Deceptive Advertising – NRS 207.175

Overview

Deceptive advertising is a significant legal concern under Nevada Revised Statute (NRS) 207.175. This statute addresses the use of misleading or false statements in advertisements and marketing materials. The law aims to protect consumers from deceptive practices that can lead to financial loss or misrepresentation of products and services. Understanding the implications of NRS 207.175 is essential for businesses, advertisers, and consumers alike.

Definition of Deceptive Advertising

Under NRS 207.175, deceptive advertising refers to any advertising that contains false or misleading information that can influence consumer behavior. Key elements of the law include:

1. False Statements: The advertisement contains false claims about a product or service, including price, quality, or performance.
2. Material Misrepresentation: The false statements must be material, meaning they are likely to influence the purchasing decisions of consumers.
3. Intent to Deceive: While the intent to deceive is not always required to establish liability, the existence of deceptive practices suggests a disregard for truthfulness in advertising.

Legal Requirements for Prosecution

To secure a conviction for deceptive advertising under NRS 207.175, the prosecution must prove several elements:

1. Existence of an Advertisement: The accused must have engaged in advertising that falls under the jurisdiction of NRS 207.175.
2. Misleading Information: The prosecution must demonstrate that the advertisement contained false or misleading statements that could deceive consumers.
3. Impact on Consumers: It must be shown that the deceptive advertising had the potential to influence consumers’ purchasing decisions or caused financial harm.

Related Offenses

Deceptive advertising is related to several other offenses and legal concepts, including:

• Fraud – NRS 205.375: Involves intentional deception to secure unfair or unlawful gain.
• False Advertising – NRS 207.174: Specifically addresses the act of making false statements in advertising.
• Consumer Protection Laws: Broader regulations that govern fair trade practices and protect consumers from unfair or deceptive business practices.

Examples of Deceptive Advertising

Understanding how NRS 207.175 applies can be clarified through specific examples:

• Example 1: A company advertises a weight loss supplement claiming that users can lose 20 pounds in a month without changing their diet or exercise routine. If this claim is not supported by scientific evidence, it may be considered deceptive advertising.
• Example 2: A car dealership advertises a vehicle at a specific price but fails to disclose that the advertised price excludes significant fees and costs. This omission can mislead consumers, leading to potential charges under deceptive advertising laws.

Penalties for Deceptive Advertising

The penalties for deceptive advertising under NRS 207.175 can vary based on the severity of the offense and the harm caused:

• Civil Penalties: Businesses found guilty of deceptive advertising may be subject to civil penalties, including fines that can range from $1,000 to $10,000 per violation, depending on the circumstances.
• Restitution: Courts may order businesses to provide restitution to consumers who were harmed by the deceptive advertising practices, compensating them for any financial losses incurred.
• Criminal Charges: In certain cases, particularly where there is evidence of intent to defraud, individuals or businesses may face criminal charges, leading to potential jail time and additional fines.

Defenses Against Deceptive Advertising Charges

If you are facing charges related to deceptive advertising under NRS 207.175, several defenses may apply:

1. Lack of Intent: Demonstrating that there was no intent to deceive consumers can serve as a defense. If the misleading information was unintentional, this may help mitigate liability.
2. Truthfulness of Claims: If the accused can provide evidence that the claims made in the advertisement were accurate or substantiated, this can effectively counter deceptive advertising charges.
3. Omission of Information: In some cases, defenses can focus on the context of the advertisement, arguing that the omitted information was not material or necessary for consumer understanding.
4. Consumer Awareness: If it can be shown that consumers were aware of the true nature of the product or service, this may undermine claims of deception.

The Importance of Legal Representation

Navigating the complexities of deceptive advertising charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling business and advertising-related cases equips him to provide a robust defense against charges under NRS 207.175.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving deceptive advertising.

Understanding Your Rights

If you are involved in a situation concerning deceptive advertising, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against charges of deceptive advertising under NRS 207.175 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.