Nevada Revised Statutes

Nev. Rev. Stat. § 598.0925 (2026)

“Deceptive trade practice” defined

✓ current as of July 2026
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NRS 598.0925  “Deceptive trade practice” defined.

      1.  Except as otherwise provided in this section, a person engages in a “deceptive trade practice” when, in the course of his or her business or occupation, he or she:

      (a) Makes an assertion of scientific, clinical or quantifiable fact in an advertisement which would cause a reasonable person to believe that the assertion is true, unless, at the time the assertion is made, the person making it has possession of factually objective scientific, clinical or quantifiable evidence which substantiates the assertion; or

      (b) Fails upon request of the Commissioner or Attorney General to produce within 6 working days the substantiating evidence in his or her possession at the time the assertion of scientific, clinical or quantifiable fact was made.

      2.  This section does not apply to general assertions of opinion as to quality, value or condition made without the intent to mislead another person.

      (Added to NRS by 1989, 649; A 1997, 3195; 2009, 2712; 2011, 2652; 2013, 1054; 2015, 3653)

     

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 2009–2025 · leading case: Sobel v. Hertz Corp., 698 F. Supp. 2d 1218 (D. Nev. 2010).
Sobel v. Hertz Corp., 698 F. Supp. 2d 1218 (D. Nev. 2010). “0915 to NRS 598.0925....” To establish a violation of the DPTA, the plaintiff must demonstrate that (1) an act of consumer fraud by the defendant (2) caused (3) damages to the plaintiff.”
In Re WellNx Mktg. & Sales Practices Litig., 673 F. Supp. 2d 43 (D. Mass. 2009). “See Nev.Rev.Stat. § 598.0925 (“[A] person engages in a ‘deceptive trade practice’ when, in the course of his business or occupation, he makes an assertion of scientific, clinical or quantifiable fact in an advertisement which would cause a reasonable person to believe that the…”
Nolan v. Lab'y Corp. of Am. Holdings (M.D.N.C. 2023). “0915 to NRS 598.0925, inclusive.” Nev. Rev. Stat.”
The Bank Of New York Mellon v. Nevada Ass'n Servs., Inc. (D. Nev. 2020). “0915 to 6 § 598.0925. Section 598.092(8) makes it a deceptive trade practice to “[k]nowingly 7 misrepresent[] the legal rights, obligations or remedies of a party to a transaction.”
Sears v. Russell Road Food & Beverage, LLC (D. Nev. 2020). “0915 to § 598.0925. Section 41.600 11 permits “any person who is a victim of consumer fraud” to bring suit.”
ImageKeeper LLC v. Wright Nat'l Flood Ins. Servs. LLC (D. Nev. 2021). “0915 to NRS 598.0925 . . . .” See NRS § 41.600. “Consumer 25 fraud encompasses deceptive practices, such as ‘[k]nowingly mak[ing a] .”
Austin v. Allied Collection Servs., Inc. (D. Nev. 2023). “0915 through 21 § 598.0925 discusses consumer fraud. 22 Here, a review of Austin’s NDTPA claim does not appear to sound in fraud.”
Spicer v. US Bank (D. Nev. 2025). “0915 to § 598.0925. NRS § 41.600(1), (2)(e). 21 Because Spicer’s consumer fraud claims are based entirely on allegations that U.”
Zandian v. Margolin C/W 65205 (Nev. 2015). “0915 to NRS 598.0925 and mandates the award of attorney fees and costs to the claimant if they are the prevailing party.”
Zandian v. Margolin C/W 65205 (Nev. 2015). “0915 to NRS 598.0925 and mandates the award of attorney fees and costs to the claimant if they are the prevailing party.”
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