Assembly Bill No. 337–Committee on Commerce and Labor

 

CHAPTER..........

 

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:

 

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

 new section to read as follows:

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

 solicitation by telephone or sales presentation, he:

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

   2.  Repeatedly or continuously conducts the solicitation or

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

 annoying, abusive or harassing;

   3.  Solicits a person by telephone at his residence between 9 p.m. and

 8 a.m.; or

   4.  Blocks or otherwise intentionally circumvents any service used to

 identify the caller when placing an unsolicited telephone call.

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

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

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

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

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

   Sec. 3.  NRS 598.0999 is hereby amended to read as follows:

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

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

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

 commissioner, the director, the district attorney of any county of this state

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

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

 this section, the court issuing the order or injunction retains jurisdiction

 over the action or proceeding. Such civil penalties are in addition to any

 other penalty or remedy available for the enforcement of the provisions of

 NRS 598.0903 to [598.0997, inclusive.] 598.0999, inclusive, and section

 1 of this act.

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

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

 person has willfully engaged in a deceptive trade practice, the

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

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

 to exceed $2,500 for each violation. The court in any such action may, in

 addition to any other relief or reimbursement, award reasonable attorney’s

 fees and costs.

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

 corporation or association who knowingly and willfully engages in a

 deceptive trade practice, other than a deceptive trade practice described in

 NRS 598.992:

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

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

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

 felony and shall be punished as provided in NRS 193.130.

   4.  Any offense which occurred 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 3 when evidenced by a

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

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

 inclusive, and section 1 of this act, 598.100 to 598.2801, inclusive,

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

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

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

 assurance of discontinuance or other agreement concerning an alleged

 violation of such a provision, the commissioner or the district attorney of

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

 seeking:

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

 this state; or

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

The court may grant or deny the relief sought or may order other

 appropriate relief.

   Sec. 4.  The provisions of this act do not apply to offenses committed

 before July 1, 2001.

   Sec. 5.  1.  This section and section 1, 2 and 4 of this act become

 effective on July 1, 2001.

   2.  Section 3 of this act becomes effective at 12:01 a.m. on July 1,

 2001.

 

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