Glindmeier violated NRS 207.170, claiming the evidence is insufficient; (2) in concluding that the doctrines of res judicata and collateral estoppel did not apply to preclude respondents' relief; (3) in ordering Landex to make restitution to all purchasers of "MMR" after March 26, 1974; and (4) in holding that appellants had committed twenty violations of NRS 207.170. 1. Substantial Evidence. Appellant Glindmeier contends that he, as president of Landex, could not be held responsible for unauthorized statements made by individual sales representatives and that even if it were shown that Glindmeier was directly responsible for the alleged misrepresentations, the Washoe District Court was barred by the doctrines of res judicata and collateral estoppel from finding that the statements made by the Landex personnel were deceiving and misleading. The latter questions will be discussed infra. As to appellant Glindmeier's first claim, this Where a question of fact has been determined Id. at 365, 526 P.2d at 1179. See, The record shows that appellant Glindmeier exercised direct supervision of the sales personnel and their promotional presentations. He may not, therefore, escape culpability by contending that Landex alone is liable. NRS 207.171 regarding agent and employee liability; see also, Jory v. Bennight, 91 Nev. 763, 542 P.2d 1400 (1975). In addition to the other substantial evidence, we find persuasive the fact of Glindmeier's testimony that he per sonally instructed his sales personnel as to what would comprise their sales presentations and also drafted the podium speeches which were given during the sales presentations. Appellants contend that the sales personnel "volunteered" statements which were not contained in the prepared speeches or materials. The record does not support this contention. Several specific representations made to the prospective purchasers on May 26, 1974, which were found to be misrepresentative of the actual subdivision are that: less than one percent of the total land in Nevada is available for sale to the public; "MMR" consists of flat land with a few rolling hills; there were springs and wells throughout the subdivision; all water found in the subdivision was good water; costs of trips from the purchasers' homes to purchase as well as on a subsequent trip to determine if they desired to retain the property would entitle the purchaser to a federal income tax deduction; all of the registered representatives in the Landex sales room on March 26, 1974, were approved for their selling activities and were highly qualified in all phases of investment; and, that parcels in the subdivision could be resubdivided by the purchasers. Evidence to establish violations of NRS 207.171 is not that quantum necessary to prove a victim's claim of fraud. To prove false advertising under our statute, the State need only establish that the defendants made statements they knew or should have known were untrue or misleading in order to effect the sale. Actual deception is unnecessary to create liability under NRS 207.173. Cf. Lubbe v. Barba, 91 Nev. 596, 540 P.2d 115 (1975). The standard for untrue or misleading statements is the likelihood that the public will be misled. See, Double Eagle Lubricants, Incorporated v. F.T.C., 360 F.2d 268 (10th Cir. 1965). Our review of the record reveals substantial evidence supportive of the trial court's determinations under NRS 207.171 and further respecting Glindmeier's individual liability. Additionally, the trial court was justified in entering a permanent injunction enjoining Landex from further pursuit of such prohibited activities. 2. Res Judicata and Collateral Estoppel. Appellants' second claim stems from a decision of the Fourth Judicial District Court of the State of Nevada, in and for the County of Elko, rendered prior to the within litigation on March 15, 1974. In that action, the district attorney of Elko County sought to enjoin the sale of land in "MMR" incident to Chapter 278 of the Nevada Revised Statutes, opposing Landex's claim of exemption from that Chapter's application. Incidental to the primary claims, the district attorney alleged that Landex was in violation of NRS 207.171, by virtue of an alleged representation by a corporate agent to the effect that the marketed "open space land had a reservation of water rights in Landex. The Elko trial court in a relevant part of its decision concluded: and 5. The court has observed from the promotional speeches filed with the Real Estate Commission by the Defendant, that the "Sales Pitch" is that land is becoming scarce; that land is a prudent investment, and in many cases in the past has resulted in huge profits for the land owner. As for example, land on the Las Vegas Strip. The buyers are invited to purchase as a speculative investment. There is nothing unlawful about this approach as long as there is a full disclosure. (Emphasis added.) Appellant argues that as a result of the Elko County District Court's determinations, the Washoe County District Court was precluded by the doctrines of res judicata collateral estoppel from finding that the representations made by the sales representatives of Landex were false or misleading. In Paradise Palms v. Paradise Homes, 89 Nev. 27, 505 P.2d 596 (1973), this Court, quoting from the landmark case of Bernhard v. Bank of America, Nat. Trust & Sav. Ass'n, 122 P.2d 892 (Cal. 1942), stated, 'The doctrine of res judicata precludes parties 'In determining the validity of a plea of res Id. at 30-31, 505 P.2d at 598-99. Respondents concede the finality of the prior adjudication; however, they contend that they were not in privity with the Elko County district attorney and that the issues litigated in this Washoe County proceeding were different from those litigated and decided in the Elko County action. From the record before us, we are constrained to agree with respondents that the issues tried in the Elko proceeding are markedly dissimilar from those now before us. The Elko case involved a different form of advertising than the form of podium speeches and other personal contact. We find it unnecessary to discuss the privity question. Furthermore, the Elko County decision as to the tendency of the questioned statement to mislead the public was qualified by the language "as long as there is a full disclosure." The issue litigated there focused on whether there was, in fact, enough of a disclosure so as to fully inform prospective purchasers. Moreover, the representations were of a different type and nature, were made subsequent to the Elko decision, and were made in Reno, not Elko. The doctrine of res judicata proscribes the hearing of issues determined by a court of competent jurisdiction in a prior proceeding between the same parties regarding the same cause of action. Markoff v. New York Life Ins. Co., 92 Nev. 268, 549 P.2d 330 (1976). The doctrine of collateral estoppel operates to preclude the parties or their privies from relitigating issues previously litigated and actually determined in the prior proceeding. State v. Kallio, 92 Nev. 665, 557 P.2d 705 (1976); Clark v. Clark, 80 Nev. 52, 389 P.2d 69 (1964). The trial court committed no error in ruling the defenses of res judicata and collateral estoppel inapplicable. Restitution was not one of the remedies specifi cally alleged or prayed for by respondents in their complaint. It is appellant's contention that assuming arguendo the complaint was sufficient to allow restitution, on the facts of this case an award of restitution was improper. We agree. In support of their claimed entitlement to restitution, respondents rely heavily on People v. Superior Court of Los Angeles County ("Jayhill"), 507 P.2d 1400 (Cal. 1973). At the time Jayhill was decided, the California Business and Professions Code provided that false or misleading advertising "may be enjoined" in an action by the attorney general but was silent as to the power of the trial court to order restitution in such a proceeding. The California statutes involved are similar to NRS 207.171, et seq. In considering the propriety of the attorney general seeking restitution on behalf of defrauded purchasers, the California Supreme Court stated, At the time the complaint was filed Business |