Nev. Rev. Stat. § 598.0918

“Deceptive trade practice” defined

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NRS 598.0918  “Deceptive trade practice” defined.  A person engages in a “deceptive trade practice” if, during a solicitation by telephone or text message or during a sales presentation, he or she:

      1.  Uses threatening, intimidating, profane or obscene language;

      2.  Repeatedly or continuously conducts the solicitation or presentation in a manner that is considered by a reasonable person to be annoying, abusive or harassing;

      3.  Solicits a person by telephone at his or her residence between 8 p.m. and 9 a.m.;

      4.  Blocks or otherwise intentionally circumvents any service used to identify the caller when placing an unsolicited telephone call;

      5.  Places an unsolicited telephone call that does not allow a service to identify the caller by the telephone number or name of the business, unless such identification is not technically feasible; or

      6.  Defrauds a person of any valuable thing, wrongfully obtains from a person any valuable thing or otherwise causes harm to a person by knowingly causing, directly or indirectly, any service used in connection with a voice service or text messaging service to identify the caller or sender of the text message to display inaccurate or misleading information.

      (Added to NRS by 2001, 659; A 2003, 2875; 2021, 1345)

     

Notes of Decisions
Cited in 6 cases (5 in the last 5 years), 2019–2024 · leading case: Whittum v. Acceptance Now
Whittum v. Acceptance Now (2019) nvd · cites it 18× “9 Defendant asserts that Plaintiff has failed to plead facts sufficient to state a claim under the 10 NDTPA because the scope of the alleged conduct described in the complaint is not covered by the 11 Act. ECF No. 19 at 7. Specifically, Defendant asserts that Acceptance Now did…”
Edwards v. Juan Martinez, Inc. (2021) nvd · cites it 11× “The parties do not identify, nor can I find, any controlling precedent 6 addressing what conduct constitutes sufficiently annoying, harassing, or abusive solicitation 7 under Nevada law to raise a triable issue of fact under this statute.”
Edwards v. Signify Health, Inc. (2023) nvd · cites it 4× “” NRS § 598.0918(2). However, for the reasons described supra subsection a, Edwards 11 fails to plausibly claim that defendants were engaged in a “solicitation” by telephone.”
Coffee v. Wyndham Vacation Resorts, Inc. (2021) nvd · cites it 2× “10 For example, their claim under NRS § 598.0918(2) requires them to show only that the 11 defendants engaged in annoying, abusive, or harassing conduct in selling the timeshare.”
Austin v. Allied Collection Services, Inc. (2023) nvd · cites it 2× “]” For example, NRS § 598.0918 relates to abusive, harassing, or annoying phone calls, 20 which does not necessarily sound in fraud.”
EverySpace Construction, LLC v. Encor Solar, LLC (2024) nvd “0923, or that Angi 3 fraudulently solicited information over telephone or text message in violation of NRS 4 § 598.0918. Therefore, I dismiss these portions of the claim as to Angi.”
— Nev. Rev. Stat. § 598.0918(1) — 1 case
Whittum v. Acceptance Now (2019) nvd “9 Defendant asserts that Plaintiff has failed to plead facts sufficient to state a claim under the 10 NDTPA because the scope of the alleged conduct described in the complaint is not covered by the 11 Act. ECF No. 19 at 7. Specifically, Defendant asserts that Acceptance Now did…”
— Nev. Rev. Stat. § 598.0918(2) — 3 cases
Edwards v. Signify Health, Inc. (2023) nvd “” NRS § 598.0918(2). However, for the reasons described supra subsection a, Edwards 11 fails to plausibly claim that defendants were engaged in a “solicitation” by telephone.”
Edwards v. Juan Martinez, Inc. (2021) nvd “The parties do not identify, nor can I find, any controlling precedent 6 addressing what conduct constitutes sufficiently annoying, harassing, or abusive solicitation 7 under Nevada law to raise a triable issue of fact under this statute.”
Coffee v. Wyndham Vacation Resorts, Inc. (2021) nvd “10 For example, their claim under NRS § 598.0918(2) requires them to show only that the 11 defendants engaged in annoying, abusive, or harassing conduct in selling the timeshare.”
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