Nevada Revised Statutes 598.09235 – ‘Deceptive trade practice’ defined
1. A person engages in a ‘deceptive trade practice’ when, during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070 that has been in effect for 75 days or less, the person sells, rents or offers to sell or rent any of the following goods or services in an emergency or disaster area for a price that is grossly in excess of the usual price for that good or service:
Terms Used In Nevada Revised Statutes 598.09235
- Contract: A legal written agreement that becomes binding when signed.
- Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
(a) Consumer goods and services used, bought or rendered primarily for personal, family or household purposes;
(b) Medical supplies and services used for the care, cure, mitigation, treatment or prevention of any illness or disease;
(c) Services related to the repair or reconstruction of property; or
(d) Any other goods or services that are commonly used in responding to the type of emergency or disaster for which the state of emergency or declaration of disaster was proclaimed.
2. Whether a price for a good or service is grossly in excess of the usual price for that good or service for the purposes of subsection 1 is a question of law to be determined by considering all relevant circumstances, including, without limitation, the price of the good or service prevailing in the emergency or disaster area in the 30 days before the state of emergency or declaration of disaster was proclaimed.
3. A price for a good or service is not grossly in excess of the usual price for that good or service for the purposes of subsection 1 if the price is:
(a) Related to an additional or increased cost imposed by a supplier of a good or other costs of providing the good or service, including, without limitation, an additional or increased cost for labor or materials used to provide a service;
(b) For a good or service which is sold, rented or offered to be sold or rented for a price that:
(1) Does not exceed $250, 15 percent or less above the usual price for the good or service;
(2) Exceeds $250 but does not exceed $750, 10 percent or less above the usual price for the good or service; or
(3) Exceeds $750, 5 percent or less above the usual price of the good or service;
(c) Ten percent or less above the sum of the costs to the person and the normal markup for a good or service;
(d) Generally consistent with seasonal fluctuations or fluctuations in applicable commodity, regional, national or international markets; or
(e) A contract price, or the result of a price formula, established before the state of emergency or declaration of disaster was proclaimed.
4. A person who offers to sell or rent a good or service for a price that would otherwise violate subsection 1 does not commit a ‘deceptive trade practice’ if the offer states that the good or service is not offered for sale or rent in the emergency or disaster area.
5. The provisions of this section do not apply to:
(a) A transaction for the sale or rental of a good or service which occurs wholly outside the State; or
(b) A person who does not control the location or price at which a good or service is sold or rented.
6. As used in this section:
(a) ’Emergency or disaster area’ means a particular geographic area that is described in a proclamation of a state of emergency or declaration of disaster by the Governor or Legislature pursuant to NRS 414.070.
(b) ’Usual price’ means:
(1) If a person sold, rented or offered to sell or rent a good or service at a price other than as described in subparagraph (2) in an emergency or disaster area within the 30 days before the state of emergency or declaration of disaster was proclaimed pursuant to NRS 414.070, the price at which the person sold, rented or offered to sell or rent the good or service.
(2) If a person sold, rented or offered to sell or rent a good or service at a reduced price in an emergency or disaster area within the 30 days before the state of emergency or declaration of disaster was proclaimed pursuant to NRS 414.070, the price at which the person usually sells, rents or offers to sell or rent the good or service in the emergency or disaster area.
(3) If a person did not sell, rent or offer to sell or rent a good or service in an emergency or disaster area within the 30 days before the state of emergency or declaration of disaster was proclaimed pursuant to NRS 414.070, the price at which the good or service was generally available in the emergency or disaster area in the 30 days before the state of emergency or declaration of disaster was proclaimed.