Nevada Deceptive Trade Practices Act: Lawsuits and Penalties

The Nevada Deceptive Trade Practices Act, set out in NRS Chapter 598, prohibits a broad range of dishonest business conduct and gives you two ways to respond: sue the business yourself under NRS 41.600 to recover your losses plus attorney fees, or file a complaint with the Nevada Attorney General, who can pursue civil penalties up to $15,000 per willful violation and, in larger cases, criminal charges.

What the Act Prohibits

The law is written broadly enough to catch new scams while naming specific tactics so businesses know where the lines sit. The prohibited conduct falls into a few recognizable categories.

Misrepresenting Goods or Services

Under NRS 598.0915, a business commits a deceptive trade practice by lying about where goods come from, who sponsors or certifies them, or their condition. Selling used, reconditioned, or deteriorated goods as new or original is a clear example.1Nevada Legislature. Nevada Code 598.0915 – Deceptive Trade Practice Defined

Bait-and-Switch Advertising

NRS 598.0917 targets advertising a product or price the seller never intends to honor. The statute lists seven specific tactics, including refusing to show the advertised item, disparaging it to push something pricier, adding undisclosed conditions before honoring the price, and taking a deposit only to switch the order.2Nevada Legislature. Nevada Code 598.0917 – Deceptive Trade Practice Defined If a salesperson steered you away from what brought you through the door, that is the pattern this section addresses.

Concealed Defects, Unnecessary Repairs, and Telemarketing Fraud

NRS 598.092 reaches everyday commercial fraud. Selling water-damaged goods without disclosure violates it. So does claiming a repair or replacement part is needed when it isn’t. Telemarketers and door-to-door sellers must identify themselves, their company, and the purpose of the call within 30 seconds.3Nevada Legislature. Nevada Code 598.092 – Deceptive Trade Practice Defined

Investment and Prize Schemes

The same statute reaches investment fraud. Representing that an investment is guaranteed or will earn a particular return when that is misleading, omitting material facts, or failing to keep records that let investors track their money all qualify. Advisers who charge fees must disclose whether they also sell products and whether they hold relevant licenses. Telling someone they have won a prize and then requiring a purchase or lease to collect it is separately prohibited.3Nevada Legislature. Nevada Code 598.092 – Deceptive Trade Practice Defined

Unlicensed Operation and Catch-All Conduct

NRS 598.0923 acts as the backstop. It prohibits operating without required state, county, or city licenses; concealing material facts during a sale or lease; using coercion, duress, or intimidation in a transaction; unconscionable business practices; and violating any state or federal statute related to sales or leases.4Nevada Legislature. Nevada Code 598.0923 – Deceptive Trade Practice Defined

These prohibitions apply regardless of how the deception was communicated. A misleading social media ad, a verbal promise, and a printed flyer are treated the same way.

Your Right to Sue

NRS 41.600 gives any victim of consumer fraud, defined to include violations of NRS 598.0915 through 598.0925, the right to file a civil lawsuit against the business responsible.5Nevada Legislature. Nevada Code 41.600 – Actions by Victims of Fraud You do not need to be an individual shopper. A competing business harmed by another business’s deceptive methods has standing too. You must show the defendant engaged in a specific prohibited act and that the deception caused actual harm.

What You Can Recover

A prevailing plaintiff is entitled to three things: any damages sustained, any equitable relief the court considers appropriate (such as an injunction stopping the conduct), and court costs plus reasonable attorney fees.5Nevada Legislature. Nevada Code 41.600 – Actions by Victims of Fraud The fee-shifting provision matters. Many consumer fraud claims involve modest dollar amounts, and without it the cost of a lawyer could exceed the loss.

The Filing Deadline

Nevada imposes a three-year statute of limitations on fraud claims. The clock starts when you discover the fraud, not when the transaction occurred.6Nevada Legislature. NRS Chapter 11 – Limitation of Actions If a contractor installed defective materials while lying about their quality, your three years do not begin until you learn the materials were substandard. Waiting is still risky. Evidence degrades, witnesses forget, and businesses close.

Small Claims or District Court

For losses of $10,000 or less, Nevada’s justice courts handle small claims cases without requiring a lawyer. You can waive any amount above $10,000 and still file in small claims if you would rather avoid the cost and complexity of district court. This route works for straightforward claims with clear losses and strong evidence, such as a contractor who charged for work never performed or a seller who misrepresented a product’s condition.

Claims over $10,000 go to district court. Filing fees for a civil complaint start around $270, though the exact amount varies by county and claim size. If you prevail, the attorney fee provision in NRS 41.600 can offset these costs, but you should budget for upfront expenses.

Filing a Complaint with the Attorney General

You do not need to hire a lawyer to put a deceptive business on the state’s radar. The Nevada Attorney General’s Constituent Services Unit accepts complaints and routes them to the appropriate division.

What to Gather First

A well-documented complaint gets more attention. Before you submit anything, pull together:

  • The company’s legal name, physical address, and contact information for any employees you dealt with.
  • Signed contracts, receipts, bank or credit card statements showing payments, and any written estimates or invoices.
  • Screenshots of online ads, photos of printed flyers, saved emails or text messages, and recordings of phone calls if you have them.
  • A timeline with specific dates of every interaction, including when you first noticed the problem.
  • Copies of any emails or letters showing you tried to resolve the issue directly with the business.

How to Submit

The official complaint form is on the Nevada Attorney General’s website. Only formal complaints submitted through that form are processed; emailing allegations to a general inbox delays review.7Nevada Attorney General. Complaints and Constituent Frequently Asked Questions Completed forms can be mailed or faxed to either office:

  • Carson City: 100 N. Carson St., Carson City, NV 89701 (Fax: 775-684-1108)
  • Las Vegas: 555 E. Washington Ave., Ste 3900, Las Vegas, NV 89101 (Fax: 702-486-3768)

Include a clear narrative explaining what happened and identify which deceptive practice you believe occurred. Fill out every field, even if some details feel redundant.8Nevada Attorney General. Complaint Form

What Happens Next

The Attorney General’s office may contact the business to seek a response. This informal mediation sometimes resolves the dispute without further legal action. If the office identifies a pattern of complaints against the same business, it may open a broader investigation leading to enforcement action, civil penalties, or an injunction. Filing a complaint does not prevent you from also pursuing a private lawsuit under NRS 41.600. The two paths are independent.

Penalties the Business Faces

A business that violates a court order or injunction issued under the Act faces a civil penalty of up to $10,000 per violation, paid to the State General Fund. When the state proves the business willfully engaged in deceptive conduct, the penalty rises to $15,000 per violation.9Nevada Legislature. NRS Chapter 598 – Deceptive Trade Practices Because those amounts are per violation, a scheme affecting many customers can produce enormous total exposure.

Anyone who knowingly and willfully engages in a deceptive trade practice also faces criminal charges. Nevada ties the severity to the dollar loss:

  • Loss under $1,200: misdemeanor.
  • $1,200 to under $5,000: category D felony.
  • $5,000 to under $25,000: category C felony.
  • $25,000 to under $100,000: category B felony, one to ten years in prison and a fine of up to $10,000.
  • $100,000 or more: category B felony, one to twenty years in prison and a fine of up to $15,000.

A single large-dollar scheme can produce a felony conviction. A scam involving $5,000 in losses is already a category C felony, regardless of prior offenses.9Nevada Legislature. NRS Chapter 598 – Deceptive Trade Practices

When a deceptive trade practice targets an elderly person or a person with a disability, the court may impose an additional civil penalty of up to $12,500 per violation on top of any other civil or criminal penalties.10Nevada Legislature. Nevada Code 598.0973 – Civil Penalty for Engaging in Deceptive Trade Practice

Federal Protections That May Also Apply

Nevada’s law does not operate alone. The Federal Trade Commission enforces a blanket prohibition on unfair or deceptive acts in commerce under 15 U.S.C. ยง 45.11Office of the Law Revision Counsel. 15 US Code 45 – Unfair Methods of Competition Unlawful; Prevention by Commission The FTC does not handle individual lawsuits, but reports feed a database it uses to pick enforcement targets, which matters when a deceptive business operates across state lines.

The FTC’s Cooling-Off Rule gives you a three-day right to cancel certain purchases made outside a seller’s normal place of business, such as at your home, a hotel conference room, or a trade show. The threshold is $25 for sales at your home and $130 for other locations. The seller must provide a written cancellation notice at the time of sale; if they do not, the cancellation period may not begin running at all.12eCFR. Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations

For telemarketing fraud, the FTC’s Telemarketing Sales Rule requires callers to disclose total costs, refund policies, and material conditions before you agree to pay. Misrepresenting an affiliation with a government agency or making false claims about a product’s performance are independently actionable under federal law.13eCFR. 16 CFR 310.3 – Deceptive Telemarketing Acts or Practices

These federal rules supplement your Nevada claims rather than replace them. A single transaction can violate both, giving you more than one avenue for relief.