Nevada Appeal Capitol Bureau
Tuesday, May 25, 2021
The Nevada Senate on Tuesday passed legislation that would expand the definition and penalties for deceptive trade practices, including price gouging, during a state of emergency.
AB61 was approved 12-9 on a party line vote with Republicans opposed.
The measure increases the penalty for using an automatic dialer to distribute a message, escalating the second offense to a gross misdemeanor and the third and subsequent offenses to a felony.
Violators could also face a fine of up to $10,000 for each violation.
The bill also makes it a deceptive trade practice to jack up the price of goods and services during a state of emergency or disaster. Sen. Dina Neal, D-North Las Vegas, said that would apply to selling goods and services, ”at a rate grossly out of proportion to its normal price.”
That would apply to all types of goods and services including household goods, medical supplies and services such as repairs and reconstruction of property.
The bill also adds using text messages to the prohibitions on deceptive trade practices.
If the deceptive trade practice was directed toward an elderly person or some one with a disability, a court would be able to impose an additional civil penalty of up to $12,500. An additional penalty could also be imposed if the victim was aged 17 or under.
Finally, AB61 eliminates the statute of limitations for filing a civil action charging deceptive trade practices.
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