We all know to be wary of a deal that sounds too good to be true. But overstated values and false advertisements are just a couple of the many sales scams known as “deceptive trade practices.†Fortunately for Silver State consumers, there are extensive consumer protection laws designed to shield citizens from shady sales tactics. Here is a quick introduction to deceptive trade practice laws in Nevada.
Deceptive Trade Practices Laws
Like many states, Nevada has adopted the Uniform Deceptive Trade Practices Act, but with some variations in its criminal, civil, and vehicular code. These laws prohibit everything from using a fake trademark to altering a used car’s odometer. Nevada’s deceptive trade practices statutes are listed in the table below.
| Uniform Deceptive Trade Practices Act Adopted | Yes Nevada Statutes 598.0903, et seq.: Deceptive Trade Practices (Revised Uniform Act adopted with significant variations) |
| False Advertising Forbidden | Yes Nevada Statutes 207.170, et seq.: Deceptive Advertising |
| Who May Bring Suit | Attorney General; consumer advocate; consumer if he is victim of deceptive trade practice (NRS 41.600; NRS 598.0963) district attorney (NRS 207.174) |
| Remedies Available | Injunctions; return of money or property; penalties up to $10,000 for each violation possible and willful violation is misdemeanor, second is gross misdemeanor, third is a felony; suspension of right to conduct business or dissolution of corporation possible (§598.0999); criminal and civil penalties (NRS 207.174 and 175); damages, attorney's fees, and costs (NRS 41.600) |
| Auto Odometer Tampering Forbidden | Yes Nevada Statutes 484D.310: Unlawful Change of Mileage; Tamperer is guilty of misdemeanor; person selling a tampered-with vehicle guilty of gross misdemeanor (NRS 484D.335) |
Protecting Yourself Against Deceptive Trade Practices
Nevada’s deceptive trade practices are helpful, but are generally limited to prosecuting deception after it occurs. Therefore, it is up to us consumers to avoid scams before they happen. For the most up-to-date information on local swindles, and or to report a person or a local business engaging in deceptive business practices, contact a state consumer protection office in your area. Along with in-state resources, federal organizations like www.consumeraction.gov, and nationwide nonprofits like the Better Business Bureau at (www.bbb.org) and www.fraud.org can assist you with consumer fraud complaints, from filling out the complaints online to finding the appropriate local, state, and federal agencies with which to file a complaint.
Related Resources for Nevada Deceptive Trade Practices Laws
State deceptive trade statutes can be as hard to understand as the scams they prohibit. You can consult with a Nevada consumer protection attorney in your area if you would like legal assistance regarding a consumer fraud or deceptive trade practices matter. You can also visit FindLaw's section on Consumer Protection for additional articles and information on this topic.
