AB 373 — Revises provisions relating to deceptive trade practices. (BDR 52-773)

(ReprintedAssembly withBill amendmentsNo. adopted on April 20, 2023) FIRST REPRINT A.B.

373373–Assemblymen AGorelow, SSEMBLYNguyen; B ILLN O.

373–ASSEMBLYMENAnderson Gand ORELOWTaylor ,CHAPTER.......... NGUYEN ;

ANDERSON AND TAYLOR M ARCH 22, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to deceptive trade practices.

(BDR 52-773) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law defines activities that constitute deceptive trade practices and provides for the imposition of civil and criminal penalties against persons whodwho engage in deceptive trade practices.

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 tradethe practiceDirector directedor towardhis anor elderlyher persondesignee orfinds that a person withhas engaged in a disability.deceptive minor person.

(NRS 598.0973)598.0973, Section598.09735) Sections 1.5 and 1.7 of this billbillity increasesor a increase the additional maximum civil penalty to $25,000$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.

- *AB373_R1* – 2 – 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 598.0999)court Sectionfinds 2that ofa thisperson billhas increaseswillfully theengaged maximumin civila penaltydeceptive fortrade suchpractice. a(NRS willful violation to $15,000.

(NRS willful violation to $15,000.ill increases the maximum civil penalty for such a 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.

- 82nd Session (2023) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

The Attorney General is not required to obtain leave of the court before institutingins3.tutIf criminalthe proceedingsAttorney pursuantGeneral has reason to thisbelieve subsection.that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief [.] , including, without limitation, the recovery of a civil penalty, disgorgement, restitution or the recovery of damages:

3.

If the Attorney General has reason to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief [.] , including, without limitation, the recovery of a civil penalty, disgorgement, restitution or the recovery of damages:

- *AB373_R1* – 3 – 4.

The subpoena must be served upon the person in the manner required for service of process in this State or by certified mail with return receipt requested.

An employee of the Attorney General may return personally serve the subpoena.

Sec.- 82nd Session (2023) – 3 – 598.0973 1.

1.5.Except as otherwise provided in NRS 598.0974,ws:

in any action or proceeding brought pursuant to NRS 598.0973598.0903 isto hereby598.0999, amendedinclusive, 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 or a person with a disability, the court or the Director or his or her designee may, in addition to readany asother follows:civil or criminal penalty, impose a civil penalty of :

598.0973(a) 1.For a deceptive trade practice directed toward a person with a disability, not more than [$12,500] $15,000 for each violation.

Except as otherwise provided in NRS 598.0974, in any action or proceeding brought pursuant to NRS 598.0903 to 598.0999, inclusive, 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 or a person with a disability, the court or the Director or his or her designee may, in addition to any other civil or criminal penalty, impose a civil penalty of :

(a) For a deceptive trade practice directed toward a person with a disability, not more than $12,500 for each violation.

(a)the Theelderly conductperson ofor the person waswith ina disregarddisability;rd of the rights of the(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;

(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;

(2) The loss of the primary residence of the elderly person or person (3) The loss of the principal employment or source of income of the elderly person or person with a disability;

(3)(4) The loss of themoney principalreceived employmentfrom ora sourcepension, ofretirement incomeplan of the elderly person or persongovernmental withprogram; a disability;

- *AB373_R1* – 4 – (4) The loss of money received from a pension, retirement plan or governmental program;

or - 82nd Session (2023) – 4 – (7) Any other interference with the economic well-being of the elderly person or person with a disability, including the encumbrance of his or her primary residence or principal source of income;

or (f) Any other factors that the court or the Director or his or her designee deems to be appropriate.

court or the Director or his or her Sec.

1.7.