(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

 

~

 

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

1-10  8 a.m.; or

1-11    4.  Blocks or otherwise intentionally circumvents any service used to

1-12  identify the caller when placing an unsolicited telephone call.

1-13    Sec. 2.  NRS 598.0903 is hereby amended to read as follows:

1-14    598.0903  As used in NRS 598.0903 to 598.0999, inclusive, and

1-15  section 1 of this act, unless the context otherwise requires, the words and

1-16  terms defined in NRS 598.0905 to 598.0947, inclusive, and section 1 of

1-17  this act have the meanings ascribed to them in those sections.

1-18    Sec. 3.  NRS 598.0999 is hereby amended to read as follows:

1-19    598.0999  1.  A person who violates a court order or injunction issued

1-20  pursuant to the provisions of NRS 598.0903 to [598.0997,] 598.0999,

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

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

2-3  or the attorney general shall forfeit and pay to the state general fund a civil

2-4  penalty of not more than $10,000 for each violation. For the purpose of this

2-5  section, the court issuing the order or injunction retains jurisdiction over

2-6  the action or proceeding. Such civil penalties are in addition to any other

2-7  penalty or remedy available for the enforcement of the provisions of NRS

2-8  598.0903 to [598.0997, inclusive.] 598.0999, inclusive, and section 1 of

2-9  this act.

2-10    2.  In any action brought pursuant to the provisions of NRS 598.0903

2-11  to 598.0999, inclusive, and section 1 of this act, if the court finds that a

2-12  person has willfully engaged in a deceptive trade practice, the

2-13  commissioner, the director, the district attorney of any county in this state

2-14  or the attorney general bringing the action may recover a civil penalty not

2-15  to exceed $2,500 for each violation.

2-16    3.  A natural person, firm, or any officer or managing agent of any

2-17  corporation or association who knowingly and willfully engages in a

2-18  deceptive trade practice, other than a deceptive trade practice described in

2-19  NRS 598.992:

2-20    (a) For the first offense, is guilty of a misdemeanor.

2-21    (b) For the second offense, is guilty of a gross misdemeanor.

2-22    (c) For the third and all subsequent offenses, is guilty of a category D

2-23  felony and shall be punished as provided in NRS 193.130.

2-24    4.  Any offense which occurred within 10 years immediately preceding

2-25  the date of the principal offense or after the principal offense constitutes a

2-26  prior offense for the purposes of subsection 3 when evidenced by a

2-27  conviction, without regard to the sequence of the offenses and convictions.

2-28    5.  If a person violates any provision of NRS 598.0903 to 598.0999,

2-29  inclusive, and section 1 of this act, 598.100 to 598.2801, inclusive,

2-30  598.281 to 598.289, inclusive, 598.840 to 598.966, inclusive, or 598.992,

2-31  fails to comply with a judgment or order of any court in this state

2-32  concerning a violation of such a provision, or fails to comply with an

2-33  assurance of discontinuance or other agreement concerning an alleged

2-34  violation of such a provision, the commissioner or the district attorney of

2-35  any county may bring an action in the name of the State of Nevada

2-36  seeking:

2-37    (a) The suspension of the person’s privilege to conduct business within

2-38  this state; or

2-39    (b) If the defendant is a corporation, dissolution of the corporation.

2-40  The court may grant or deny the relief sought or may order other

2-41  appropriate relief.

2-42    Sec. 4.  The provisions of this act do not apply to offenses committed

2-43  before July 1, 2001.

2-44    Sec. 5.  This act becomes effective on July 1, 2001.

 

2-45  H