Assembly Bill No. 337–Committee on Commerce and Labor

 

(On Behalf of Office of the Attorney General)

 

March 13, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions relating to deceptive trade practices. (BDR 52‑484)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to deceptive trade practices; expanding the definition of “deceptive trade practice” to include a person who engages in certain acts during a solicitation by telephone or sales presentation; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 598 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    A person engages in a “deceptive trade practice” if during a

1-4  solicitation by telephone or sales presentation, he:

1-5    1.  Uses threatening, intimidating, profane or obscene language;

1-6    2.  Repeatedly or continuously conducts the solicitation or

1-7  presentation in a manner that is considered by a reasonable person to be

1-8  annoying, abusive or harassing;

1-9    3.  Makes or causes to be made an unsolicited telephone call to the

1-10  telephone number of any residential or mobile telephone or telephonic

1-11  device for paging if the telephone number is included on a list of persons

1-12  who do not wish to receive unsolicited telephone calls that is prepared

1-13  and maintained by the consumer affairs division of the department of

1-14  business and industry in accordance with regulations adopted by the

1-15  division;

1-16    4.  Solicits a person by telephone at his residence between 9 p.m. and

1-17  9 a.m.; or

1-18    5.  Blocks or otherwise circumvents any service used to identify the

1-19  caller when placing an unsolicited telephone call.

 

2-1    Sec. 2.  NRS 598.0903 is hereby amended to read as follows:

2-2    598.0903  As used in NRS 598.0903 to 598.0999, inclusive, and

2-3  section 1 of this act, unless the context otherwise requires, the words and

2-4  terms defined in NRS 598.0905 to 598.0947, inclusive, and section 1 of

2-5  this act have the meanings ascribed to them in those sections.

2-6    Sec. 3.  NRS 598.0967 is hereby amended to read as follows:

2-7    598.0967  1.  The commissioner and the director, in addition to any

2-8  other powers conferred upon them by NRS 598.0903 to 598.0999,

2-9  inclusive, may issue subpoenas to require the attendance of witnesses or

2-10  the production of documents, conduct hearings in aid of any investigation

2-11  or inquiry and prescribe such forms and , except as otherwise provided in

2-12  subsection 3 of section 1 of this act, adopt such regulations as may be

2-13  necessary to administer the provisions of NRS 598.0903 to 598.0999,

2-14  inclusive. [Such] The regulations may include, without limitation,

2-15  provisions concerning the applicability of the provisions of NRS 598.0903

2-16  to 598.0999, inclusive, to particular persons or circumstances.

2-17    2.  Service of any notice or subpoena must be made as provided in

2-18  N.R.C.P. 45(c).

2-19    Sec. 4.  NRS 598.0999 is hereby amended to read as follows:

2-20    598.0999  1.  A person who violates a court order or injunction issued

2-21  pursuant to the provisions of NRS 598.0903 to [598.0997,] 598.0999,

2-22  inclusive, and section 1 of this act upon a complaint brought by the

2-23  commissioner, the director, the district attorney of any county of this state

2-24  or the attorney general shall forfeit and pay to the state general fund a civil

2-25  penalty of not more than $10,000 for each violation. For the purpose of this

2-26  section, the court issuing the order or injunction retains jurisdiction over

2-27  the action or proceeding. Such civil penalties are in addition to any other

2-28  penalty or remedy available for the enforcement of the provisions of NRS

2-29  598.0903 to [598.0997, inclusive.] 598.0999, inclusive, and section 1 of

2-30  this act.

2-31    2.  In any action brought pursuant to the provisions of NRS 598.0903

2-32  to 598.0999, inclusive, and section 1 of this act, if the court finds that a

2-33  person has willfully engaged in a deceptive trade practice, the

2-34  commissioner, the director, the district attorney of any county in this state

2-35  or the attorney general bringing the action may recover a civil penalty not

2-36  to exceed $2,500 for each violation.

2-37    3.  A natural person, firm, or any officer or managing agent of any

2-38  corporation or association who knowingly and willfully engages in a

2-39  deceptive trade practice, other than a deceptive trade practice described in

2-40  NRS 598.992:

2-41    (a) For the first offense, is guilty of a misdemeanor.

2-42    (b) For the second offense, is guilty of a gross misdemeanor.

2-43    (c) For the third and all subsequent offenses, is guilty of a category D

2-44  felony and shall be punished as provided in NRS 193.130.

2-45    4.  Any offense which occurred within 10 years immediately preceding

2-46  the date of the principal offense or after the principal offense constitutes a

2-47  prior offense for the purposes of subsection 3 when evidenced by a

2-48  conviction, without regard to the sequence of the offenses and convictions.

3-1    5.  If a person violates any provision of NRS 598.0903 to 598.0999,

3-2  inclusive, and section 1 of this act, 598.100 to 598.2801, inclusive,

3-3  598.281 to 598.289, inclusive, 598.840 to 598.966, inclusive, or 598.992,

3-4  fails to comply with a judgment or order of any court in this state

3-5  concerning a violation of such a provision, or fails to comply with an

3-6  assurance of discontinuance or other agreement concerning an alleged

3-7  violation of such a provision, the commissioner or the district attorney of

3-8  any county may bring an action in the name of the State of Nevada

3-9  seeking:

3-10    (a) The suspension of the person’s privilege to conduct business within

3-11  this state; or

3-12    (b) If the defendant is a corporation, dissolution of the corporation.

3-13  The court may grant or deny the relief sought or may order other

3-14  appropriate relief.

3-15    Sec. 5.  The administrator of the consumer affairs division of the

3-16  department of business and industry shall, on or before January 1, 2002,

3-17  adopt regulations to carry out the provisions of subsection 3 of section 1 of

3-18  this act.

3-19    Sec. 6.  The provisions of this act do not apply to offenses committed

3-20  before July 1, 2001.

3-21    Sec. 7.  This act becomes effective on July 1, 2001.

 

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