f goods advertised for lease or tendering terms of sale or lease less favorable than the terms advertised. (Added to NRS by 1985, 2255; A 1993, 1959; 1999, 3281) NRS 598.0918 “Deceptive trade practice” defined. A person engages in a “deceptive trade practice” if, during a solicitation by telephone or sales presentation, he: 1. Uses threatening, intimidating, profane or obscene language; 2. Repeatedly or continuously conducts the solicitation or presentation in a manner that is considered by a reasonable person to be annoying, abusive or harassing; 3. Solicits a person by telephone at his residence between 8 p.m. and 9 a.m.; 4. Blocks or otherwise intentionally circumvents any service used to identify the caller when placing an unsolicited telephone call; or 5. Places an unsolicited telephone call that does not allow a service to identify the caller by the telephone number or name of the business, unless such identification is not technically feasible. (Added to NRS by 2001, 659; A 2003, 2875) NRS 598.092 “Deceptive trade practice” defined. A person engages in a “deceptive trade practice” when in the course of his business or occupation he: 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, whom he represents and the purpose of his 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 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 knows or has reason to know is false or misleading; (b) Represents that the investment will earn a rate of return which he 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 money is invested; (e) Fails to provide information to an investor after a reasonable request for information concerning his investment; (f) Fails to comply with any law or regulation for the marketing of securities or other investments; or (g) Represents that he is licensed by an agency of the State to sell or offer for sale investments or services for investments if he is not so licensed. 6. Charges a fee for advice with respect to investment of money and fails to disclose: (a) That he is selling or offering to lease goods or services and, if he is, their identity; or (b) That he 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 is providing. 7. Notifies any person, by any means, as a part of an advertising plan or scheme, that he has won a prize and that as a condition of receiving the prize he 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. Fails to inform customers, if he does not allow refunds or exchanges, that he 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 (c) Posting in an open and conspicuous place a sign at least 8 by 10 inches in size with boldface letters, specifying that no refunds or exchanges are allowed. (Added to NRS by 1985, 2256; A 1987, 87; 1993, 1959; 1999, 3281; 2005, 1426) NRS 598.0921 “Deceptive trade practice” defined. 1. A person engages in a “deceptive trade practice” if, in the course of his business or occupation: (a) He issues a gift certificate that expires on a certain date, unless either of the following is printed plainly and conspicuously on the front or back of the gift certificate in at least 10-point font and in such a manner that the print is readily visible to the buyer of the gift certificate before the buyer purchases the gift certificate: (1) The expiration date of the gift certificate; or (2) A toll-free telephone number accompanied by a statement setting forth that the buyer or holder of the gift certificate may call the telephone number to obtain the balance of the gift certificate and the expiration date of the gift certificate; (b) He imposes upon the buyer or holder of a gift certificate a service fee, unless each of the following is printed plainly and conspicuously on the front or back of the gift certificate in at least 10-point font and in such a manner that the print is readily visible to the buyer of the gift certificate before the buyer purchases the gift certificate: (1) The amount of the service fee; (2) The event or events that will cause the service fee to be imposed; (3) The frequency with which the service fee will be imposed; and (4) If the service fee will be imposed on the basis of inactivity, the duration of inactivity that will cause the service fee to be imposed; or (c) Regardless of the notice provided, he imposes upon the buyer or holder of a gift certificate: (1) A service fee or a combination of service fees that exceed a total of $1 per month; or (2) A service fee that commences or is imposed within the first 12 months after the issuance of the gift certificate. 2. The provisions of this section do not apply to: (a) A gift certificate that is issued as part of an award, loyalty, promotional, rebate, incentive or reward program and for which issuance the issuer does not receive money or any other thing of value; (b) A gift certificate that is sold at a reduced price to an employer or nonprofit or charitable organization, if the expiration date of the gift certificate is not more than 30 days after the date of sale; and (c) A gift certificate that is issued by an establishment licensed pursuant to the provisions of chapter 463 of NRS. 3. As used in this section: (a) “Gift certificate” means an instrument or a record evidencing a promise by the seller or issuer of the instrument or record to provide goods or services to the holder of the gift certificate for the value shown in, upon or ascribed to the instrument or record and for which the value shown in, upon or ascribed to the instrument or record is decreased in an amount equal to the value of goods or services provided by the issuer or seller to the holder. The term includes, without limitation, a gift card, certificate or similar instrument. The term does not include: (1) An instrument or record for prepaid tel

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