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The elements for the claim of Violation of the Nevada Deceptive Trade Practices Act are:

  1. Defendants, and each of them, have engaged in deceptive trade practices, violating Nevada Revised Statutes Chapter 598;
  2. Each Defendant has, in the course of [ITS/HIS/HER] business or occupation, disparaged the goods, services or business of Plaintiff by publishing false or misleading representations of fact to third parties, in violation of NRS 598.0915(8);
  3. The statements are ones which tend to injure Plaintiff in [ITS/HIS/HER] trade or business or are aimed at Plaintiff’s services;
  4. Defendants either knew the statements were false and that they defamed Plaintiff, acted in reckless disregard of these matters, or acted negligently in failing to ascertain them;

[ALTERNATIVE, EACH PARAGRAPH OF NRS 598.0915 PROVIDES AN ACT THAT CONSTITUTES A DECEPTIVE TRADE PRACTICE;  EACH IS ACTIONABLE;  1. Knowingly passes off goods or services for sale or lease as those of another person;  2.  Knowingly makes a false representation as to the source, sponsorship, approval or certification of goods or services for sale or lease; 3.  Knowingly makes a false representation as to affiliation, connection, association with or certification by another person; 4.  Uses deceptive representations or designations of geographic origin in connection with goods or services for sale or lease; 5. Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits alterations or quantities of goods or services for sale or lease or a false representation as to the sponsorship, approval, status, affiliation or connection of a person therewith; 6. Represents that goods for sale or lease are original or new if he or she knows or should know that they are deteriorated, altered, reconditioned, reclaimed, used or secondhand; 7. Represents that goods or services for sale or lease are of a particular standard, quality or grade, or that such goods are of a particular style or model, if he or she knows or should know that they are of another standard, quality, grade, style or model; 8. Disparages the goods, services or business of another person by false or misleading representation of fact; 9. Advertises goods or services with intent not to sell or lease them as advertised; 10. Advertises goods or services for sale or lease with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity; 11. Advertises goods or services as being available free of charge with intent to require payment of undisclosed costs as a condition of receiving the goods or services; 12. Advertises under the guise of obtaining sales personnel when the purpose is to first sell or lease goods or services to the sales personnel applicant; 13. Makes false or misleading statements of fact concerning the price of goods or services for sale or lease, or the reasons for, existence of or amounts of price reductions; 14. Fraudulently alters any contract, written estimate of repair, written statement of charges or other document in connection with the sale or lease of goods or services; 15. Knowingly makes any other false representation in a transaction; 16. Knowingly falsifies an application for credit relating to a retail installment transaction, as defined in NRS 97.115]

  1. Pursuant to NRS 41.600(e), Plaintiff is entitled to pursue this action against Defendants, and each of them, for deceptive trade practices. The statute entitles Plaintiff to damages, equitable relief, and [ITS/HIS/HER] costs and attorney fees;
  2. Plaintiff has been required to retain the services of an attorney to pursue the foregoing claims for relief, and has been further damaged thereby, and therefore is entitled to recover [ITS/HIS/HER] costs and attorney fees pursuant to NRS 41.600(3)(c); and
  3. Plaintiff has suffered damages.

 

The Nevada Deceptive Trade Practices Act[i] is a comprehensive consumer protection act, many portions of which apply to all businesses and occupations. If a person makes false or misleading representations or uses deceptive practices in the course of his or her business or occupation, that person may be subject to restraining orders, fines, and criminal penalties.[ii] This Act makes pyramid schemes, [iii] false or misleading solicitation of charitable contributions, [iv] and certain acts with respect to contests, [v] door-to-door sales, [vi] and credit service organizations[vii] “deceptive trade practices” and subjects the person performing any such acts to the penalties listed above. In addition, a victim of deceptive trade practices under this Act can bring an action against the wrongdoer for damages, costs, and reasonable attorney’s fees.[viii]

[i] NRS Chapter 598.

[ii] NRS 598.0979(1), 598.0999.

[iii] NRS 598.110.

[iv] NRS 598.1305.

[v] NRS 598.136 – 598.138.

[vi] NRS 598.140 – 598.2801.

[vii] NRS 598.741 – 598.782.

[viii] NRS 41.600.

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Guest bloggers are responsible for their own content, which is not to be construed as an article authored by Jay Young. Please see http://nevadalaw.info/disclaimer

 

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