NRS 598.1305 Prohibited acts; jurisdiction of Attorney General; violation constitutes deceptive trade practice.

433 words·~2 min read·/nv/chapter-598-deceptive-trade-practices/598-1305·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. A person, in planning, conducting or executing a solicitation for or on behalf of a charitable organization or nonprofit corporation, 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”:

(1)Means any person who, directly or indirectly, solicits contributions and who:

(I)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, 26 U.S.C. § 501(c)(3);

(II)Is or purports to be established for any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic or other eleemosynary purpose, or for the benefit of law enforcement, firefighting or other public safety personnel; or

(III)In any manner employs a charitable appeal as the basis of any solicitation or an appeal that suggests there is a charitable reason for a solicitation.

(2)Does not include an organization which is established for and serving bona fide religious purposes.

(b)“Charitable reason” means:

(1)Any reason described in section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3);

(2)Any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic or other eleemosynary reason; or

(3)Any objective that benefits law enforcement, firefighting or other public safety personnel.

(c)“Solicitation” means a request for a contribution to a charitable organization or nonprofit corporation that is made by any means, including, without limitation:

(1)Mail;

(2)Commercial carrier;

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

(4)A face-to-face meeting.

Ê The term includes, without limitation, 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.

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