Terms Used In Nevada Revised Statutes > Chapter 599B > Practice

• Chance promotion: means any plan in which premiums are distributed by random or chance selection. See Nevada Revised Statutes 599B.010
• Commissioner: means the Commissioner of Consumer Affairs. See Nevada Revised Statutes 599B.010
• Consumer: means a person who is solicited by a seller or salesperson. See Nevada Revised Statutes 599B.010
• Donation: means a promise, grant or pledge of money, credit, property, financial assistance or other thing of value given in response to a solicitation by telephone, including, but not limited to, a payment or promise to pay in consideration for a performance, event or sale of goods or services. See Nevada Revised Statutes 599B.010
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Goods or services: means any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value. See Nevada Revised Statutes 599B.010
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
• Premium: includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase. See Nevada Revised Statutes 599B.010
• Recovery service: means a business or other practice whereby a person represents or implies that he or she will, for a fee, recover any amount of money that a consumer has provided to a seller or salesperson pursuant to a solicitation governed by the provisions of this chapter. See Nevada Revised Statutes 599B.010
• Salesperson: means any person:

  (a) Employed or authorized by a seller to sell, or to attempt to sell, goods or services by telephone;

  (b) Retained by a seller to provide consulting services relating to the management or operation of the seller"s business; or

  (c) Who communicates on behalf of a seller with a consumer:

  (1) In the course of a solicitation by telephone; or

  (2) For the purpose of verifying, changing or confirming an order, except that a person is not a salesperson if his or her only function is to identify a consumer by name only and he or she immediately refers the consumer to a salesperson. See Nevada Revised Statutes 599B.010

• seller: means any person who, on his or her own behalf, causes or attempts to cause a solicitation by telephone to be made through the use of one or more salespersons or any automated dialing announcing device under any of the following circumstances:

  (a) The person initiates contact by telephone with a consumer and represents or implies:

  (1) That a consumer who buys one or more goods or services will receive additional goods or services, whether or not of the same type as purchased, without further cost, except for actual postage or common carrier charges;

  (2) That a consumer will or has a chance or opportunity to receive a premium;

  (3) That the items for sale are gold, silver or other precious metals, diamonds, rubies, sapphires or other precious stones, or any interest in oil, gas or mineral fields, wells or exploration sites or any other investment opportunity;

  (4) That the product offered for sale is information or opinions relating to sporting events;

  (5) That the product offered for sale is the services of a recovery service; or

  (6) That the consumer will receive a premium or goods or services if he or she makes a donation;

  (b) The solicitation by telephone is made by the person in response to inquiries from a consumer generated by a notification or communication sent or delivered to the consumer that represents or implies:

  (1) That the consumer has been in any manner specially selected to receive the notification or communication or the offer contained in the notification or communication;

  (2) That the consumer will receive a premium if the recipient calls the person;

  (3) That if the consumer buys one or more goods or services from the person, the consumer will also receive additional or other goods or services, whether or not the same type as purchased, without further cost or at a cost that the person represents or implies is less than the regular price of the goods or services;

  (4) That the product offered for sale is the services of a recovery service; or

  (5) That the consumer will receive a premium or goods or services if he or she makes a donation; or

  (c) The solicitation by telephone is made by the person in response to inquiries generated by advertisements that represent or imply that the person is offering to sell any:

  (1) Gold, silver or other metals, including coins, diamonds, rubies, sapphires or other stones, coal or other minerals or any interest in oil, gas or other mineral fields, wells or exploration sites, or any other investment opportunity;

  (2) Information or opinions relating to sporting events; or

  (3) Services of a recovery service. See Nevada Revised Statutes 599B.010

• Unit: means the Consumer Affairs Unit of the Department of Business and Industry. See Nevada Revised Statutes 599B.010