Answer: C - Nevada SB 538 does not permit a private right of action for violations. Under SB 538, the Attorney General may seek an injunction or civil penalty ($5,000 for each violation). In addition, the Attorney General may provide a 30-day notice allowing the operator to correct the violation in that period.
These terms under Nevada SB 538 do not apply where the notice by the operator “contains information which constitutes a knowing and material misrepresentation or omission that is likely to mislead a consumer.” The latter is likely to be considered an unfair and deceptive practice.
