NRS 598.982186 Prohibited conduct in connection with lease or purchase of distributed generation system or power purchase agreement; requirements for commercial communication.

471 words·~2 min read·/nv/chapter-598-deceptive-trade-practices/598-982186·

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

1. A solar installation company, a person who generates leads or referrals to perform work concerning a distributed generation system or a distributed generation system financier, as applicable, shall not:

(a)Include in any written or electronic marketing materials any material term for the lease or purchase of a distributed generation system or a power purchase agreement that is not included in the agreement itself.

(b)Engage in any deceptive or fraudulent conduct in connection with the lease or purchase of a distributed generation system or the contracting for a power purchase agreement, including, without limitation:

(1)Making any false statement or representation, either expressly or by implication, concerning a lead or referral for work concerning a distributed generation system.

(2)Using any official logo, seal, insignia, branding or uniform of this State or a political subdivision of this State or any logo, seal, insignia, branding or uniform that tends to mislead a person into believing that it is official.

(3)Making any statement or representation that the person is an employee, representative or agent of this State or a political subdivision of this State.

(4)Using any official logo, seal, insignia, branding or uniform of a public utility or any logo, seal, insignia, branding or uniform that tends to mislead a person into believing that it is official.

(5)Making any statement or representation that the person is an employee, representative or agent of a public utility.

(6)Making any statement or representation or including in any written or electronic marketing material any statement or representation concerning any incentives, legislation, rebates or tax credits relating to a distributed generation system without including the statement required by subsection 2.

(7)Making any statement or representation that indicates or implies that the person is a participant in a governmental program related to incentives, tax credits or financial assistance for a distributed generation system unless the person has been expressly authorized in writing by the governmental entity administering the program to make such a statement or representation.

(c)Accept any compensation for a lead or referral for work concerning a distributed generation system from a person other than a person who holds a license issued pursuant to chapter 624 of NRS authorizing the performance of such work.

2. A solar installation company, a person who generates leads or referrals to perform work concerning a distributed generation system or a distributed generation system financier shall include in any commercial communication, including, without limitation, any marketing materials, that provides information concerning any incentive, legislation, rebate or tax credit relating to a distributed generation system a statement indicating that it is recommended that the recipient of the communication consult with an independent tax professional.