2011 Nevada Revised Statutes
Chapter 598 - Deceptive Trade Practices
NRS 598.1305 - Prohibited acts; jurisdiction of Attorney General; violation constitutes deceptive trade practice.

1. A person, in planning, conducting or executing a solicitation for or on behalf of a charitable organization, shall not:

(a) Make any claim or representation concerning a contribution which directly, or by implication, has the capacity, tendency or effect of deceiving or misleading a person acting reasonably under the circumstances; or

(b) Omit any material fact deemed to be equivalent to a false, misleading or deceptive claim or representation if the omission, when considering what has been said or implied, has or would have the capacity, tendency or effect of deceiving or misleading a person acting reasonably under the circumstances.

2. Notwithstanding any other provisions of this chapter, the Attorney General has primary jurisdiction to investigate and prosecute a violation of this section.

3. Except as otherwise provided in NRS 41.480 and 41.485, a violation of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

4. As used in this section:

(a) Charitable organization means any person who, directly or indirectly, solicits contributions and who:

(1) The Secretary of the Treasury has determined to be tax exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code; or

(2) Is, or holds himself or herself out to be, established for a charitable purpose.

The term does not include an organization which is established for and serving bona fide religious purposes.

(b) Solicitation means a request for a contribution to a charitable organization that is made by:

(1) Mail;

(2) Commercial carrier;

(3) Telephone, facsimile or other electronic device; or

(4) A face-to-face meeting.

The term includes solicitations which are made from a location within this State and solicitations which are made from a location outside of this State to persons located in this State.

(Added to NRS by 1997, 3194)