NRS 598.0973 Civil penalty for engaging in deceptive trade practice directed toward elderly person or person with disability.

439 words·~2 min read·/nv/chapter-598-deceptive-trade-practices/598-0973·

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1. Except as otherwise provided in NRS 598.0974 , in any action or proceeding brought pursuant to NRS 598.0903 to 598.0999 , inclusive, if the court or the Director or his or her designee finds that a person has engaged in a deceptive trade practice directed toward an elderly person or a person with a disability, the court or the Director or his or her designee may, in addition to any other civil or criminal penalty, impose a civil penalty of:

(a)For a deceptive trade practice directed toward a person with a disability, not more than $15,000 for each violation.

(b)For a deceptive trade practice directed toward an elderly person, not more than $25,000 for each violation.

2. In determining whether to impose a civil penalty pursuant to subsection 1, the court or the Director or his or her designee shall consider whether:

(a)The conduct of the person was in disregard of the rights of the elderly person or person with a disability;

(b)The person knew or should have known that his or her conduct was directed toward an elderly person or a person with a disability;

(c)The elderly person or person with a disability was more vulnerable to the conduct of the person because of the age, health, infirmity, impaired understanding, restricted mobility or disability of the elderly person or person with a disability;

(d)The conduct of the person caused the elderly person or person with a disability to suffer actual and substantial physical, emotional or economic damage;

(e)The conduct of the person caused the elderly person or person with a disability to suffer:

(1)Mental or emotional anguish;

(2)The loss of the primary residence of the elderly person or person with a disability;

(3)The loss of the principal employment or source of income of the elderly person or person with a disability;

(4)The loss of money received from a pension, retirement plan or governmental program;

(5)The loss of property that had been set aside for retirement or for personal or family care and maintenance;

(6)The loss of assets which are essential to the health and welfare of the elderly person or person with a disability; or

(7)Any other interference with the economic well-being of the elderly person or person with a disability, including the encumbrance of his or her primary residence or principal source of income; or

(f)Any other factors that the court or the Director or his or her designee deems to be appropriate.