Nev. Rev. Stat. § 598.092

“Deceptive trade practice” defined

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NRS 598.092 “Deceptive trade practice” defined. A person engages in a “deceptive trade practice” when in the course of his or her business or occupation he or she:

1. Knowingly fails to identify goods for sale or lease as being damaged by water.

2. Solicits by telephone or door to door as a lessor or seller, unless the lessor or seller identifies himself or herself, whom he or she represents and the purpose of his or her call within 30 seconds after beginning the conversation.

3. Knowingly states that services, replacement parts or repairs are needed when no such services, replacement parts or repairs are actually needed.

4. Fails to make delivery of goods or services for sale or lease within a reasonable time or to make a refund for the goods or services, if he or she allows refunds.

5. Advertises or offers an opportunity for investment and:

(a) Represents that the investment is guaranteed, secured or protected in a manner which he or she knows or has reason to know is false or misleading;

(b) Represents that the investment will earn a rate of return which he or she knows or has reason to know is false or misleading;

(c) Makes any untrue statement of a material fact or omits to state a material fact which is necessary to make another statement, considering the circumstances under which it is made, not misleading;

(d) Fails to maintain adequate records so that an investor may determine how his or her money is invested;

(e) Fails to provide information to an investor after a reasonable request for information concerning his or her investment;

(f) Fails to comply with any law or regulation for the marketing of securities or other investments; or

(g) Represents that he or she is licensed by an agency of the State to sell or offer for sale investments or services for investments if he or she is not so licensed.

6. Charges a fee for advice with respect to investment of money and fails to disclose:

(a) That he or she is selling or offering to lease goods or services and, if he or she is, their identity; or

(b) That he or she is licensed by an agency of any state or of the United States to sell or to offer for sale investments or services for investments or holds any other license related to the service he or she is providing.

7. Notifies any person, by any means, as a part of an advertising plan or scheme, that he or she has won a prize and that as a condition of receiving the prize he or she must purchase or lease goods or services.

8. Knowingly misrepresents the legal rights, obligations or remedies of a party to a transaction.

9. Fails, in a consumer transaction that is rescinded, cancelled or otherwise terminated in accordance with the terms of an agreement, advertisement, representation or provision of law, to promptly restore to a person entitled to it a deposit, down payment or other payment or, in the case of property traded in but not available, the agreed value of the property or fails to cancel within a specified time or an otherwise reasonable time an acquired security interest. This subsection does not apply to a person who is holding a deposit, down payment or other payment on behalf of another if all parties to the transaction have not agreed to the release of the deposit, down payment or other payment.

10. Repossesses a vehicle from a debtor pursuant to NRS 104.9609 before default by the debtor as defined in the form for the contract for the sale of the vehicle prescribed by the Commissioner of Financial Institutions pursuant to NRS 97.299.

11. Commits an act against a consumer who entered into a contract for the sale of a vehicle with the person which entitles the consumer to any remedy available pursuant to NRS 104.9625.

12. Fails to inform customers, if he or she does not allow refunds or exchanges, that he or she does not allow refunds or exchanges by:

(a) Printing a statement on the face of the lease or sales receipt;

(b) Printing a statement on the face of the price tag; or

Ê specifying that no refunds or exchanges are allowed.

13. Knowingly and willfully violates NRS 597.7118 or 597.7125.

14. Knowingly takes advantage of another person’s inability reasonably to protect his or her own rights or interests in a consumer transaction when such an inability is due to illiteracy, or to a mental or physical infirmity or another similar condition which manifests itself as an incapability to understand the language or terms of any agreement.

15. Charges a fee to a person to change or update any record, including, without limitation, billing or credit information, which relates to the person requesting the change or update, including, without limitation, in circumstances in which that person chooses to communicate regarding the change or update by speaking to a natural person by telephone in lieu of using an automated or computerized telephone system.

(Added to NRS by 1985, 2256; A 1987, 87; 1993, 1959; 1999, 3281; 2005, 1426; 2009, 2443; 2011, 266; 2017, 803, 1531)

Notes of Decisions

Cited in 17 cases (8 in the last 5 years), 2019–2025 · leading case: Spicer v. US Bank

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Spicer v. US Bank (2025) nvd · cites it 23× “17 Spicer alleges in his deceptive trade practices claim that Copart violated NRS § 598.092 18 by failing to give him notice about his ability to obtain his car.”

Watkins v. Rapid Financial Solutions, Inc. (2024) nvd · cites it 14× “” NRS § 598.092(14). 9 Factual questions remain, however, as to whether Defendants were aware that 10 NDOC engaged in this practice of prohibiting inmates from reviewing the Release Card 11 Agreement.”

Maddox v. Adler (2024) nvd · cites it 6× “12 Nev. Rev. Stat. § 598.092 (4). Section 1(b) makes it a deceptive trade practice to fail to disclose a 13 material fact in connection with a sale of goods.”

Manley v. MGM Resorts International (2023) nvd · cites it 4× “19 Under the NDTPA, a person engages in a “deceptive trade practice” if, as Manley 20 alleges here, he or she “[k]nowingly takes advantage of another person’s inability 21 reasonably to protect his or her own rights or interests in a consumer transaction when 22 such an…”

Mitchell v. Auto Mart LLC (2024) nvd · cites it 4× “So Mitchell’s deceptive-trade- 21 practices claim under NRS § 598.092 also fails. 22 23 67 Id. at 8–10.”

Diep v. Liberty Media Corporation (2025) nvd · cites it 4× “§ 598.092(4). 17 Liberty Media argues that the F1 tickets Plaintiffs bought cannot be considered a good 18 or a service therefore making the NDTPA inapplicable here.”

The Bank Of New York Mellon v. Nevada Association Services, Inc. (2020) nvd · cites it 3× “Nor did they violate Nev. Rev. Stat. §§ 598.092 (8) or 598.0915(15) by refusing to 2 include in the notices the amount of the superpriority portion of the lien.”

Noonan v. Bayview Loan Serv., LLC C/W 74525 (2019) nev · cites it 2× “Additionally, this case does not involve an advertisement or offer for an opportunity to invest or the sale or lease of goods or services, negating the application of NRS 598.092(5)(c) (investing) and NRS 598.”

Gantchev v. California Auto Finance, LP (2019) nvd · cites it 2× “600 and NRS 598.092; (5) Fraudulent 25 Misrepresentation; and (6) Unjust Enrichment.”

Show all 17 citing cases →

— Nev. Rev. Stat. § 598.092(10) — 1 case

Spicer v. US Bank (2025) nvd “17 Spicer alleges in his deceptive trade practices claim that Copart violated NRS § 598.092 18 by failing to give him notice about his ability to obtain his car.”

— Nev. Rev. Stat. § 598.092(14) — 2 cases

Watkins v. Rapid Financial Solutions, Inc. (2024) nvd “” NRS § 598.092(14). 9 Factual questions remain, however, as to whether Defendants were aware that 10 NDOC engaged in this practice of prohibiting inmates from reviewing the Release Card 11 Agreement.”

Manley v. MGM Resorts International (2023) nvd “19 Under the NDTPA, a person engages in a “deceptive trade practice” if, as Manley 20 alleges here, he or she “[k]nowingly takes advantage of another person’s inability 21 reasonably to protect his or her own rights or interests in a consumer transaction when 22 such an…”

— Nev. Rev. Stat. § 598.092(4) — 3 cases

Diep v. Liberty Media Corporation (2025) nvd “§ 598.092(4). 17 Liberty Media argues that the F1 tickets Plaintiffs bought cannot be considered a good 18 or a service therefore making the NDTPA inapplicable here.”

Mitchell v. Auto Mart LLC (2024) nvd “So Mitchell’s deceptive-trade- 21 practices claim under NRS § 598.092 also fails. 22 23 67 Id. at 8–10.”

Maddox v. Adler (2024) nvd “12 Nev. Rev. Stat. § 598.092 (4). Section 1(b) makes it a deceptive trade practice to fail to disclose a 13 material fact in connection with a sale of goods.”

— Nev. Rev. Stat. § 598.092(5)(c) — 4 cases

Noonan v. Bayview Loan Serv., LLC C/W 74525 (2019) nev “Additionally, this case does not involve an advertisement or offer for an opportunity to invest or the sale or lease of goods or services, negating the application of NRS 598.092(5)(c) (investing) and NRS 598.”

— Nev. Rev. Stat. § 598.092(8) — 13 cases

Spicer v. US Bank (2025) nvd “17 Spicer alleges in his deceptive trade practices claim that Copart violated NRS § 598.092 18 by failing to give him notice about his ability to obtain his car.”

Maddox v. Adler (2024) nvd “12 Nev. Rev. Stat. § 598.092 (4). Section 1(b) makes it a deceptive trade practice to fail to disclose a 13 material fact in connection with a sale of goods.”

Bank Of New York Mellon v. Highland Ranch Homeowners Association (2020) nvd

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