Misrepresentation, Oppressive or Unconscionable Acts
Unfair practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practicesUnfair practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practices by business, often against consumers and are prohibited by law in many countries. For instance, in the European Union, each member state must regulate unfair business practices in accordance with the Unfair Commercial Practices Directive, subject to transitional periods. Unfair business practices may arise in many areas, including:
Matters involving the purchase of products and services by consumers
Matters involving insurance claims and the settlement thereof
Debt collection in cases of default
In addition to providing for the award of compensatory damages, laws may also provide for the award of punitive damages as well as the payment of the plaintiff's legal fees.
Punitive damagesMost often, laws prohibiting unfair business practices require consumers to send demand letter to the business prior to commencing with a law suit. If the business fails to make a reasonable offer of settlement within a specified period of time, and is subsequently found liable in court, it may be liable for punitive damages and the injured parties reasonable attorney's fees under many statutes. In some instances, the statutes provide for prevailing plaintiffs to recover double or triple the actual damages against non-settling defendants.
When statutes prohibiting unfair and deceptive business practices provide for the award of punitive damages and attorneys fees to injured parties, they provide a powerful incentive for businesses to resolve the claim through the settlement process rather than risk a more costly judgment in court
The Nevada Consumer Affairs Division regulates deceptive trade practicesThe Nevada Consumer Affairs Division regulates deceptive trade practices in the marketplace through investigations and protects consumers by registering and bonding of buying clubs, charitable solicitors, credit repair organizations, dance and martial arts studios, health clubs, magazine sales, recovery rooms, sports betting information services, telemarketers, travel agents, tour brokers\operators and weight loss clinics as well as through a proactive public education program. Statutory Authority: NRS 598, 599B, 598C and 597.
Laws enacted by the government to protect consumersWhat is Consumer Rights Law? This legal area encompasses a large body of laws enacted by the government to protect consumers by regulating many of the following business transactions and practices: advertising, sales and business practices; product branding; mail fraud; sound banking and truth in lending; quality produce and meats; housing material and other product standards; and all manner of other types of consumer transactions. Some states also regulate door-to-door sales, abusive collection practices and referral and promotional sales.
A person engages in a "deceptive trade practiceA person engages in a "deceptive trade practice" if, in the course of his or her business or occupation, he or she:
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.
A person engages in a "deceptive trade practice" if, in the course of his or her business or occupation, he or she: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.
NRS 598.0973 Civil penalty for engaging in deceptive trade practice directed toward elderly person or person with disability1. Except as otherwise provided in NRS 598.0974, in any action brought pursuant to NRS 598.0979 to 598.099, inclusive,
2. In determining whether to impose a civil penalty pursuant to subsection 1, the court shall consider whether:
(a) The conduct of the person was in disregard of the rights of the elderly person or person with a disability;
(b) The person knew or should have known that his or her conduct was directed toward an elderly person or a person with a disability;
(c) The elderly person or person with a disability was more vulnerable to the conduct of the person because of the age, health, infirmity, impaired understanding, restricted mobility or disability of the elderly person or
Civil action by elderly person or person with disability against person who engaged in deceptive trade practiceNRS 598.0933 "Elderly person" defined. "Elderly person" means a person who is 60 years of age or older
NRS 598.0977 Civil action by elderly person or person with disability against person who engaged in deceptive trade practice; remedies. If an elderly person or a person with a disability suffers damage or injury as a result of a deceptive trade practice, he or she or his or her legal representative, if any, may commence a civil action against any person who engaged in the practice to recover the actual damages suffered by the elderly person or person with a disability, punitive damages, if appropriate, and reasonable attorney's fees. The collection of any restitution awarded pursuant to this section has a priority over the collection of any civil penalty imposed pursuant to NRS 598.0973.
Deceptive or misleadingRules relating to deceptive trade practices are dealt under Nevada Revised Statutes, Title 52, Chapter 598 et seq
(Deceptive Trade Practices). Section 598.0915 of this Chapter prohibits any person from advertising goods or
services with the intent not to sell or lease them as advertised. Under Title 15, Chapter 207 (Miscellaneous
Crimes Deceptive Advertising), Section 207.171, it is unlawful for any person to advertise a device by any
means so as to induce any person to buy, sell, lease, dispose of, utilize to create any interest in that thing. Such
acts are deceptive or misleading. Pursuant to Section 598.0963 of Chapter 598, an Attorney General, upon
request by the Commissioner, can brin
Consumer fraud, which includes acts under deceptive trade practicesA natural person, firm, or any
officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive
trade practice is guilty of a misdemeanor for the first offence; is guilty of a gross misdemeanor for the second
offence; and guilty of a category D felony for the third and all subsequent offences.As set forth under Section 41.600 of Nevada Revised Statutes, an action can be brought by any victim of
consumer fraud and can recover damages s/he has sustained, including reasonable attorney fees.
An action may be brought by any person who is a victim of consumer fraud.Nev. Rev. Stat. Ann. ? 41.600
Actions by victims of fraud.
1. An action may be brought by any person who is a victim of consumer fraud.
2. As used in this section, "consumer fraud" means:
(a) An unlawful act as defined in NRS 119.330;
(b) An unlawful act as defined by NRS 205.2747;
(c) An act prohibited by NRS 482.36655 to 482.36667, inclusive;
(d) An act prohibited by NRS 482.351; or
(e) A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive.
3. If the claimant is the prevailing party, the court shall award him:
(a) Any damages that he has sustained; and
(b) His costs in the action and reasonable attorney's fees.
4. Any action brought pursuant to this section is not an action upon any contract underlying the original
Additional resources provided by the author
- Howard Roitman on Justia
- Website Howard Roitman
- Howard Roitman @ Cornell Law
- Arbitration awards with glaring errors are not appealable
- Intentional Misrepresentation - Fraud by Omission
- Unjust enrichment
- Intentional Infliction of Emotional Distress in Nevada
- Defamation Slander/liable
- Appearing in Nevada Courts by Special Procedure to Practice in Nevada