Nevada Code § 207.173

Actual deception unnecessary to create liability
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It is sufficient in bringing any action
pursuant to NRS 207.170 to 207.177 , inclusive, that any statement
referred to in NRS 207.171 has a
tendency to deceive or mislead the public because of its false or deceptive or
misleading character even though no member of the public is actually deceived
or misled by such statement.

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