Existing law defines activities that constitute deceptive trade practices and provides for the imposition of civil and criminal penalties against persons who engage in deceptive trade practices. (Chapter 598 of NRS) Existing law authorizes the Attorney General to obtain a temporary restraining order, a preliminary or permanent injunction or other appropriate relief by bringing an action in the name of the State against a person the Attorney General has reason to believe has engaged or is engaging in a deceptive trade practice. (NRS 598.0963) Section 1 of this bill clarifies that such other appropriate relief which the Attorney General may obtain includes, without limitation, the recovery of a civil penalty, disgorgement, restitution or the recovery of damages as parens patriae. Existing law authorizes a court or the Director of the Department of Business and Industry or his or her designee, in certain actions and proceedings relating to the enforcement of the provisions prohibiting deceptive trade practices, to impose an additional maximum civil penalty of $12,500 for each violation if the court or the Director or his or her designee finds that a person has engaged in a deceptive trade practice directed toward an elderly person, a person with a disability or a minor person. (NRS 598.0973, 598.09735) Sections 1.5 and 1.7 of this bill increase the additional maximum civil penalty to $15,000 if the deceptive trade practice was directed toward a person with a disability and $25,000 if directed toward an elderly person or a minor person. Existing law authorizes the Commissioner of Consumer Affairs, the Director of the Department of Business and Industry, the district attorney of any county in this State or the Attorney General to recover a civil penalty not to exceed $5,000 if the court finds that a person has willfully engaged in a deceptive trade practice. (NRS 598.0999) Section 2 of this bill increases the maximum civil penalty for such a willful violation to $15,000. Existing law requires an indictment for the offense of engaging in certain trade practices punishable as a felony to be found, or an information or complaint to be filed, within 4 years after the commission of the offense. (NRS 171.085) Section 3 of this bill imposes that requirement for all offenses involving the commission of any deceptive trade practice that is punishable as a felony. Section 4 of this bill clarifies that the amendatory provisions of section 3 apply to an offense committed: (1) before July 1, 2023, if the applicable statute of limitations has commenced but has not yet expired; and (2) on or after July 1, 2023.

Statutes affected:
As Introduced: 598.0973, 598.0999, 171.085
Reprint 1: 598.0963, 598.0973, 598.0999, 171.085
Reprint 2: 598.0963, 598.0973, 598.09735, 598.0999, 171.085
As Enrolled: 598.0963, 598.0973, 598.09735, 598.0999, 171.085
BDR: 598.0973, 598.0999, 171.085