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 relief, including, without limitation, the recovery of a civil penalty, disgorgement, restitution or the recovery of damages 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 3 of this bill provides that such relief includes any available remedy relating to certain activities that constitute deceptive trade practices. Section 3 also clarifies that such an action may be brought by the Attorney General on behalf of: (1) the State or its agencies, political subdivisions, districts or municipal corporations; or (2) the people of the State. Existing law authorizes the Director of the Department of Business and Industry to impose certain penalties, including an administrative fine, upon a person who has engaged in a deceptive trade practice after a hearing that is initiated by the Commissioner of Consumer Affairs or Attorney General serving an order upon such person. (NRS 598.0971) Section 4 of this bill: (1) increases the administrative fine from $1,000 or treble the amount of restitution ordered, whichever is greater, to not more than $15,000 for each violation or treble the amount of restitution ordered, whichever is greater; and (2) revises the authorized methods of service of the order imposing certain civil penalties. Existing law creates the Consumer Protection Legal Account in the Office of the Attorney General and provides that the money remains in the Legal Account at the end of the fiscal year and does not revert to the State General Fund. (NRS 228.333) Existing law: (1) creates the Bureau of Consumer Protection within the Office of the Attorney General; and (2) provides that the executive head of the Bureau of Consumer Protection is the Consumer's Advocate, who may generally exercise the power of the Attorney General in areas of consumer protection and enforcement. (NRS 228.310, 228.380) Existing law also creates the Consumer Protection Administrative Account in the Bureau of Consumer Protection and: (1) requires the deposit of certain money from settlements and litigation into the Administrative Account; and (2) provides that any balance in excess of $500,000 in the Administrative Account on June 30 and December 31 of each year, and at any other time in the discretion of the Consumer's Advocate, reverts to the Legal Account. (NRS 228.332) Existing law requires the Attorney General to allocate, in certain percentages, the money in the Legal Account to: (1) the Office of the Attorney General or the Consumer's Advocate to be used for consumer protection and efforts to prevent fraud, including, without limitation, education, investigation, enforcement and litigation; and (2) certain legal aid organizations to be used for consumer protection and efforts to prevent fraud. (NRS 228.334) Section 11 of this bill provides that the percentage of money allocated from the Legal Account to the Office of the Attorney General or the Consumer's Advocate may be used to pay for: (1) necessary staff employed for the Consumer's Advocate to carry out consumer protection and efforts to prevent fraud; (2) necessary staff for the Office of the Attorney General to carry out consumer protection and efforts to prevent fraud; and (3) any other additional purpose relating to consumer protection and efforts to prevent fraud. Section 11 also eliminates the limitation that the money in the Legal Account must exceed 120 days of operating costs for certain staff before the Office of the Attorney General or Consumer's Advocate may use money in the Legal Account for additional purposes relating to consumer protection and efforts to prevent fraud. Existing law authorizes the Consumer's Advocate to have access to all records in the possession of any agency, board or commission of this State that he or she determines are necessary to exercise his or her powers relating to consumer protection. (NRS 228.380) Section 12 of this bill clarifies that the Consumer's Advocate does not have possession of such records until he or she receives the record from the agency, board or commission. Sections 12 and 12.5 of this bill provide that if a record that is received by the Consumer's Advocate is confidential and not a public record when in the custody or control of the agency, board or commission, the record is confidential and not a public record when in the custody or control of the Consumer's Advocate.

Statutes affected:
As Introduced: 598.0903, 598.0963, 598.0971, 598.0973, 598.09735, 598.0979, 598.0999, 598A.220, 11.245, 228.334, 228.380
Reprint 1: 598.0963, 598.0971, 228.334, 228.380, 239.010
Reprint 2: 598.0963, 598.0971, 228.334, 228.380, 239.010
As Enrolled: 598.0963, 598.0971, 228.334, 228.380, 239.010
BDR: 598.0903, 598.0963, 598.0971, 598.0973, 598.09735, 598.0979, 598.0999, 598A.220, 11.245, 228.334, 228.380