, 1379; A 1991, 2039; 1993, 1802, 2100; 1995,
579, 932; 1997, 1119, 3202, 3208)
1. The Attorney General shall provide opinions for the Division on
all questions of law relating to the construction, interpretation or
administration of this chapter.
2. The Commissioner shall determine whether a person is required
to register pursuant to the provisions of this chapter. In making that
determination, the Commissioner shall consider the definitions, intent,
findings and declarations set forth in this chapter.
(Added to NRS by 1993, 2096; A 1997, 2018; 2001, 361 )
1. The Attorney General may adopt regulations establishing
standards of conduct for registrants and any other regulations necessary
to exercise the powers and carry out the duties of the Attorney General
as set forth in this chapter.
2. The Commissioner and the Attorney General shall jointly adopt
rules of practice establishing a procedure for processing complaints
received concerning sellers and salesmen, whether or not the sellers and
salesmen are registered pursuant to this chapter. The rules of practice:
(a) Must provide for the sharing of information and for the initial
review of complaints by the Attorney General before mediation by the
Commissioner; and
(b) May provide procedures for mediation by the Commissioner after
initial review by the Attorney General.
3. The Commissioner may adopt rules of practice necessary to
administer and carry out the provisions of this chapter pertaining to the
registration of sellers and salesmen. The rules of practice must not
restrict the powers and duties of the Attorney General as set forth in
this chapter.
(Added to NRS by 1993, 2100)
The
remedies, duties and prohibitions of this chapter are not exclusive and
are in addition to any other remedies provided by law.
(Added to NRS by 1989, 1389)
REGISTRATION
It is unlawful for any person
to do business as a seller or salesman in this State without being
registered with the Division pursuant to the provisions of this chapter.
For the purposes of this section, a person does business as a seller or
salesman in this State if he solicits or causes to be solicited a sale of
goods or services or a donation from a location in this State or solicits
persons in this State from a location outside this State.
(Added to NRS by 1989, 1382; A 1993, 2104; 1995, 936)
1. An applicant for registration as a seller must submit to the
Division, in such form as it prescribes, a written application for
registration. The application must:
(a) Set forth the name of the applicant, including each name under
which he intends to do business;
(b) Set forth the name of any parent or affiliated entity that:
(1) Will engage in a business or other transaction with the
consumer relating to any sale or donation solicited by the applicant; or
(2) Accepts responsibility for any statement or act of the
applicant relating to any sale or donation solicited by the applicant;
(c) Set forth the complete street address of each location,
designating the principal location, from which the applicant will be
doing business;
(d) Contain a list of all telephone numbers to be used by the
applicant, with the address where each telephone using these numbers will
be located;
(e) Set forth the name and address of each:
(1) Principal officer, director, trustee, shareholder, owner
or partner of the applicant, and of each other person responsible for the
management of the business of the applicant;
(2) Person responsible for a location from which the
applicant will do business; and
(3) Salesman to be employed by or otherwise associated with
the applicant;
(f) Be accompanied by a copy of any:
(1) Script, outline or presentation the applicant will
require a salesman to use when soliciting or, if no such document is
used, a statement to that effect;
(2) Sales or donation information or literature to be
provided by the applicant to a salesman, or of which the applicant will
inform the salesman; and
(3) Sales or donation information or literature to be
provided by the applicant to a consumer in connection with any
solicitation;
(g) If the applicant is a corporation, be signed by an officer of
the corporation; and
(h) If the applicant is a natural person, be completed personally
by the applicant.
2. Any material submitted pursuant to paragraph (f) of subsection
1 is submitted for the records of the Division and not for the approval
of the Division.
3. The information provided pursuant to paragraph (f) of
subsection 1 by an applicant for registration as a seller is confidential
and may only be released to a law enforcement agency, to a court of
competent jurisdiction or by order of a court of competent jurisdiction.
4. If the applicant is other than a natural person, or if any
parent or affiliated entity is identified pursuant to paragraph (b) of
subsection 1, the applicant must, for itself and any such entity,
identify its place of organization and:
(a) In the case of a partnership, provide a copy of any written
partnership agreement; or
(b) In the case of a corporation, provide a copy of its articles of
incorporation and bylaws.
5. An application filed pursuant to this section must be verified
and accompanied by:
(a) A bond, letter of credit or certificate of deposit satisfying
the requirements of NRS 599B.100 ;
(b) A fee for registration in the amount of $6,000;
(c) If subsection 6 applies, the additional bond, letter of credit
or certificate of deposit and the additional fee required by that
subsection; and
(d) A copy of:
(1) The work card issued to the seller pursuant to
subsection 1 of NRS 599B.115 , if the
seller is required to obtain a work card; and
(2) The work cards of any other persons associated with the
seller who are required to obtain work cards pursuant to subsection 2 of
NRS 599B.115 .
6. If an applicant intends to do business under any assumed or
fictitious name, he must, for each such name:
(a) File an additional bond, letter of credit or certificate of
deposit satisfying the requirements of NRS 599B.100 ; and
(b) Pay an additional fee for registration in the amount of $6,000.
(Added to NRS by 1989, 1382; A 1991, 984; 1993, 2104; 1995, 936;
1997, 3206; 1999, 1904 )
1. An application filed pursuant to NRS 599B.090 must be accompanied by:
(a) A bond executed by a corporate surety approved by the
Commissioner and licensed to do business in this state;
(b) An irrevocable letter of credit issued for the benefit of the
applicant by a bank whose deposits are insured by an agency of the
Federal Government; or
(c) A certificate of deposit in a financial institution insured by
an agency of the Federal Government or by a private insurer approved
pursuant to NRS 678.755 . The
certificate of deposit may be withdrawn only on the order of the
Commissioner, except that the interest may accrue to the applicant.
2. The amount of the bond, letter of credit or certificate of
deposit must be $50,000, and the bond, letter of credit or certificate of
deposit must be conditioned upon compliance by the applicant with the
provisions of this chapter.
3. The amount of the security required to be filed by the seller
may be increased to not more than $250,000 as part of an assurance of
discontinuance accepted by the Attorney General pursuant to NRS 599B.235
.
4. If, after a registration certificate is issued, the amount of
the bond, letter of credit or certificate of deposit which secures the
registration falls below the amount that is required by subsection 2 or
the amount determined by the Commissioner pursuant to subsection 3, the
seller shall be deemed not to be registered pursuant to this chapter for
the purposes of NRS 599B.080 .
5. The term of any bond, letter of credit or certificate of
deposit, or any renewal thereof, must not be less than 1 year.
6. The Commissioner may reject any bond, letter of credit or
certificate of deposit which fails to conform to the requirements of this
section.
7. A seller may change the form of the security. If a seller
changes the form of the security, the Commissioner may retain for not
more than 1 year all or a portion of the security previously filed by the
seller as security for claims arising at the time the security was in
effect.
8. If no claims have been filed against the bond, letter of credit
or certificate of deposit within 6 months after the registrant ceases to
operate or his registration expires, whichever occurs later, the
Commissioner shall release the bond, letter of credit or certificate of
deposit to the registrant and shall not audit any claims filed thereafter
by consumers. If one or more claims have been filed against the bond,
letter of credit or certificate of deposit within 6 months after the
registrant ceases to operate or his registration expires, whichever
occurs later, the proceeds must not be released to the registrant or
distributed to any consumer earlier than 1 year after the registrant
ceases to operate or his registration expires, whichever occurs later.
The Division shall not audit any claims which are filed pursuant to NRS
599B.105 more than 1 year after the
registrant ceases to operate or his registration expires, whichever
occurs later. For the purposes of this subsection, the Commissioner shall
determine the date on which a registrant ceases to operate.
(Added to NRS by 1989, 1383; A 1993, 2105; 1995, 937; 1999, 1519
)
1. The bond, letter of credit or certificate of deposit filed
pursuant to NRS 599B.100 must be held
in trust for consumers injured by the seller.
2. Any consumer who is injured by the bankruptcy of the seller or
his breach of any agreement entered into in his capacity as a registrant
may bring and maintain an action to recover against the bond, letter of
credit or certificate of deposit.
3. In addition to the remedy provided by subsection 2, a consumer
may file with the Division a claim against a bond, letter of credit or
certificate of deposit filed pursuant to NRS 599B.100 if he:
(a) Has purchased or received goods or services from a registrant;
(b) Was harmed by that registrant’s breach of any agreement entered
into in his capacity as a registrant; and
(c) Can show that he is entitled to a refund pursuant to subsection
1 of NRS 599B.190 .
Ê No other person is entitled to bring an action against the bond, letter
of credit or certificate of deposit pursuant to this subsection.
4. The Division shall audit each claim to determine whether the
consumer is entitled to receive a refund pursuant to subsection 1 of NRS
599B.190 . The Division may request
the consumer and the registrant, or either of them, to provide
information to assist in the audit.
5. After the Division has completed its audit, it shall schedule a
hearing and notify the registrant and the consumer of its intent to take
action or to decline to take action. If the Division decides that it will
take action against the bond, letter of credit or certificate of deposit,
it shall notify the registrant not less than 10 days before the date set
for the hearing to appear and show cause why the Division should not take
the intended action. If the Division decides that it will not take action
against the bond, letter of credit or certificate of deposit of a
registrant on behalf of the consumer, the Division shall notify the
consumer not less than 10 days before the date set for the hearing to
appear and show cause why the Division should not decline to take action.
6. If, upon hearing, the Commissioner determines that there are
sufficient grounds to take the intended action against the bond, letter
of credit or certificate of deposit, or if the registrant or the consumer
fails to appear and show cause why the Division should not take the
intended action, the Commissioner shall take the action provided for in
the Division’s notice of intended action.
7. The Division shall not distribute or cause to be distributed to
the consumer more than the actual amount of money that the consumer paid
for the product, service or premium. The Division shall not distribute or
cause to be distributed to the consumer the value of a premium if the
value exceeds the amount paid by the consumer.
8. Except as otherwise provided in subsection 10, if the total
amount of money awarded to consumers against a bond does not exceed the
amount of that bond, the surety on the bond shall distribute the money
from the bond to the consumers according to the terms of the order of the
Commissioner and is thereby relieved of all liability pursuant to the
bond.
9. If the total amount of money awarded to consumers against a
bond exceeds the amount of that bond, or if the security is held in the
form of a letter of credit or a certificate of deposit, the surety on the
bond or the issuer of the letter of credit or certificate of deposit
shall deposit the amount of the security with the Division and is thereby
relieved of all liability pursuant thereto. Except as otherwise provided
in subsection 10, the Division shall distribute to each consumer his pro
rata share of the proceeds of the bond, letter of credit or certificate
of deposit.
10. Before distributing the proceeds of the bond, letter of credit
or certificate of deposit to the consumer, the Division:
(a) Shall allow the registrant a reasonable amount of time within
which to resolve the claims.
(b) Is entitled to deduct from the proceeds of the bond, letter of
credit or certificate of deposit the Division’s or Commissioner’s costs
of hearing, auditing and determining the claim, including attorney’s fees.
11. A consumer who receives less than a full refund may bring an
action in a court of competent jurisdiction against the registrant to
recover the unpaid balance.
12. The Commissioner may adopt regulations regarding the
distribution of the money to claimants pursuant to this section,
including the conduct of hearings relating to such distributions.
(Added to NRS by 1993, 2096; A 1995, 938)
1. With respect to any person identified pursuant to subparagraph
(1) or (2) of paragraph (e) of subsection 1 of NRS 599B.090 , an applicant for registration as a seller
must state in his application the identity of any person who:
(a) Has been convicted of racketeering or any offense involving
fraud, theft, embezzlement, fraudulent conversion or misappropriation of
property;
(b) Has had entered against him a final judgment or order,
including a stipulated judgment or order, in any civil or administrative
action involving racketeering, fraud, theft, embezzlement, fraudulent
conversion or misappropriation of property, the use of any untrue or
misleading representation in an attempt to sell or dispose of real or
personal property, or the use of any unfair, unlawful or deceptive trade
practice;
(c) Is subject to any currently effective injunction or restrictive
court order relating to a business activity as the result of any action
brought by a federal, state or local agency, including any action
affecting any license or registration authorizing him to do business or
practice an occupation or trade;
(d) Has at any time during the previous 7 years filed in
bankruptcy, been adjudged bankrupt or been reorganized because of
insolvency; or
(e) Has been a principal, director, officer or trustee of, or a
general or limited partner in, or had responsibilities as a manager in,
any corporation, partnership, joint venture or other entity that filed in
bankruptcy, was adjudged bankrupt or was reorganized because of
insolvency within 1 year after the person held that position.
2. For any person described in subsection 1, the applicant must:
(a) Identify the court or administrative agency rendering the
conviction, judgment or order against the person;
(b) Provide the docket number of the matter, the date of the
conviction, judgment or order and the name of the governmental agency, if
any, that brought the action resulting in the conviction, judgment or
order; and
(c) For any person described in paragraph (e) of that subsection,
provide the name and address of the person filing in bankruptcy, adjudged
bankrupt or reorganized because of insolvency, the date of the action,
the court which exercised jurisdiction and the docket number of the
matter.
(Added to NRS by 1989, 1384; A 1993, 2106)
1. Except as otherwise provided in subsection 5, each applicant
for registration as a seller must obtain a work card issued pursuant to
subsection 3 by the sheriff of the county in which the business of the
applicant is located.
2. Except as otherwise provided in subsection 5, each principal
officer, director, trustee, shareholder, owner, partner and employee of a
seller, and each salesman associated with a seller who is not an employee
of the seller, must obtain a work card issued pursuant to subsection 3 by
the sheriff of the county in which the business of the seller is located
that authorizes his association with the seller.
3. The sheriff of a county shall issue a work card to each person
who is required by this section to obtain a work card and who complies
with the requirements established by the sheriff for the issuance of such
a card. A work card issued pursuant to this section must be renewed each
year.
4. If the sheriff of a county requires an applicant for a work
card to be investigated, the applicant must submit with his application a
complete set of his fingerprints which the sheriff may forward to the
Central Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation to determine the criminal history
of the applicant.
5. A person who is licensed or registered pursuant to chapter 119A
or 645 of NRS
is not required to obtain a work card pursuant to this section.
(Added to NRS by 1997, 3202; A 1999, 1905 ; 2003, 2859 )
[Effective until the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. An applicant for registration as a salesman must submit to the
Division, in such form as it prescribes, a written application for
registration. The application must set forth the following information:
(a) The name, age and address of the applicant.
(b) If the applicant is a natural person, the social security
number of the applicant.
(c) Each business or occupation engaged in by the applicant during
the 2 years immediately preceding the date of the application, and the
location thereof.
(d) The previous experience of the applicant as a salesman.
(e) Whether the applicant has previously been arrested for,
convicted of or is under indictment for a felony and, if so, the nature
of the felony.
(f) Whether the applicant has previously been convicted of or is
under indictment for forgery, embezzlement, obtaining money under false
pretenses, larceny, extortion, conspiracy to defraud or any other crime
involving moral turpitude.
(g) Whether the applicant has previously been convicted of acting
as a salesman without registration or a license, or whether such a
registration or license has previously been refused, revoked or suspended
in any jurisdiction.
2. Except as otherwise provided in this subsection, an application
filed pursuant to this section must be verified and be accompanied by:
(a) A verified statement of the seller with whom the salesman will
be associated, expressing the intention of the seller to associate the
salesman with him and to be responsible for the activities of the
salesman as a registrant;
(b) If the applicant is a natural person, the statement required
pursuant to NRS 599B.125 ; and
(c) A fee for registration in the amount of $100.
Ê The fee may be paid after the application is filed, but must be paid
within 14 days after the applicant begins work as a salesman.
3. Any application for registration made by a natural person must
be completed personally by the applicant. An application made by a
corporation must be signed by an officer of the corporation.
(Added to NRS by 1989, 1384; A 1993, 2107; 1997, 2104)
[Effective on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. An applicant for registration as a salesman must submit to the
Division, in such form as it prescribes, a written application for
registration. The application must set forth the following information:
(a) The name, age and address of the applicant.
(b) Each business or occupation engaged in by the applicant during
the 2 years immediately preceding the date of the application, and the
location thereof.
(c) The previous experience of the applicant as a salesman.
(d) Whether the applicant has previously been arrested for,
convicted of or is under indictment for a felony and, if so, the nature
of the felony.
(e) Whether the applicant has previously been convicted of or is
under indictment for forgery, embezzlement, obtaining money under false
pretenses, larceny, extortion, conspiracy to defraud or any other crime
involving moral turpitude.
(f) Whether the applicant has previously been convicted of acting
as a salesman without registration or a license, or whether such a
registration or license has previously been refused, revoked or suspended
in any jurisdiction.
2. Except as otherwise provided in this subsection, an application
filed pursuant to this section must be verified and be accompanied by:
(a) A verified statement of the seller with whom the salesman will
be associated, expressing the intention of the seller to associate the
salesman with him and to be responsible for the activities of the
salesman as a registrant; and
(b) A fee for registration in the amount of $100.
Ê The fee may be paid after the application is filed, but must be paid
within 14 days after the applicant begins work as a salesman.
3. Any application for registration made by a natural person must
be completed personally by the applicant. An application made by a
corporation must be signed by an officer of the corporation.
(Added to NRS by 1989, 1384; A 1993, 2107; 1997, 2104, effective on
the date of the repeal of the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
[Expires by limitation on the
date of the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. A natural person who applies for the issuance or renewal of a
registration certificate as a salesman for a seller shall submit to the
Division the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services
pursuant to NRS 425.520 . The statement
must be completed and signed by the applicant.
2. The Division shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the registration certificate; or
(b) A separate form prescribed by the Division.
3. A registration certificate as a salesman for a seller may not
be issued or renewed by the Division if the applicant is a natural person
who:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Division shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2103)
1. The Division shall issue to each registrant a registration
certificate in such form and size as is prescribed by the Division and,
in the case of a seller, shall issue a registration certificate for each
location at which the seller proposes to do business. Each registration
certificate must show the name and address of the registrant and, in the
case of a salesman’s registration certificate, must set forth the name of
the seller with whom the salesman will be associated.
2. Each registrant shall prominently display his registration
certificate at the location where he does business.
(Added to NRS by 1989, 1385; A 1993, 2108)
1. Each person registered pursuant to the provisions of this
chapter must renew his registration annually by:
(a) Paying the fee for registration;
(b) Submitting to the Division the application required by NRS
599B.090 or 599B.120 , whichever applies; and
(c) If the person is a seller, submitting to the Division:
(1) A copy of the work card obtained by:
(I) The seller pursuant to subsection 1 of NRS
599B.115 ; and
(II) Each principal officer, director, trustee,
shareholder, owner, partner and employee of the seller, and each salesman
associated with the seller who is not an employee of the seller, pursuant
to subsection 2 of NRS 599B.115 ; and
(2) If applicable, a statement listing each person who,
pursuant to subsection 5 of NRS 599B.115 , is not required to obtain a work card.
2. Registration expires on the anniversary of the issuance of the
registration. A registrant who wishes to renew his registration must do
so on or before the date his registration expires.
3. For the purposes of NRS 599B.080 , a person who fails to renew his
registration within the time required by this section is not registered
pursuant to this chapter.
4. Except as otherwise provided in NRS 599B.160 , if any material change in the information
submitted for registration occurs before the date for renewal, a
registrant shall submit that information to the Division within 10 days
after the registrant obtains knowledge of the change.
(Added to NRS by 1989, 1385; A 1993, 2108; 1997, 3208; 1999, 1906
)
[Expires by limitation on the
date of the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. If the Division receives a copy of a court order issued
pursuant to NRS 425.540 that provides
for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who has been
registered by the Division as a salesman of a seller, the Division shall
deem the person’s registration to be suspended at the end of the 30th day
after the date on which the court order was issued unless the Division
receives a letter issued by the district attorney or other public agency
pursuant to NRS 425.550 to the person
who has been registered stating that the person has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560 .
2. The Division shall reinstate a registration certificate as a
salesman for a seller that has been suspended by a district court
pursuant to NRS 425.540 if the Division
receives a letter issued by the district attorney or other public agency
pursuant to NRS 425.550 to the person
whose registration was suspended stating that the person whose
registration was suspended has complied with the subpoena or warrant or
has satisfied the arrearage pursuant to NRS 425.560 .
(Added to NRS by 1997, 2103)
1. The fees for registration required by NRS 599B.090 , 599B.120 and 599B.140 must be paid in cash or by certified check
or money order.
2. A fee for registration must not be refunded, except that all or
part of the fee may be refunded if the Commissioner rejects an
application for registration because the application is incomplete.
(Added to NRS by 1993, 2096)
PRACTICE
1. No salesman may be associated with or employed by more than one
seller at the same time.
2. A seller shall cooperate fully with the Commissioner in any
investigation made by him concerning an alleged violation of the
provisions of this chapter by a salesman.
(Added to NRS by 1989, 1385)
If any change is made to any script,
outline, presentation or sales or donation information or literature used
by a registrant in connection with any solicitation, the new or revised
material must be submitted by the registrant to the Division before such
material is used.
(Added to NRS by 1989, 1385; A 1993, 2108; 1995, 939)
1. During any solicitation or sales presentation made by him, or
in any correspondence written in connection with a sale, a salesman shall:
(a) Identify himself by stating his true name;
(b) Identify the seller by whom he is employed; and
(c) State the purpose of his call.
2. During any solicitation or sales presentation made by him, or
in any correspondence written in connection with a registrant, a
registrant shall disclose to a consumer:
(a) Any charge, including the amount associated with the use of any
premium being offered;
(b) Any material restriction, requirement, condition, limitation or
exception which is associated with the use of the premium; and
(c) Any charge connected with the sale of any goods or services.
3. A registrant shall not characterize a premium as a prize unless
the consumer may receive the premium free of charge and without making
any purchase.
4. A registrant shall inform each consumer of the time within
which any premium will be delivered.
5. A registrant shall not make any representation of the number of
premiums to be awarded in a sales promotion unless the representation
accurately reflects the actual number of premiums that will be awarded.
(Added to NRS by 1989, 1385; A 1993, 2108; 1995, 939)
If a seller expressly or
impliedly represents to any consumer, directly or through a salesman,
that the consumer is or may be eligible to receive any gift, premium,
bonus or prize, however denominated, the seller shall:
1. Submit to the Division a statement setting forth, for each item
mentioned:
(a) A description of the item.
(b) The value or worth of the item and the basis for the valuation.
(c) All terms and conditions a consumer must satisfy in order to
receive the item. The statement must be accompanied by a copy of the
written statement of terms and conditions provided to consumers pursuant
to subsection 3.
(d) If they are ascertainable, the odds, for a given consumer, of
receiving the item.
(e) If a consumer is to receive fewer than all the items described
by the seller:
(1) The manner in which the seller decides which item a
given consumer is to receive.
(2) If they are ascertainable, the odds, for a given
consumer, of receiving each item described.
(3) The name and address of each person who has, during the
preceding 12 months or any portion thereof in which the seller has done
business, received the item having the greatest value and the item with
the smallest odds of being received.
2. Provide the following information to the consumer at the time
of the solicitation:
(a) The complete address of the location and the telephone number
from which the consumer is being called and, if different, the complete
address of the principal location at which the seller does business.
(b) The information required by paragraphs (a) and (c) of
subsection 1.
(c) If the seller elects to inform the consumer of the value or
worth of the item, the information must be identical to that submitted
pursuant to paragraph (b) of subsection 1, in exactly the form submitted.
(d) If the consumer is to receive fewer than all the items
described by the seller, the information required by subparagraph (1) of
paragraph (e) of subsection 1.
3. Advise the consumer, at the time of the solicitation, that he
may obtain, without cost, a written statement of the terms and conditions
he must satisfy in order to receive the item. If the consumer so
requests, the seller shall send him such a statement, by mail, without
cost to the consumer.
(Added to NRS by 1989, 1385; A 1995, 940)
If a registrant solicits the sale of investments or
opportunities for investment, he shall, during the oral sales
presentation and in writing, inform the prospective consumer:
1. Of the manner in which the price of the offered item is
determined;
2. Whether the registrant or his employer receives any financial
advantage other than an agent’s or brokerage fee; and
3. Of the amount of any agent’s or brokerage fee.
(Added to NRS by 1993, 2098; A 1995, 941)
1. A registrant shall not use a chance promotion unless each
consumer is entitled to participate in the promotion without charge or
payment of any kind.
2. A registrant shall, before describing any item offered in a
chance promotion, inform each consumer that he may participate in the
promotion without any obligation to purchase any goods or services.
3. If a consumer specifically requests the information and the
odds are ascertainable, the registrant shall orally disclose the odds of
receiving each item offered in the chance promotion. If such a request is
made but the odds are not ascertainable, the registrant shall disclose
the manner in which the items offered in the promotion are awarded.
4. A registrant shall not require or request the payment of any
money as a condition of obtaining any premium offered in a chance
promotion.
5. A registrant shall not require a person to perform any action
or to supply any information to participate in a chance promotion, except
that the registrant may require the person to submit a written request
sent by first-class mail. A registrant may not require the person to
supply any information other than his name, address and a list of the
premiums available in the chance promotion.
6. If a premium is offered in a chance promotion, the registrant
shall provide any such premium to each person who does not purchase goods
or services from the registrant upon the same terms, including time of
delivery, as are provided to the persons who do purchase goods or
services from the registrant.
7. If requested, a registrant shall inform each person who does
not purchase goods or services from the registrant of the manner in which
the person can participate in the chance promotion.
8. Any registrant who uses a chance promotion shall:
(a) Furnish to the Division information establishing the financial
ability of the registrant to award all premiums to be given in the
promotion.
(b) Award all premiums included in the promotion to bona fide
recipients within 12 months after the promotion begins.
(c) Deliver the premiums to bona fide recipients within a
reasonable time.
(Added to NRS by 1993, 2098; A 1995, 941)
1. Except as otherwise provided in subsection 3, a person who
purchases goods or services or makes a donation pursuant to a
solicitation governed by this chapter must be given a refund or
replacement, at his option, if:
(a) The goods or services are defective, are not as represented or
if any item described pursuant to NRS 599B.180 is not received as promised; and
(b) He returns the unused goods, if any, or makes a written request
for the refund or replacement within 30 days after he receives:
(1) The goods or services; or
(2) Any item described pursuant to NRS 599B.180 ,
Ê whichever is received later. A return or request is timely if shipment
is made or the request is postmarked, properly addressed and postage
prepaid, within the time provided by this paragraph.
2. A registrant who receives a written request for a refund or
replacement shall not require prior authorization for a return of goods
and shall give a refund or replacement within 14 days after receipt of
the request.
3. If a consumer of goods returns only a portion of the goods, the
refund or replacement required by subsection 1 may be prorated
accordingly.
4. The refund or replacement required by subsection 1 must be
given by the seller, regardless of whether payment for the goods or
services is made to the seller or some other person.
5. Except for any proration permitted by subsection 3, a
registrant shall not impose any charge in connection with a return of
goods or a request for a refund or replacement.
6. If a registrant receives payment by credit card, he may issue a
refund in the form of a credit to the credit card account of the consumer
in lieu of a cash refund.
7. Within 3 days after any purchase of goods or services or upon
delivery of the goods or services, whichever is later, or within 3 days
after receiving a donation, the seller shall provide the consumer with a
written summary of the provisions of this section. The summary must:
(a) Be made in a form prescribed by the Division.
(b) Include the address to which returned goods or a request for
refund may be sent.
(c) Be accompanied by a statement containing the information
required by paragraph (e) of subsection 1 of NRS 599B.180 , if the provisions of that section apply.
(d) If the provisions of paragraph (c) of subsection 2 of NRS
599B.180 apply, be accompanied by a
statement concerning the number of persons who have, during the 12 months
preceding the solicitation or any portion thereof in which the seller has
done business, received the item having the greatest value and the item
with the smallest odds of being received.
Ê A summary is timely if it is postmarked, properly addressed and postage
prepaid, within the time provided by this subsection.
(Added to NRS by 1989, 1386; A 1993, 2109; 1995, 942)
Each delivery of goods or services by a registrant must be
accompanied by the form prescribed by the Division pursuant to subsection
7 of NRS 599B.190 .
(Added to NRS by 1993, 2098)
A seller or salesman engaged
in a recovery service shall not charge or receive any money or other
valuable consideration from a consumer before full and complete
performance of the service which the seller or salesman has agreed to
perform for or on behalf of the consumer.
(Added to NRS by 1995, 931)
A
salesman or seller shall not disclose the name or address of any person
who purchases goods or services pursuant to a solicitation governed by
this chapter. Nothing in this section prohibits the disclosure of this
information to:
1. Any person employed by or associated with the seller;
2. The Commissioner or any employee of the Division; or
3. Any law enforcement officer or agency that requires the
information for investigative purposes.
(Added to NRS by 1989, 1387; A 1993, 2110)
ENFORCEMENT
1. Every registrant, other than a registrant incorporated in this
state, shall file with the Secretary of State an irrevocable consent
appointing the Secretary of State as his agent to receive service of any
lawful process in any action or proceeding against him arising pursuant
to this chapter. Any lawful process against the registrant served upon
the Secretary of State as provided in subsection 2 has the same force and
validity as if served upon the registrant personally.
2. Service of process authorized by subsection 1 must be made by
filing with the Secretary of State:
(a) Two copies of the process. The copies must include a specific
citation to the provisions of this section. The Secretary of State may
refuse to accept such service if the proper citation is not included in
each copy.
(b) A fee of $10.
Ê The Secretary of State shall forthwith forward one copy of the process
by registered or certified mail prepaid to the registrant, or in the case
of a registrant organized under the laws of a foreign government, to the
United States manager or last appointed United States general agent of
the registrant, giving the day and the hour of the service.
3. Service of process is not complete until the copy thereof has
been mailed and received by the registrant, and the receipt of the
addressee is prima facie evidence of the completion of the service.
4. If service of summons is made upon the Secretary of State in
accordance with the provisions of this section, the time within which the
registrant is required to appear is extended 10 days.
(Added to NRS by 1989, 1389; A 1991, 1317; 1993, 2110; 1997, 475)
1. The Attorney General has primary jurisdiction to investigate
and prosecute violations of this chapter and any fraud involving
solicitation by telephone.
2. When acting pursuant to this section, the Attorney General may
commence his investigation and file a criminal action without leave of
court, and he has exclusive charge of the conduct of the prosecution.
(Added to NRS by 1995, 931)
1. The Attorney General may conduct an investigation to determine
whether a person, either directly or indirectly, has violated, is
violating or is about to violate any of the provisions of this chapter or
any regulation adopted pursuant thereto.
2. If the Attorney General has reason to believe that any person,
either directly or indirectly, has violated, is violating or is about to
violate any of the provisions of this chapter or any regulation adopted
pursuant thereto, the Attorney General may:
(a) Issue a subpoena to require the testimony of any person;
(b) Issue a subpoena to require the production of any documents; or
(c) Administer an oath or affirmation to any person providing
testimony pursuant to a subpoena.
3. A subpoena issued pursuant to subsection 2 must be served in
the manner provided in the Nevada Rules of Civil Procedure.
(Added to NRS by 1993, 2099)
If
any person fails to cooperate with an investigation conducted by the
Attorney General or to obey a subpoena issued by the Attorney General
pursuant to NRS 599B.215 , the
Attorney General may apply to any district court for equitable relief.
The court may:
1. Order the person to testify or to produce the requested
documents pursuant to the subpoena; and
2. Grant other relief necessary to compel compliance by the person.
(Added to NRS by 1993, 2099)
1. The Attorney General may accept an assurance of discontinuance
of any violation of the provisions of this chapter or any regulation
adopted pursuant thereto. The assurance may include a stipulation for the
payment of money to this state by the alleged violator, including but not
limited to, payment for the costs of investigation, for the costs of
instituting the action or proceeding and for the restitution of any money
or property acquired as a result of the violation.
2. Proof by a preponderance of evidence of a violation of an
assurance given pursuant to subsection 1 constitutes prima facie evidence
of a violation of the applicable statutes or regulations for the purpose
of any civil action or proceeding brought thereafter by the Attorney
General, whether the action or proceeding is a new action or a subsequent
motion or petition in a pending action or proceeding.
(Added to NRS by 1993, 2099)
1. If the Attorney General has reason to believe that a person,
either directly or indirectly, has violated, is violating or is about to
violate any of the provisions of this chapter or any regulation adopted
pursuant thereto, he may institute an appropriate legal proceeding
against the person. The district court, upon a showing that the person,
either directly or indirectly, has violated, is violating or is about to
violate any of the provisions of this chapter or any regulation adopted
pursuant thereto, may grant the following remedies, as appropriate:
(a) Issue a temporary or permanent injunction;
(b) Impose a civil penalty not to exceed $5,000 for each violation;
(c) Issue a declaratory judgment;
(d) Order restitution for consumers;
(e) Provide for the appointment of a receiver;
(f) Order the payment of attorney’s fees and costs; and
(g) Order such other relief as the court deems just.
2. Any person who violates a court order or injunction issued
pursuant to subsection 1 shall, upon a complaint brought by the Attorney
General, pay a civil penalty of not more than $50,000 for each violation.
(Added to NRS by 1993, 2099; A 1995, 943)
1. Except as otherwise provided in NRS 599B.213 , the Attorney General or the district
attorney of any county in this state may prosecute a person who willfully
violates, either directly or indirectly, the provisions of this chapter.
Except as otherwise provided in subsection 3, such a person:
(a) For the first offense within 10 years, is guilty of a
misdemeanor.
(b) For the second offense within 10 years, is guilty of a gross
misdemeanor.
(c) For the third and all subsequent offenses within 10 years, is
guilty of a category D felony and shall be punished as provided in NRS
193.130 , or by a fine of not more than
$50,000, or by both fine and the punishment provided in NRS 193.130
.
2. Any offense which occurs within 10 years immediately preceding
the date of the principal offense or after the principal offense
constitutes a prior offense for the purposes of subsection 1 when
evidenced by a conviction, without regard to the sequence of the offenses
and convictions.
3. A person who violates any provision of NRS 599B.080 is guilty of a category D felony and shall
be punished as provided in NRS 193.130 ,
or by a fine of not more than $50,000, or by both fine and the punishment
provided in NRS 193.130 .
4. Property or proceeds attributable to any violation pursuant to
the provisions of this section are subject to forfeiture in the manner
provided by NRS 179.1156 to 179.121
, inclusive.
(Added to NRS by 1993, 2100; A 1995, 943, 1307)
1. Except as otherwise provided in subsection 2, all fees, civil
penalties and any other money collected pursuant to this chapter in an
action brought by the Attorney General must be deposited in the State
General Fund and may only be used to defray the costs of:
(a) Administering and enforcing the provisions of this chapter.
(b) Enforcing the provisions of chapter 598 of NRS as they relate to the conduct of sellers and
salesmen, whether or not the sellers and salesmen are registered pursuant
to this chapter.
2. The provisions of this section do not apply to:
(a) Criminal fines imposed pursuant to the provisions of this
chapter; or
(b) Restitution ordered in an action brought by the Attorney
General pursuant to the provisions of this chapter. Money collected for
restitution ordered in such an action must be deposited by the Attorney
General and credited to the appropriate account of the Division or the
Attorney General for distribution to the person for whom the restitution
was ordered.
(Added to NRS by 1993, 2096; A 1995, 944; 2001, 2928 )
SOLICITATION OF ELDERLY OR DISABLED PERSON
As used in NRS 599B.270 to 599B.300 , inclusive, unless the context otherwise
requires:
1. “Disabled person” means a person who:
(a) Has a physical or mental impairment that substantially limits
one or more of the major life activities of the person;
(b) Has a record of such an impairment; or
(c) Is regarded as having such an impairment.
2. “Elderly person” means a person who is 60 years of age or older.
(Added to NRS by 1993, 1979; A 2003, 2569 )
1. In any action brought pursuant to NRS 599B.213 , 599B.245 or 599B.255 , if the court finds that a person has
engaged in an unlawful solicitation by telephone directed toward an
elderly or disabled person, the court may, in addition to any other civil
or criminal penalty, impose a civil penalty of not more than $10,000 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 or disabled person;
(b) The person knew or should have known that his conduct was
directed toward an elderly or disabled person;
(c) The elderly or disabled person was more vulnerable to the
conduct of the person because of the age, health, infirmity, impaired
understanding, restricted mobility or disability of the elderly or
disabled person;
(d) The conduct of the person caused the elderly or disabled person
to suffer actual and substantial physical, emotional or economic damage;
(e) The conduct of the person caused the elderly or disabled person
to suffer:
(1) Mental or emotional anguish;
(2) The loss of the primary residence of the elderly or
disabled person;
(3) The loss of the principal employment or source of income
of the elderly or disabled person;
(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 or disabled person; or
(7) Any other interference with the economic well-being of
the elderly or disabled person, including the encumbrance of his primary
residence or principal source of income; or
(f) Any other factors that the court deems to be appropriate.
(Added to NRS by 1993, 1979; A 1995, 944)
1. Money collected from civil penalties imposed pursuant to NRS
599B.280 in an action brought by the
district attorney of a county, must be deposited with the county
treasurer of that county and accounted for separately in the county
general fund.
2. Money in the account created pursuant to subsection 1 must be
used by the district attorney of the county for:
(a) The investigation and prosecution of acts of unlawful
solicitation by telephone against elderly or disabled persons; and
(b) Programs for the education of consumers which are directed
toward elderly or disabled persons, law enforcement officers, members of
the judicial system, persons who provide social services and the general
public.
(Added to NRS by 1993, 1980; A 1995, 945)
If an elderly or disabled person
suffers damage or injury as a result of an unlawful solicitation by
telephone, he or his legal representative, if any, may commence a civil
action against any person who engaged in the solicitation to recover the
actual damages suffered by the elderly or disabled person, punitive
damages, if appropriate, and reasonable attorney’s fees. The collection
of any restitution awarded pursuant to this section has a priority over
the collection of any civil penalty imposed pursuant to NRS 599B.280
.
(Added to NRS by 1993, 1980)
