Deceptive Trade Practices In Nevada In New York
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NRS 207.171 is the Nevada statute that prohibits using false or misleading advertisements. False ads are a crime even if no one is deceived or sustains losses. NRS 207.175 makes deceptive advertising a misdemeanor for a first- or second offense, carrying up to six months in jail and/or $1,000.
It is illegal in Nevada to disseminate or distribute false or misleading advertising under NRS 207.171. Being sued and/or convicted of false or misleading advertising have both civil and criminal consequences.
A person engages in a “deceptive trade practice” when in the course of his or her business or occupation he or she knowingly: (a) Conducts the business or occupation without all required state, county or city licenses. (b) Fails to disclose a material fact in connection with the sale or lease of goods or services.
An act or practice is unfair where it (1) causes or is likely to cause substantial injury to consumers, (2) cannot be reasonably avoided by consumers, and (3) is not outweighed by countervailing ben- efits to consumers or to competition.
(These practices are commonly called misleading or unfair business practices.) They include false advertising, misrepresentation, tied selling, and failing to comply with regulations. Under consumer protection laws, they are illegal and can lead to compensatory or punitive damages.
Nevada law requires that before you actually close on a property transfer, you give the potential buyer a lengthy disclosure statement listing defects in the property and other relevant information.
New York Consolidated Laws, General Business Law - GBS § 349. Deceptive acts and practices unlawful. (a) Deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful.
The essence of an unfair competition claim under New York law is that the defendant misappropriated the fruit of plaintiff's labors and expenditures by obtaining access to plaintiff's business idea either through fraud or deception, or an abuse of a fiduciary or confidential relationship.
Section 5 of the Federal Trade Commission Act (FTC Act) (15 USC 45) prohibits ''unfair or deceptive acts or practices in or affecting commerce. '' The prohibition applies to all persons engaged in commerce, including banks.
