d willfully engages in a deceptive trade practice: (a) For the first offense, is guilty of a misdemeanor. (b) For the second offense, is guilty of a gross misdemeanor. (c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130. The court may require the natural person, firm, or officer or managing agent of the corporation or association to pay to the aggrieved party damages on all profits derived from the knowing and willful engagement in a deceptive trade practice and treble damages on all damages suffered by reason of the deceptive trade practice. 4. Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions. 5. If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.305 to 598.395, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking: (a) The suspension of the person’s privilege to conduct business within this State; or (b) If the defendant is a corporation, dissolution of the corporation. The court may grant or deny the relief sought or may order other appropriate relief. 6. If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking: (a) The suspension of the person’s privilege to conduct business within this State; or (b) If the defendant is a corporation, dissolution of the corporation. The court may grant or deny the relief sought or may order other appropriate relief. (Added to NRS by 1973, 1488; A 1983, 885; 1985, 1483, 2255, 2260; 1993, 1957; 1995, 1306, 2176; 1997, 603; 1999, 3334; 2001, 482, 660, 982, 2150; 2003, 1824, 2875, 2887; 2005, 1229, 1251, 1430) PYRAMID PROMOTIONAL SCHEMES; ENDLESS CHAINS NRS 598.100 Definitions. For the purposes of NRS 598.100 to 598.130, inclusive: 1. “Compensation” does not mean payment based on sales of goods or services to persons who are not participants in a pyramid promotional scheme or endless chain and who are not purchasing in order to participate in such a program. 2. “Promotes” means inducing one or more other persons to become a participant in a pyramid promotional scheme or endless chain. 3. A “pyramid promotional scheme” means any program or plan for the disposal or distribution of property and merchandise or property or merchandise by which a participant gives or pays a valuable consideration for the opportunity or chance to receive any compensation or thing of value in return for procuring or obtaining one or more additional persons to participate in the program, or for the opportunity to receive compensation of any kind when a person introduced to the program or plan by the participant procures or obtains a new participant in such a program. (Added to NRS by 1971, 666; A 1985, 530) NRS 598.110 Pyramid promotional schemes or endless chains are deceptive trade practices. Every person who contrives, prepares, sets up, proposes, operates, advertises or promotes any pyramid promotional scheme or endless chain commits a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive. (Added to NRS by 1971, 666; A 1993, 1957) NRS 598.120 Contracts and agreements voidable by participant. All contracts and agreements, existing or made in the future, which have any part of the consideration given for the right to participate in a pyramid promotional scheme or endless chain as defined in NRS 598.100 to 598.130, inclusive, are against public policy and voidable by a participant. (Added to NRS by 1971, 666) NRS 598.130 Injunctive relief; receivership. In addition to any other relief available under NRS 598.100 to 598.130, inclusive: 1. The Attorney General or any district attorney may commence an action in the district court having jurisdiction of the area where a pyramid promotional scheme or endless chain is being prepared, operated or promoted to enjoin or obtain any other equitable relief to prevent the further preparation, operation, promotion or prosecution of such scheme or chain. In addition to the relief authorized by this section, the court may award reasonable attorneys’ fees and costs in any action brought under this section. 2. The Attorney General or any district attorney may petition the district court having jurisdiction of the area where a pyramid promotional scheme or endless chain is being prepared, operated or promoted to appoint receivers to secure and distribute in an equitable manner any assets received by any participant as a result of such scheme or program. Any such distribution must effect, to the extent possible, reimbursement for uncompensated payments made to become a participant in the scheme. In any such action, the court may, in addition to any other relief or reimbursement, award reasonable attorneys’ fees and costs. (Added to NRS by 1971, 666; A 1993, 1957) SOLICITATIONS FOR OR ON BEHALF OF CHARITABLE ORGANIZATIONS 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 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 loc

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