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State 2008 Statute Number2008 Statute Language2010 Statute Number 2010 Statute Language

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Nevada. Every other year.Nev. Rev. Stat. § 597.010. Definitions.As used in NRS 597.010 to 597.110, inclusive, unless the context otherwise requires:

1. “Consummation” means the time at which a customer becomes contractually obligated under a lease agreement with an option to purchase.

2. “Customer” means a natural person who leases personal property which is to be used primarily for personal, family or household purposes pursuant to a lease agreement with an option to purchase.

3. “Lease agreement with an option to purchase” means an agreement:

(a) For the possession and use of personal property by a natural person primarily for personal, family or household purposes, for an initial period of not more than 4 months;

(b) That is automatically renewable with each payment made after the initial period;

(c) That does not obligate or require the customer to continue leasing or using the property beyond the initial period; and

(d) That permits the customer to acquire the ownership of the property.

4. “Lessor” means a person who regularly provides the possession and use of property pursuant to a lease agreement with an option to purchase and to whom rental payments are initially payable as indicated on the face of the agreement.
Nev. Rev. Stat. § 597.010. Definitions.As used in NRS 597.010 to 597.110, inclusive, unless the context otherwise requires:

1. “Consummation” means the time at which a customer becomes contractually obligated under a lease agreement with an option to purchase.

2. “Customer” means a natural person who leases personal property which is to be used primarily for personal, family or household purposes pursuant to a lease agreement with an option to purchase.

3. “Lease agreement with an option to purchase” means an agreement:

(a) For the possession and use of personal property by a natural person primarily for personal, family or household purposes, for an initial period of not more than 4 months;

(b) That is automatically renewable with each payment made after the initial period;

(c) That does not obligate or require the customer to continue leasing or using the property beyond the initial period; and

(d) That permits the customer to acquire the ownership of the property.

4. “Lessor” means a person who regularly provides the possession and use of property pursuant to a lease agreement with an option to purchase and to whom rental payments are initially payable as indicated on the face of the agreement.

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Nev. Rev. Stat. § 597.020. Applicability of laws.1. A lease agreement with an option to purchase which complies with the provisions of NRS 597.010 to 597.110, inclusive, is exempt from the provisions of law governing:

(a) A security interest as defined in NRS 104.1201.

(b) A door-to-door sale as defined in NRS 598.180.

(c) The sale of consumer goods as defined in NRS 104.9102.

2. The provisions of NRS 597.010 to 597.110, inclusive, do not apply to:

(a) A lease agreement with an option to purchase entered into primarily for business, commercial or agricultural purposes.

(b) A lease agreement with an option to purchase made with any governmental agency.

(c) The lease of a safe deposit box.

(d) A lease or bailment of personal property which is incidental to the lease of real property and which does not provide the customer with an option to purchase the leased property.

(e) The lease of a motor vehicle.
Nev. Rev. Stat. § 597.020. Applicability of laws.1. A lease agreement with an option to purchase which complies with the provisions of NRS 597.010 to 597.110, inclusive, is exempt from the provisions of law governing:

(a) A security interest as defined in NRS 104.1201.

(b) A door-to-door sale as defined in NRS 598.180.

(c) The sale of consumer goods as defined in NRS 104.9102.

2. The provisions of NRS 597.010 to 597.110, inclusive, do not apply to:

(a) A lease agreement with an option to purchase entered into primarily for business, commercial or agricultural purposes.

(b) A lease agreement with an option to purchase made with any governmental agency.

(c) The lease of a safe deposit box.

(d) A lease or bailment of personal property which is incidental to the lease of real property and which does not provide the customer with an option to purchase the leased property.

(e) The lease of a motor vehicle.

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Nev. Rev. Stat. § 597.030. Lease agreement: Disclosures required; exception to requirement; provision of copy to customer.1. Except as otherwise provided in subsection 2, a lease agreement with an option to purchase must contain the following disclosures, if applicable:

(a) The total number and total amount of all payments which are necessary to acquire ownership of the leased property, and the dates on which those payments are due.

(b) A statement that the customer will not own the leased property until he or she makes all of the payments necessary to acquire ownership.

(c) A statement that the customer is responsible for the fair market value of the leased property if it is lost, stolen, damaged or destroyed.

(d) A brief description of the leased property which is sufficient to identify the property to the customer and lessor, including:

(1) The identification number of the property, if available; and

(2) A statement indicating whether the property is new or used. It is not a violation of this section to indicate that new property is used.

(e) A brief description of any damage to the leased property.

(f) A statement of the price at which the lessor will sell the leased property to the customer for cash on the date of the agreement. If at least five items are leased as a set in a single agreement, the aggregate price of all of the items leased may be indicated.

(g) The total amount of the payments required to be paid at or before the consummation of the agreement or the delivery of the leased property, whichever is later.

(h) A statement that the total amount of all payments required to be paid does not include other fees which may be charged.

(i) A statement of all other fees which may be charged, including, but not limited to, fees for:

(1) The failure to make timely payments.

(2) Defaulting on the agreement.

(3) Reinstating the agreement.

(4) Returning the leased property to the lessor.

(j) A summary of the terms of the customer’s option to purchase the leased property, including a statement that the customer has the right to purchase the leased property at any time before the termination of the lease, and the price at which the property may be so purchased.

(k) A statement identifying the person who is responsible for maintaining and servicing the property while it is being leased, and a description of that responsibility.

(l) A statement that if any part of the manufacturer’s express warranty covers the leased property when the customer acquires ownership of the property, it will be transferred to the customer if allowed by the terms of the warranty.

(m) The date of the transaction and the names of the customer and lessor.

(n) A statement that the customer may terminate the agreement without penalty by voluntarily surrendering or returning the leased property in good repair at the expiration of the term of the lease, and paying any rental payments that are past due.

(o) A notice of the customer’s right to reinstate the agreement pursuant to NRS 597.070.

2. A lessor is not required to comply with the provisions of this section if the transaction is governed by Part E of the Consumer Credit Protection Act, 15 U.S.C. §§ 1667 to 1667e, inclusive, and the lessor complies with the requirements of those sections and the regulations adopted pursuant thereto.

3. The lessor shall provide the customer with a copy of the lease agreement with an option to purchase.
Nev. Rev. Stat. § 597.030. Lease agreement: Disclosures required; exception to requirement; provision of copy to customer.1. Except as otherwise provided in subsection 2, a lease agreement with an option to purchase must contain the following disclosures, if applicable:

(a) The total number and total amount of all payments which are necessary to acquire ownership of the leased property, and the dates on which those payments are due.

(b) A statement that the customer will not own the leased property until he or she makes all of the payments necessary to acquire ownership.

(c) A statement that the customer is responsible for the fair market value of the leased property if it is lost, stolen, damaged or destroyed.

(d) A brief description of the leased property which is sufficient to identify the property to the customer and lessor, including:

(1) The identification number of the property, if available; and

(2) A statement indicating whether the property is new or used. It is not a violation of this section to indicate that new property is used.

(e) A brief description of any damage to the leased property.

(f) A statement of the price at which the lessor will sell the leased property to the customer for cash on the date of the agreement. If at least five items are leased as a set in a single agreement, the aggregate price of all of the items leased may be indicated.

(g) The total amount of the payments required to be paid at or before the consummation of the agreement or the delivery of the leased property, whichever is later.

(h) A statement that the total amount of all payments required to be paid does not include other fees which may be charged.

(i) A statement of all other fees which may be charged, including, but not limited to, fees for:

(1) The failure to make timely payments.

(2) Defaulting on the agreement.

(3) Reinstating the agreement.

(4) Returning the leased property to the lessor.

(j) A summary of the terms of the customer’s option to purchase the leased property, including a statement that the customer has the right to purchase the leased property at any time before the termination of the lease, and the price at which the property may be so purchased.

(k) A statement identifying the person who is responsible for maintaining and servicing the property while it is being leased, and a description of that responsibility.

(l) A statement that if any part of the manufacturer’s express warranty covers the leased property when the customer acquires ownership of the property, it will be transferred to the customer if allowed by the terms of the warranty.

(m) The date of the transaction and the names of the customer and lessor.

(n) A statement that the customer may terminate the agreement without penalty by voluntarily surrendering or returning the leased property in good repair at the expiration of the term of the lease, and paying any rental payments that are past due.

(o) A notice of the customer’s right to reinstate the agreement pursuant to NRS 597.070.

2. A lessor is not required to comply with the provisions of this section if the transaction is governed by Part E of the Consumer Credit Protection Act, 15 U.S.C. §§ 1667 to 1667e, inclusive, and the lessor complies with the requirements of those sections and the regulations adopted pursuant thereto.

3. The lessor shall provide the customer with a copy of the lease agreement with an option to purchase.

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Nev. Rev. Stat. § 597.040. Required disclosures: Manner of making; transactions with multiple lessors; effect of inaccuracy caused by customer.1. The disclosures required to be made by NRS 597.030 must be made:

(a) At or before the consummation of the lease agreement with an option to purchase; and

(b) Clearly and conspicuously in writing on the face of the agreement, directly above the line for the customer’s signature.

2. In a transaction involving more than one lessor, only one lessor is required to make the required disclosures, but all lessors are bound by those disclosures.

3. If a disclosure becomes inaccurate after it is delivered to the customer because of an act or omission of the customer, the resulting inaccuracy is not a violation of the provisions of NRS 597.010 to 597.110, inclusive.
Nev. Rev. Stat. § 597.040. Required disclosures: Manner of making; transactions with multiple lessors; effect of inaccuracy caused by customer.1. The disclosures required to be made by NRS 597.030 must be made:

(a) At or before the consummation of the lease agreement with an option to purchase; and

(b) Clearly and conspicuously in writing on the face of the agreement, directly above the line for the customer’s signature.

2. In a transaction involving more than one lessor, only one lessor is required to make the required disclosures, but all lessors are bound by those disclosures.

3. If a disclosure becomes inaccurate after it is delivered to the customer because of an act or omission of the customer, the resulting inaccuracy is not a violation of the provisions of NRS 597.010 to 597.110, inclusive.

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Nev. Rev. Stat. § 597.050. Disclosures required upon renegotiation of lease agreement. 1. The disclosures required by NRS 597.030:

(a) Must be made if a lease agreement with an option to purchase is renegotiated.

(b) Are not required to be made if such an agreement is extended.

2. For the purposes of this section, a lease agreement with an option to purchase:

(a) Is renegotiated if it is replaced by a new agreement entered into by the same customer and lessor.

(b) Has not been renegotiated if:

(1) The leased property is exchanged or added to or individual items are returned and the average payment is not changed by more than 25 percent;

(2) One or more of the periodic payments or portions of a periodic payment are deferred or extended;

(3) Any additional fees charged are reduced; or

(4) It is the subject of a judicial proceeding.
Nev. Rev. Stat. § 597.050. Disclosures required upon renegotiation of lease agreement. 1. The disclosures required by NRS 597.030:

(a) Must be made if a lease agreement with an option to purchase is renegotiated.

(b) Are not required to be made if such an agreement is extended.

2. For the purposes of this section, a lease agreement with an option to purchase:

(a) Is renegotiated if it is replaced by a new agreement entered into by the same customer and lessor.

(b) Has not been renegotiated if:

(1) The leased property is exchanged or added to or individual items are returned and the average payment is not changed by more than 25 percent;

(2) One or more of the periodic payments or portions of a periodic payment are deferred or extended;

(3) Any additional fees charged are reduced; or

(4) It is the subject of a judicial proceeding.

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Nev. Rev. Stat. § 597.060. Lease agreement: Prohibited provisions. A lease agreement with an option to purchase may not contain:

1. A confession of judgment.

2. A negotiable instrument.

3. A security interest or any other claim to an interest in property other than the property delivered by the lessor pursuant to the agreement.

4. An assignment of wages.

5. A waiver by the customer of any claims or defenses.

6. A provision authorizing the lessor, or any other person acting on his or her behalf, to commit any breach of the peace, in order to repossess the leased property.
Nev. Rev. Stat. § 597.060. Lease agreement: Prohibited provisions. A lease agreement with an option to purchase may not contain:

1. A confession of judgment.

2. A negotiable instrument.

3. A security interest or any other claim to an interest in property other than the property delivered by the lessor pursuant to the agreement.

4. An assignment of wages.

5. A waiver by the customer of any claims or defenses.

6. A provision authorizing the lessor, or any other person acting on his or her behalf, to commit any breach of the peace, in order to repossess the leased property.

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Nev. Rev. Stat. § 597.070. Lease agreement: Reinstatement after customer fails to make timely payment.1. A customer who fails to make a timely payment may reinstate the lease agreement with an option to purchase without losing any rights or options contained in the agreement if the customer pays to the lessor:

(a) All payments that are past due;

(b) The reasonable costs of returning the property to the lessor and redelivering it to the customer, if the leased property has been returned to the lessor; and

(c) Any applicable fee for making a late payment.

2. The payments required to be made by subsection 1 must be made within:

(a) Five days after the date for renewing the agreement if the customer’s payments are required to be made monthly; or

(b) Two days after the date for renewing the agreement if the customer’s payments are required to be made more frequently.

3. If a customer has paid less than two-thirds of the total amount of the payments necessary to acquire ownership of the leased property and, during the time set forth in subsection 2, returns or voluntarily surrenders the property to the lessor, other than pursuant to a judicial order, the customer may reinstate the agreement within 21 days after the date on which the property was returned.

4. If a customer has paid at least two-thirds of the total amount of the payments necessary to acquire ownership of the leased property and, during the time set forth in subsection 2, returns or voluntarily surrenders the property to the lessor, other than pursuant to a judicial order, the customer may reinstate the agreement within 45 days after the date on which the property was returned.

5. This section does not prohibit a lessor from repossessing the leased property during the time allowed for reinstatement. If the lessor repossesses the leased property during that time:

(a) The repossession does not affect the customer’s right to reinstate the agreement.

(b) The lessor shall return the property to the customer or provide the customer with property which is of comparable quality and in comparable condition if the agreement is reinstated.
Nev. Rev. Stat. § 597.070. Lease agreement: Reinstatement after customer fails to make timely payment.1. A customer who fails to make a timely payment may reinstate the lease agreement with an option to purchase without losing any rights or options contained in the agreement if the customer pays to the lessor:

(a) All payments that are past due;

(b) The reasonable costs of returning the property to the lessor and redelivering it to the customer, if the leased property has been returned to the lessor; and

(c) Any applicable fee for making a late payment.

2. The payments required to be made by subsection 1 must be made within:

(a) Five days after the date for renewing the agreement if the customer’s payments are required to be made monthly; or

(b) Two days after the date for renewing the agreement if the customer’s payments are required to be made more frequently.

3. If a customer has paid less than two-thirds of the total amount of the payments necessary to acquire ownership of the leased property and, during the time set forth in subsection 2, returns or voluntarily surrenders the property to the lessor, other than pursuant to a judicial order, the customer may reinstate the agreement within 21 days after the date on which the property was returned.

4. If a customer has paid at least two-thirds of the total amount of the payments necessary to acquire ownership of the leased property and, during the time set forth in subsection 2, returns or voluntarily surrenders the property to the lessor, other than pursuant to a judicial order, the customer may reinstate the agreement within 45 days after the date on which the property was returned.

5. This section does not prohibit a lessor from repossessing the leased property during the time allowed for reinstatement. If the lessor repossesses the leased property during that time:

(a) The repossession does not affect the customer’s right to reinstate the agreement.

(b) The lessor shall return the property to the customer or provide the customer with property which is of comparable quality and in comparable condition if the agreement is reinstated.

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Nev. Rev. Stat. § 597.080. Receipt required for certain payments by customer. A lessor shall give to a customer a written receipt for each payment made in cash or with a money order.Nev. Rev. Stat. § 597.080. Receipt required for certain payments by customer. A lessor shall give to a customer a written receipt for each payment made in cash or with a money order.

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Nev. Rev. Stat. § 597.090. Advertisement for lease agreement. 1. An advertisement for a lease agreement with an option to purchase that refers to or states the amount of any required payment and the right to acquire ownership of any individual item of property must clearly and conspicuously indicate:

(a) That the transaction advertised is a lease agreement with an option to purchase;

(b) The total amount of payments necessary to acquire ownership of the property; and

(c) That the customer does not acquire ownership of the property if the total amount of payments is not paid.

2. This section does not apply to an advertisement for a lease agreement with an option to purchase which is published in a telephone or business directory.

3. This section does not create any liability for the acts of a publisher, owner, agent or employee of a newspaper, magazine, periodical, radio station, television station or other advertising medium for the publication or dissemination of an advertisement for a lease agreement with an option to purchase if the publisher, owner, agent or employee did not know that the advertisement violated the provisions of this section.

4. As used in this section, “advertisement” means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into a lease agreement with an option to purchase.
Nev. Rev. Stat. § 597.090. Advertisement for lease agreement. 1. An advertisement for a lease agreement with an option to purchase that refers to or states the amount of any required payment and the right to acquire ownership of any individual item of property must clearly and conspicuously indicate:

(a) That the transaction advertised is a lease agreement with an option to purchase;

(b) The total amount of payments necessary to acquire ownership of the property; and

(c) That the customer does not acquire ownership of the property if the total amount of payments is not paid.

2. This section does not apply to an advertisement for a lease agreement with an option to purchase which is published in a telephone or business directory.

3. This section does not create any liability for the acts of a publisher, owner, agent or employee of a newspaper, magazine, periodical, radio station, television station or other advertising medium for the publication or dissemination of an advertisement for a lease agreement with an option to purchase if the publisher, owner, agent or employee did not know that the advertisement violated the provisions of this section.

4. As used in this section, “advertisement” means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into a lease agreement with an option to purchase.

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Nev. Rev. Stat. § 597.100. Criminal penalty.A person who willfully and intentionally violates any provision of NRS 597.010 to 597.090, inclusive, is guilty of a misdemeanor.Nev. Rev. Stat. § 597.100. Criminal penalty.A person who willfully and intentionally violates any provision of NRS 597.010 to 597.090, inclusive, is guilty of a misdemeanor.

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Nev. Rev. Stat. § 597.110. Civil penalty.Unless the lease agreement with an option to purchase provides otherwise:

1. In addition to any penalty imposed pursuant to NRS 597.100, the lessor or his or her assignee is liable, except as otherwise provided in subsection 3, in civil suit to the customer for an amount equal to the actual damages resulting from a violation of a provision of NRS 597.010 to 597.110, inclusive, or 25 percent of the total cost to acquire ownership of the property under the lease agreement, whichever amount is greater. The court shall award the prevailing party in such an action attorney’s fees and his or her costs of the action.

2. If the lessor commences a civil suit to enforce such a lease agreement, the customer may set off or counterclaim damages in the amount specified in subsection 1 for such a violation.

3. Such a civil penalty may not be imposed upon a lessor or his or her assignee unless:

(a) The customer has notified the lessor or, if applicable, his or her assignee in writing of the alleged violation; and

(b) The lessor or assignee does not correct the violation, if any, within 30 days after receiving the notice.
Nev. Rev. Stat. § 597.110. Civil penalty.Unless the lease agreement with an option to purchase provides otherwise:

1. In addition to any penalty imposed pursuant to NRS 597.100, the lessor or his or her assignee is liable, except as otherwise provided in subsection 3, in civil suit to the customer for an amount equal to the actual damages resulting from a violation of a provision of NRS 597.010 to 597.110, inclusive, or 25 percent of the total cost to acquire ownership of the property under the lease agreement, whichever amount is greater. The court shall award the prevailing party in such an action attorney’s fees and his or her costs of the action.

2. If the lessor commences a civil suit to enforce such a lease agreement, the customer may set off or counterclaim damages in the amount specified in subsection 1 for such a violation.

3. Such a civil penalty may not be imposed upon a lessor or his or her assignee unless:

(a) The customer has notified the lessor or, if applicable, his or her assignee in writing of the alleged violation; and

(b) The lessor or assignee does not correct the violation, if any, within 30 days after receiving the notice.

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Nev. Rev. Stat. § 597.264. ASSISTIVE DEVICES - Definitions.As used in NRS 597.264 to 597.2667, inclusive, unless the context otherwise requires the words and terms defined in NRS 597.2643 to 597.265, inclusive, have the meanings ascribed to them in those sections.Nev. Rev. Stat. § 597.264. ASSISTIVE DEVICES - Definitions.As used in NRS 597.264 to 597.2667, inclusive, unless the context otherwise requires the words and terms defined in NRS 597.2643 to 597.265, inclusive, have the meanings ascribed to them in those sections.

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Nev. Rev. Stat. § 597.2643. “Assistive device” defined. “Assistive device” means a device purchased or accepted for delivery in this state that enhances the ability of a person to perform a major life activity, including, but not limited to:

1. Manual or motorized wheelchairs, scooters and other devices that enhance the ability of a person to move;

2. Hearing aids, devices for telecommunication and any other devices that enhance the ability of a person to hear;

3. Voice synthesizers, optical scanners, Braille printers and any other devices that enhance the ability of a person to communicate;

4. Light amplifiers, magnification equipment, Braille equipment and any other devices that enhance the ability of a person to see; and

5. Any other device that enhances the ability of a person to move, hear, communicate or see.
Nev. Rev. Stat. § 597.2643. “Assistive device” defined. “Assistive device” means a device purchased or accepted for delivery in this state that enhances the ability of a person to perform a major life activity, including, but not limited to:

1. Manual or motorized wheelchairs, scooters and other devices that enhance the ability of a person to move;

2. Hearing aids, devices for telecommunication and any other devices that enhance the ability of a person to hear;

3. Voice synthesizers, optical scanners, Braille printers and any other devices that enhance the ability of a person to communicate;

4. Light amplifiers, magnification equipment, Braille equipment and any other devices that enhance the ability of a person to see; and

5. Any other device that enhances the ability of a person to move, hear, communicate or see.

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Nev. Rev. Stat. § 597.2645. “Consumer” defined. “Consumer” means:

1. A person who leases or purchases, other than for the purposes of resale, an assistive device;

2. A person to whom an assistive device is transferred during the period the express warranty of a manufacturer is in effect; or

3. Any other person who is entitled by the terms of the warranty to enforce its obligations.
Nev. Rev. Stat. § 597.2645. “Consumer” defined. “Consumer” means:

1. A person who leases or purchases, other than for the purposes of resale, an assistive device;

2. A person to whom an assistive device is transferred during the period the express warranty of a manufacturer is in effect; or

3. Any other person who is entitled by the terms of the warranty to enforce its obligations.

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Nev. Rev. Stat. § 597.2647. “Dealer” defined. “Dealer” means a person who sells or leases assistive devices to consumers.Nev. Rev. Stat. § 597.2647. “Dealer” defined. “Dealer” means a person who sells or leases assistive devices to consumers.

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Nev. Rev. Stat. § 597.265. “Manufacturer” defined. “Manufacturer” means a person who manufactures or assembles assistive devices or an agent of that person, including an importer or a distributor. The term does not include a dealer.Nev. Rev. Stat. § 597.265. “Manufacturer” defined. “Manufacturer” means a person who manufactures or assembles assistive devices or an agent of that person, including an importer or a distributor. The term does not include a dealer.

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Nev. Rev. Stat. § 597.2653. Manufacturer to provide express warranty for new assistive device; effective period of warranty; failure to provide warranty.1. A manufacturer who, directly or through a dealer, sells or leases to a consumer in this state an assistive device that has not been previously sold or leased shall provide an express warranty for that device. The express warranty does not:

(a) Take effect until the consumer takes possession of the device; and

(b) Expire less than 1 year after the delivery of the device to the consumer.

2. If a manufacturer fails to provide an express warranty required by this section, the assistive device shall be deemed to be covered by the express warranty of the manufacturer.
Nev. Rev. Stat. § 597.2653. Manufacturer to provide express warranty for new assistive device; effective period of warranty; failure to provide warranty.1. A manufacturer who, directly or through a dealer, sells or leases to a consumer in this state an assistive device that has not been previously sold or leased shall provide an express warranty for that device. The express warranty does not:

(a) Take effect until the consumer takes possession of the device; and

(b) Expire less than 1 year after the delivery of the device to the consumer.

2. If a manufacturer fails to provide an express warranty required by this section, the assistive device shall be deemed to be covered by the express warranty of the manufacturer.

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Nev. Rev. Stat. § 597.2655. Repair of assistive device not in conformance with express warranty. If an assistive device does not conform to the express warranty of the manufacturer and the consumer reports the nonconformity to the manufacturer or dealer and makes the assistive device available for repair before the expiration of the express warranty, the manufacturer or dealer shall make the repairs necessary to conform the assistive device to the express warranty without regard to whether the repairs will be made after the expiration of the express warranty.Nev. Rev. Stat. § 597.2655. Repair of assistive device not in conformance with express warranty. If an assistive device does not conform to the express warranty of the manufacturer and the consumer reports the nonconformity to the manufacturer or dealer and makes the assistive device available for repair before the expiration of the express warranty, the manufacturer or dealer shall make the repairs necessary to conform the assistive device to the express warranty without regard to whether the repairs will be made after the expiration of the express warranty.

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Nev. Rev. Stat. § 597.2657. Inability of manufacturer or dealer to conform assistive device to express warranty after reasonable number of repairs: Replacement or refund; presumptions.1. If, after a reasonable number of repairs, the manufacturer or dealer is unable to conform the assistive device to the express warranty and the defect or condition causing the nonconformity substantially impairs the use and value of the assistive device to the consumer and is not the result of abuse, neglect or unauthorized modifications or alterations of the assistive device by the consumer, the manufacturer shall:

(a) Replace the assistive device with an assistive device of the same model and having the same features as the replaced device, or if such a device cannot be delivered to the consumer within a reasonable period, a comparable assistive device substantially similar to the replaced device; or

(b) Accept the return of the assistive device from the consumer and refund to the consumer, within 30 days after the return of the device, the purchase price of the device, including all sales taxes and finance charges paid by the consumer, and any other expenses related to the purchase and use of the assistive device, less a reasonable allowance for use of the assistive device. As used in this paragraph “reasonable allowance for use” means that amount that is directly attributable to the use of the device by the consumer before his or her first report of the nonconformity to the manufacturer or dealer and during any subsequent period that the assistive device is not out of service for repairs.

2. It is presumed that a reasonable number of repairs have been undertaken to conform an assistive device to an applicable express warranty if:

(a) The same nonconformity has been subject to repair three or more times by the manufacturer or dealer within the time the express warranty is in effect, but the nonconformity continues to exist; or

(b) The assistive device is unavailable for use by the consumer because of a nonconformity for a cumulative total of 30 days or more within the period the express warranty is in effect, except that if the necessary repairs cannot be made for reasons which are beyond the control of the manufacturer or dealer, the number of days required to give rise to the presumption must be appropriately extended.
Nev. Rev. Stat. § 597.2657. Inability of manufacturer or dealer to conform assistive device to express warranty after reasonable number of repairs: Replacement or refund; presumptions.1. If, after a reasonable number of repairs, the manufacturer or dealer is unable to conform the assistive device to the express warranty and the defect or condition causing the nonconformity substantially impairs the use and value of the assistive device to the consumer and is not the result of abuse, neglect or unauthorized modifications or alterations of the assistive device by the consumer, the manufacturer shall:

(a) Replace the assistive device with an assistive device of the same model and having the same features as the replaced device, or if such a device cannot be delivered to the consumer within a reasonable period, a comparable assistive device substantially similar to the replaced device; or

(b) Accept the return of the assistive device from the consumer and refund to the consumer, within 30 days after the return of the device, the purchase price of the device, including all sales taxes and finance charges paid by the consumer, and any other expenses related to the purchase and use of the assistive device, less a reasonable allowance for use of the assistive device. As used in this paragraph “reasonable allowance for use” means that amount that is directly attributable to the use of the device by the consumer before his or her first report of the nonconformity to the manufacturer or dealer and during any subsequent period that the assistive device is not out of service for repairs.

2. It is presumed that a reasonable number of repairs have been undertaken to conform an assistive device to an applicable express warranty if:

(a) The same nonconformity has been subject to repair three or more times by the manufacturer or dealer within the time the express warranty is in effect, but the nonconformity continues to exist; or

(b) The assistive device is unavailable for use by the consumer because of a nonconformity for a cumulative total of 30 days or more within the period the express warranty is in effect, except that if the necessary repairs cannot be made for reasons which are beyond the control of the manufacturer or dealer, the number of days required to give rise to the presumption must be appropriately extended.

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Nev. Rev. Stat. § 597.266. Manufacturer to reimburse consumer for rental of assistive device in certain circumstances; action against dealer for failure to deliver assistive device for repair in timely manner.1. If an assistive device covered by an express warranty of a manufacturer is made available for repair pursuant to NRS 597.2655 and:

(a) The device is not repaired within 10 working days, including the day on which the assistive device is made available for repair; or

(b) The defect or malfunction that is the cause of nonconformity is the same defect or malfunction for which the assistive device has been made available for repair two or more times,

Ê the manufacturer shall provide to the consumer, for the duration of the period of repair, a reimbursement of not more than $30 each day for the rental of an assistive device.

2. If a dealer does not deliver the assistive device to the manufacturer in a timely manner that allows the manufacturer to repair the device within 10 working days, the manufacturer may bring an action against the dealer for reimbursement of any money that the manufacturer is required to pay to a consumer pursuant to subsection 1.
Nev. Rev. Stat. § 597.266. Manufacturer to reimburse consumer for rental of assistive device in certain circumstances; action against dealer for failure to deliver assistive device for repair in timely manner.1. If an assistive device covered by an express warranty of a manufacturer is made available for repair pursuant to NRS 597.2655 and:

(a) The device is not repaired within 10 working days, including the day on which the assistive device is made available for repair; or

(b) The defect or malfunction that is the cause of nonconformity is the same defect or malfunction for which the assistive device has been made available for repair two or more times,

Ê the manufacturer shall provide to the consumer, for the duration of the period of repair, a reimbursement of not more than $30 each day for the rental of an assistive device.

2. If a dealer does not deliver the assistive device to the manufacturer in a timely manner that allows the manufacturer to repair the device within 10 working days, the manufacturer may bring an action against the dealer for reimbursement of any money that the manufacturer is required to pay to a consumer pursuant to subsection 1.

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Nev. Rev. Stat. § 597.2663. Sale or lease of returned assistive device prohibited unless reason for return disclosed to prospective consumer. An assistive device that is returned to a manufacturer by a consumer in this state pursuant to NRS 597.2657 may not be sold or leased in this state unless the reason for the return of the assistive device is disclosed to the prospective consumer.Nev. Rev. Stat. § 597.2663. Sale or lease of returned assistive device prohibited unless reason for return disclosed to prospective consumer. An assistive device that is returned to a manufacturer by a consumer in this state pursuant to NRS 597.2657 may not be sold or leased in this state unless the reason for the return of the assistive device is disclosed to the prospective consumer.

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Nev. Rev. Stat. § 597.2665. Action for damages and equitable relief; costs and attorney’s fees.1. In addition to any other remedy available to a consumer, a consumer may bring an action to recover any damages caused by a manufacturer or dealer who violates any of the provisions of NRS 597.264 to 597.2667, inclusive.

2. The court shall award to the prevailing party not more than twice the amount of the damages, and costs, including attorney’s fees and any equitable relief that the court determines is appropriate.
Nev. Rev. Stat. § 597.2665. Action for damages and equitable relief; costs and attorney’s fees.1. In addition to any other remedy available to a consumer, a consumer may bring an action to recover any damages caused by a manufacturer or dealer who violates any of the provisions of NRS 597.264 to 597.2667, inclusive.

2. The court shall award to the prevailing party not more than twice the amount of the damages, and costs, including attorney’s fees and any equitable relief that the court determines is appropriate.

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Nev. Rev. Stat. § 597.2667. Rights and remedies not exclusive; waiver of rights void.1. The provisions of NRS 597.264 to 597.2667, inclusive, do not limit any rights or remedies a consumer may have pursuant to any other law or agreement.

2. A waiver by a consumer of any of the rights provided pursuant to NRS 597.264 to 597.2667, inclusive, is void.
Nev. Rev. Stat. § 597.2667. Rights and remedies not exclusive; waiver of rights void.1. The provisions of NRS 597.264 to 597.2667, inclusive, do not limit any rights or remedies a consumer may have pursuant to any other law or agreement.

2. A waiver by a consumer of any of the rights provided pursuant to NRS 597.264 to 597.2667, inclusive, is void.

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Nev. Rev. Stat. § 597.600. Repairs to Conform to Express Warranties - Definitions. As used in NRS 597.600 to 597.688, inclusive, unless the context otherwise requires:

1. “Buyer” means:

(a) A person who purchases or contracts to purchase, other than for purposes of resale, a motor vehicle normally used for personal, family or household purposes.

(b) Any person to whom the motor vehicle is transferred during the time a manufacturer’s express warranty applicable to the motor vehicle is in effect.

(c) Any other person entitled by the terms of the warranty to enforce its obligations.

2. Except as otherwise provided in this subsection, “motor vehicle” has the meaning ascribed to it in NRS 482.075. The term does not include motor homes or off-road vehicles except for the purposes of NRS 597.680.
Nev. Rev. Stat. § 597.600. Repairs to Conform to Express Warranties - Definitions. As used in NRS 597.600 to 597.688, inclusive, unless the context otherwise requires:

1. “Buyer” means:

(a) A person who purchases or contracts to purchase, other than for purposes of resale, a motor vehicle normally used for personal, family or household purposes.

(b) Any person to whom the motor vehicle is transferred during the time a manufacturer’s express warranty applicable to the motor vehicle is in effect.

(c) Any other person entitled by the terms of the warranty to enforce its obligations.

2. Except as otherwise provided in this subsection, “motor vehicle” has the meaning ascribed to it in NRS 482.075. The term does not include motor homes or off-road vehicles except for the purposes of NRS 597.680.

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Nev. Rev. Stat. § 597.610. Report of defect in motor vehicle; duty of manufacturer. If a new motor vehicle does not conform to all of the manufacturer’s applicable express warranties and the buyer reports the nonconformity in writing to the manufacturer:

1. Before the expiration of the manufacturer’s express warranties; or

2. No later than 1 year after the date the motor vehicle is delivered to the original buyer,

Ê whichever occurs earlier, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to the express warranties without regard to whether the repairs will be made after the expiration of the express warranty or the time described in subsection 2.
Nev. Rev. Stat. § 597.610. Report of defect in motor vehicle; duty of manufacturer. If a new motor vehicle does not conform to all of the manufacturer’s applicable express warranties and the buyer reports the nonconformity in writing to the manufacturer:

1. Before the expiration of the manufacturer’s express warranties; or

2. No later than 1 year after the date the motor vehicle is delivered to the original buyer,

Ê whichever occurs earlier, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to the express warranties without regard to whether the repairs will be made after the expiration of the express warranty or the time described in subsection 2.

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Nev. Rev. Stat. § 597.620. Submission of claim to manufacturer for replacement or refund according to designated procedure. If the manufacturer has established or designated a procedure for settling disputes informally which substantially complies with the provisions of Title 16 of the Code of Federal Regulations, Part 703, a buyer must first submit his or her claim for replacement of the motor vehicle or for refund of the purchase price under that procedure before bringing any action under NRS 597.630.Nev. Rev. Stat. § 597.620. Submission of claim to manufacturer for replacement or refund according to designated procedure. If the manufacturer has established or designated a procedure for settling disputes informally which substantially complies with the provisions of Title 16 of the Code of Federal Regulations, Part 703, a buyer must first submit his or her claim for replacement of the motor vehicle or for refund of the purchase price under that procedure before bringing any action under NRS 597.630.

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Nev. Rev. Stat. § 597.630. Duties of manufacturer if motor vehicle cannot be conformed to express warranties.1. If, after a reasonable number of attempts, the manufacturer, or its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repair or correction and the defect or condition causing the nonconformity substantially impairs the use and value of the motor vehicle to the buyer and is not the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle, the manufacturer shall:

(a) Replace the motor vehicle with a comparable motor vehicle of the same model and having the same features as the replaced vehicle, or if such a vehicle cannot be delivered to the buyer within a reasonable time, then a comparable motor vehicle substantially similar to the replaced vehicle; or

(b) Accept return of the motor vehicle from the buyer and refund to him or her the full purchase price including all sales taxes, license fees, registration fees and other similar governmental charges, less a reasonable allowance for his or her use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the buyer before his or her first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service for repairs. Refunds must be made to the buyer, and lienholder if any, as their interests may appear.

2. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties where:

(a) The same nonconformity has been subject to repair four or more times by the manufacturer, or its agent or authorized dealer within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, but the nonconformity continues to exist; or

(b) The motor vehicle is out of service for repairs for a cumulative total of 30 or more calendar days within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, except that if the necessary repairs cannot be made for reasons which are beyond the control of the manufacturer or its agent or authorized dealer, the number of days required to give rise to the presumption must be appropriately extended.
Nev. Rev. Stat. § 597.630. Duties of manufacturer if motor vehicle cannot be conformed to express warranties.1. If, after a reasonable number of attempts, the manufacturer, or its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repair or correction and the defect or condition causing the nonconformity substantially impairs the use and value of the motor vehicle to the buyer and is not the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle, the manufacturer shall:

(a) Replace the motor vehicle with a comparable motor vehicle of the same model and having the same features as the replaced vehicle, or if such a vehicle cannot be delivered to the buyer within a reasonable time, then a comparable motor vehicle substantially similar to the replaced vehicle; or

(b) Accept return of the motor vehicle from the buyer and refund to him or her the full purchase price including all sales taxes, license fees, registration fees and other similar governmental charges, less a reasonable allowance for his or her use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the buyer before his or her first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service for repairs. Refunds must be made to the buyer, and lienholder if any, as their interests may appear.

2. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties where:

(a) The same nonconformity has been subject to repair four or more times by the manufacturer, or its agent or authorized dealer within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, but the nonconformity continues to exist; or

(b) The motor vehicle is out of service for repairs for a cumulative total of 30 or more calendar days within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, except that if the necessary repairs cannot be made for reasons which are beyond the control of the manufacturer or its agent or authorized dealer, the number of days required to give rise to the presumption must be appropriately extended.

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Nev. Rev. Stat. § 597.640. Tolling of period for express warranties.For the purposes of NRS 597.600 to 597.670, inclusive, the running of the time an express warranty is in effect or of any other period of time described in those sections is tolled for the time during which services to repair the motor vehicle are not reasonably available to the buyer because of a war, invasion or strike, or because of a fire, flood or other natural disaster.Nev. Rev. Stat. § 597.640. Tolling of period for express warranties.For the purposes of NRS 597.600 to 597.670, inclusive, the running of the time an express warranty is in effect or of any other period of time described in those sections is tolled for the time during which services to repair the motor vehicle are not reasonably available to the buyer because of a war, invasion or strike, or because of a fire, flood or other natural disaster.

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Nev. Rev. Stat. § 597.650. Commencement of action by buyer.Any action brought pursuant to NRS 597.600 to 597.630, inclusive, must be commenced within 18 months after the date of the original delivery of the motor vehicle to the buyer.Nev. Rev. Stat. § 597.650. Commencement of action by buyer.Any action brought pursuant to NRS 597.600 to 597.630, inclusive, must be commenced within 18 months after the date of the original delivery of the motor vehicle to the buyer.

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Nev. Rev. Stat. § 597.660. Waiver of rights by buyer prohibited. Any provision in any agreement between the manufacturer or its agent or authorized dealer and the buyer which provides that the buyer agrees to waive or forego any rights or remedies afforded by NRS 597.600 to 597.630, inclusive, is void.Nev. Rev. Stat. § 597.660. Waiver of rights by buyer prohibited. Any provision in any agreement between the manufacturer or its agent or authorized dealer and the buyer which provides that the buyer agrees to waive or forego any rights or remedies afforded by NRS 597.600 to 597.630, inclusive, is void.

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Nev. Rev. Stat. § 597.670. Effect on other rights and remedies of buyer. The provisions of NRS 597.600 to 597.630, inclusive, do not limit any other right or remedy which the buyer may have by law or by agreement.Nev. Rev. Stat. § 597.670. Effect on other rights and remedies of buyer. The provisions of NRS 597.600 to 597.630, inclusive, do not limit any other right or remedy which the buyer may have by law or by agreement.

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Nev. Rev. Stat. § 597.675. Notification of manufacturer regarding change in residential address.Any person entitled by the terms of a manufacturer’s express warranty to enforce its obligations is responsible for notifying the manufacturer of any change in his or her residential address.Nev. Rev. Stat. § 597.675. Notification of manufacturer regarding change in residential address.Any person entitled by the terms of a manufacturer’s express warranty to enforce its obligations is responsible for notifying the manufacturer of any change in his or her residential address.

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Nev. Rev. Stat. § 597.680. Reimbursement by manufacturer for cost of repairs to conform vehicle to express warranties. The manufacturer shall reimburse its agent or authorized dealer for the cost of repairs made to a motor vehicle to conform it to the manufacturer’s express warranties. The reimbursement must be paid at the rate usually billed by the agent or dealer to the general public for similar repairs.Nev. Rev. Stat. § 597.680. Reimbursement by manufacturer for cost of repairs to conform vehicle to express warranties. The manufacturer shall reimburse its agent or authorized dealer for the cost of repairs made to a motor vehicle to conform it to the manufacturer’s express warranties. The reimbursement must be paid at the rate usually billed by the agent or dealer to the general public for similar repairs.

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Nev. Rev. Stat. § 597.682. Lemon Law Buyback: General duties regarding retitling, notice and disclosures.1. A manufacturer, or its agent or authorized dealer, who reacquires a motor vehicle pursuant NRS 597.630 that was registered in this State, or any other state, the District of Columbia or any territory or possession of the United States, or who assists a lienholder in reacquiring such a motor vehicle, shall, before selling, leasing or transferring ownership of the motor vehicle in this State or exporting the motor vehicle to another state for sale, lease or transfer:

(a) Cause the motor vehicle to be retitled in the name of the manufacturer;

(b) Request the Department of Motor Vehicles to inscribe the certificate of ownership for the motor vehicle with the notation “Lemon Law Buyback”; and

(c) Affix a decal to the motor vehicle in accordance with subsection 6.

2. Any manufacturer who reacquires, or assists a dealer or lienholder in reacquiring, a motor vehicle in response to a request by the buyer or lessee that the motor vehicle be replaced or accepted for a refund because the motor vehicle did not conform to express warranties shall, before the sale, lease or other transfer of the motor vehicle, execute and deliver to the subsequent transferee a notice and obtain the transferee’s written acknowledgment of the notice in accordance with NRS 597.684.

3. Any person, including any dealer, who acquires a motor vehicle for resale and knows that the motor vehicle was reacquired by the manufacturer of the motor vehicle pursuant to NRS 597.630 shall, before the sale, lease or other transfer, execute and deliver to the subsequent transferee a notice and obtain the transferee’s written acknowledgment of the notice in accordance with NRS 597.684.

4. Any person, including any manufacturer or dealer, who sells, leases or transfers ownership of a motor vehicle when the certificate of ownership for the motor vehicle is inscribed with the notation “Lemon Law Buyback” shall, before the sale, lease, or ownership transfer of the motor vehicle, submit to the transferee a written disclosure signed by the transferee stating that:



THIS VEHICLE WAS REPURCHASED BY ITS MANUFACTURER BECAUSE OF A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY INSCRIBED WITH THE NOTATION “LEMON LAW BUYBACK.”



5. The requirements for disclosure set forth in subsections 1, 2 and 3 are in addition to any other notice requirements for consumers and do not relieve any person, including any dealer or manufacturer, from complying with any other applicable law.

6. The decal required pursuant to subsection 1 must be affixed to the left front doorframe of the motor vehicle or, if the motor vehicle does not have a left front doorframe, in a location designated by the Department of Motor Vehicles. The decal must specify that the certificate of title to the motor vehicle has been permanently inscribed with the notation “Lemon Law Buyback.” A person shall not knowingly remove or alter any decal affixed to a motor vehicle pursuant to this subsection, regardless of whether the motor vehicle is licensed pursuant to this chapter.
Nev. Rev. Stat. § 597.682. Lemon Law Buyback: General duties regarding retitling, notice and disclosures.1. A manufacturer, or its agent or authorized dealer, who reacquires a motor vehicle pursuant NRS 597.630 that was registered in this State, or any other state, the District of Columbia or any territory or possession of the United States, or who assists a lienholder in reacquiring such a motor vehicle, shall, before selling, leasing or transferring ownership of the motor vehicle in this State or exporting the motor vehicle to another state for sale, lease or transfer:

(a) Cause the motor vehicle to be retitled in the name of the manufacturer;

(b) Request the Department of Motor Vehicles to inscribe the certificate of ownership for the motor vehicle with the notation “Lemon Law Buyback”; and

(c) Affix a decal to the motor vehicle in accordance with subsection 6.

2. Any manufacturer who reacquires, or assists a dealer or lienholder in reacquiring, a motor vehicle in response to a request by the buyer or lessee that the motor vehicle be replaced or accepted for a refund because the motor vehicle did not conform to express warranties shall, before the sale, lease or other transfer of the motor vehicle, execute and deliver to the subsequent transferee a notice and obtain the transferee’s written acknowledgment of the notice in accordance with NRS 597.684.

3. Any person, including any dealer, who acquires a motor vehicle for resale and knows that the motor vehicle was reacquired by the manufacturer of the motor vehicle pursuant to NRS 597.630 shall, before the sale, lease or other transfer, execute and deliver to the subsequent transferee a notice and obtain the transferee’s written acknowledgment of the notice in accordance with NRS 597.684.

4. Any person, including any manufacturer or dealer, who sells, leases or transfers ownership of a motor vehicle when the certificate of ownership for the motor vehicle is inscribed with the notation “Lemon Law Buyback” shall, before the sale, lease, or ownership transfer of the motor vehicle, submit to the transferee a written disclosure signed by the transferee stating that:



THIS VEHICLE WAS REPURCHASED BY ITS MANUFACTURER BECAUSE OF A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY INSCRIBED WITH THE NOTATION “LEMON LAW BUYBACK.”



5. The requirements for disclosure set forth in subsections 1, 2 and 3 are in addition to any other notice requirements for consumers and do not relieve any person, including any dealer or manufacturer, from complying with any other applicable law.

6. The decal required pursuant to subsection 1 must be affixed to the left front doorframe of the motor vehicle or, if the motor vehicle does not have a left front doorframe, in a location designated by the Department of Motor Vehicles. The decal must specify that the certificate of title to the motor vehicle has been permanently inscribed with the notation “Lemon Law Buyback.” A person shall not knowingly remove or alter any decal affixed to a motor vehicle pursuant to this subsection, regardless of whether the motor vehicle is licensed pursuant to this chapter.

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Nev. Rev. Stat. § 597.684. Lemon Law Buyback: Form of notice.1. The notice required pursuant to subsections 1, 2 and 3 of NRS 597.682 must be prepared by the manufacturer of the reacquired motor vehicle and specify:

(a) The year, make, model and vehicle identification number of the motor vehicle.

(b) Whether the certificate of title for the motor vehicle has been inscribed with the notation “Lemon Law Buyback.”

(c) The nature of each nonconformity reported by the original buyer or lessee of the motor vehicle.

(d) The repairs, if any, made to the motor vehicle in an attempt to correct each nonconformity reported by the original buyer or lessee.

2. The notice must be included on a form 8 1/2 x 11 inches in size and printed in a size equal to at least 10-point black type on a white background. The form must only contain the following information and be completed by the manufacturer:



WARRANTY BUYBACK NOTICE

(Check One)

/__/ This vehicle was repurchased by the vehicle’s manufacturer after the last retail owner or lessee requested its repurchase because of the problems listed below.

/__/ THIS VEHICLE WAS REPURCHASED BY ITS MANUFACTURER BECAUSE OF A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY INSCRIBED WITH THE NOTATION “LEMON LAW BUYBACK.” Under Nevada law, the manufacturer must warrant to you, for 1 year, that the vehicle is free of the problems listed below.



V.I.N.


Year


Make


Model












Problem(s) Reported by Original Owner








Repairs Made, if any, to Correct Reported Problem(s)







Signature of Manufacturer Date

..................................................................



Signature of Dealers Date

..................................................................



..................................................................



Signature of Retail Buyer or Lessee Date

..................................................................



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Nev. Rev. Stat. § 597.684. Lemon Law Buyback: Form of notice.1. The notice required pursuant to subsections 1, 2 and 3 of NRS 597.682 must be prepared by the manufacturer of the reacquired motor vehicle and specify:

(a) The year, make, model and vehicle identification number of the motor vehicle.

(b) Whether the certificate of title for the motor vehicle has been inscribed with the notation “Lemon Law Buyback.”

(c) The nature of each nonconformity reported by the original buyer or lessee of the motor vehicle.

(d) The repairs, if any, made to the motor vehicle in an attempt to correct each nonconformity reported by the original buyer or lessee.

2. The notice must be included on a form 8 1/2 x 11 inches in size and printed in a size equal to at least 10-point black type on a white background. The form must only contain the following information and be completed by the manufacturer:



WARRANTY BUYBACK NOTICE

(Check One)

/__/ This vehicle was repurchased by the vehicle’s manufacturer after the last retail owner or lessee requested its repurchase because of the problems listed below.

/__/ THIS VEHICLE WAS REPURCHASED BY ITS MANUFACTURER BECAUSE OF A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY INSCRIBED WITH THE NOTATION “LEMON LAW BUYBACK.” Under Nevada law, the manufacturer must warrant to you, for 1 year, that the vehicle is free of the problems listed below.



V.I.N.


Year


Make


Model












Problem(s) Reported by Original Owner








Repairs Made, if any, to Correct Reported Problem(s)







Signature of Manufacturer Date

..................................................................



Signature of Dealers Date

..................................................................



..................................................................



Signature of Retail Buyer or Lessee Date

..................................................................



..................................................................

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Nev. Rev. Stat. § 597.686. Lemon Law Buyback: Prohibition against certain nondisclosure agreements.1. A manufacturer, importer, distributor, dealer or lienholder who reacquires or assists in reacquiring a motor vehicle, whether by judgment, decree, arbitration award, settlement agreement or voluntary agreement, shall not:

(a) Require, as a condition of the reacquisition of the motor vehicle, a buyer or lessee who is a resident of this State to agree to refrain from disclosing the problems with the motor vehicle experienced by the buyer or lessee or the nonfinancial terms of the reacquisition.

(b) Include, in any release or other agreement, whether prepared by the manufacturer, importer, distributor, dealer or lienholder, for signature by the buyer or lessee, a confidentiality clause, gag clause or similar clause prohibiting the buyer or lessee from disclosing information to any other person concerning the problems with the motor vehicle or the nonfinancial terms of the reacquisition of the motor vehicle by the manufacturer, importer, distributor, dealer or lienholder.

2. Any confidentiality clause, gag clause or similar clause included in the release or other agreement in violation of this section is void.

3. The provisions of this section do not prohibit the inclusion within the release or other agreement any confidentiality clause, gag clause or similar clause regarding the financial terms of the reacquisition of the motor vehicle.
Nev. Rev. Stat. § 597.686. Lemon Law Buyback: Prohibition against certain nondisclosure agreements.1. A manufacturer, importer, distributor, dealer or lienholder who reacquires or assists in reacquiring a motor vehicle, whether by judgment, decree, arbitration award, settlement agreement or voluntary agreement, shall not:

(a) Require, as a condition of the reacquisition of the motor vehicle, a buyer or lessee who is a resident of this State to agree to refrain from disclosing the problems with the motor vehicle experienced by the buyer or lessee or the nonfinancial terms of the reacquisition.

(b) Include, in any release or other agreement, whether prepared by the manufacturer, importer, distributor, dealer or lienholder, for signature by the buyer or lessee, a confidentiality clause, gag clause or similar clause prohibiting the buyer or lessee from disclosing information to any other person concerning the problems with the motor vehicle or the nonfinancial terms of the reacquisition of the motor vehicle by the manufacturer, importer, distributor, dealer or lienholder.

2. Any confidentiality clause, gag clause or similar clause included in the release or other agreement in violation of this section is void.

3. The provisions of this section do not prohibit the inclusion within the release or other agreement any confidentiality clause, gag clause or similar clause regarding the financial terms of the reacquisition of the motor vehicle.

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Nev. Rev. Stat. § 597.688. Lemon Law Buyback: Civil action. A person who incurs an injury or damages as the proximate result of a violation of the provisions of NRS 597.682, 597.684 or 597.686 may commence an action in a court of competent jurisdiction for the recovery of his or her actual damages, costs and reasonable attorney’s fees and for any punitive damages that the facts may warrant.Nev. Rev. Stat. § 597.688. Lemon Law Buyback: Civil action. A person who incurs an injury or damages as the proximate result of a violation of the provisions of NRS 597.682, 597.684 or 597.686 may commence an action in a court of competent jurisdiction for the recovery of his or her actual damages, costs and reasonable attorney’s fees and for any punitive damages that the facts may warrant.

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Nev. Rev. Stat. § 597.690. Manufacturer required to remedy defects in vehicle related to safety without charge.1. Every manufacturer of a vehicle who furnishes notification to the registered owner of the vehicle of any defect in the vehicle related to vehicle safety shall, notwithstanding the limitations of any warranty relating to such vehicle, correct such defect at the manufacturer’s expense and without charge to the registered owner of the vehicle if the vehicle is returned to any vehicle dealer franchised by the manufacturer to market the vehicle, or, at the election of the manufacturer, reimburse the registered owner for the actual cost of making such correction.

2. This section does not require a vehicle dealer to make the required correction if the manufacturer has failed to make available to the dealer the parts needed to make the correction.
Nev. Rev. Stat. § 597.690. Manufacturer required to remedy defects in vehicle related to safety without charge.1. Every manufacturer of a vehicle who furnishes notification to the registered owner of the vehicle of any defect in the vehicle related to vehicle safety shall, notwithstanding the limitations of any warranty relating to such vehicle, correct such defect at the manufacturer’s expense and without charge to the registered owner of the vehicle if the vehicle is returned to any vehicle dealer franchised by the manufacturer to market the vehicle, or, at the election of the manufacturer, reimburse the registered owner for the actual cost of making such correction.

2. This section does not require a vehicle dealer to make the required correction if the manufacturer has failed to make available to the dealer the parts needed to make the correction.

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Nev. Rev. Stat. § 597.711. CHILDREN’S PRODUCTS SUBJECT TO RECALL OR WARNING - Definitions.As used in NRS 597.711 to 597.7118, inclusive, unless the context otherwise requires, the words and terms defined in NRS 597.7112 to 597.7116, inclusive, have the meanings ascribed to them in those sections.

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Nev. Rev. Stat. § 597.7112. “Children’s product” defined. “Children’s product” means a consumer product that is designed or intended:

1. For the care of or use by a child under 12 years of age; or

2. To come into physical contact with a child under 12 years of age at the time the product is used.

Ê For the purposes of this subsection, “children’s product” does not include soap or any medication, drug, food or other product that is intended to be ingested or that is regulated by the Food and Drug Administration of the United States Department of Health and Human Services.

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Nev. Rev. Stat. § 597.7114. “Retailer” defined. “Retailer” means a person who, in the ordinary course of business, advertises, sells or offers for sale, leases, sublets or otherwise distributes a new or used children’s product to consumers in this State, including, without limitation, thrift stores, second-hand stores and consignment stores.

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Nev. Rev. Stat. § 597.7116. “Warning” defined. “Warning” means a communication which is about a health or safety hazard that a children’s product poses to consumers and which is:

1. Directed to a retailer; and

2. Intended to inform the retailer about the health or safety hazard, instruct the retailer to remove the children’s product from the retailer’s inventory or provide the retailer with a method to eliminate the health or safety hazard from the children’s product.

Ê For the purposes of this section, “warning” does not include a communication which is directed to consumers and affixed to the children’s product or any packaging material for the children’s product or provided by the retailer to the consumer as part of a transaction relating to the children’s product.

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Nev. Rev. Stat. § 597.7118. Sale of children’s products subject to recall or warning prohibited; duties of retailer.1. A retailer shall not advertise, sell or offer for sale, lease, sublet or otherwise distribute a children’s product to consumers in this State if the children’s product is:

(a) Subject to a recall notice issued by or in cooperation with the United States Consumer Product Safety Commission or its successor agency; or

(b) The subject of a warning issued by the manufacturer of the children’s product or the United States Consumer Product Safety Commission or its successor agency indicating that the intended use of the children’s product constitutes a health or safety hazard, unless the retailer has eliminated the hazard in strict compliance with any standards and instructions that are provided in or related to the warning.

2. A retailer shall:

(a) Subscribe to or arrange to receive recall notices and warnings issued by the United States Consumer Product Safety Commission or its successor agency and manufacturers from whom the retailer receives children’s products;

(b) Dispose of any children’s product identified in a recall notice or a warning issued by or in cooperation with the United States Consumer Product Safety Commission or its successor agency or the manufacturer of the children’s product in strict compliance with disposal instructions included with or related to the recall notice or the warning; and

(c) Comply strictly with instructions issued with or related to a recall notice or a warning issued by the United States Consumer Product Safety Commission or its successor agency or the manufacturer of the children’s product for the return, repair, retrofitting, labeling or remediation of any children’s product.

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Nev. Rev. Stat. § 597.712. INFANT CRIB SAFETY ACT - Short title. NRS 597.712 to 597.7128, inclusive, may be referred to as the Infant Crib Safety Act.

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Nev. Rev. Stat. § 597.7121. Definitions.As used in NRS 597.712 to 597.7128, inclusive, unless the context otherwise requires, the words and terms defined in NRS 597.7122, 597.7123 and 597.7124 have the meanings ascribed to them in those sections.

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Nev. Rev. Stat. § 597.7122. “Commercial user” defined. “Commercial user” means any person, firm, corporation, association or nonprofit corporation, or any agent or employee thereof, including, without limitation, a child care facility licensed and in good standing pursuant to chapter 432A of NRS, who:

1. Deals in cribs of the kind governed by NRS 597.712 to 597.7128, inclusive;

2. By virtue of the person’s occupation, purports to have knowledge or skill peculiar to cribs of the kind governed by NRS 597.712 to 597.7128, inclusive; or

3. Is in the business of remanufacturing, retrofitting, selling, leasing, subletting or otherwise placing cribs in the stream of commerce.

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Nev. Rev. Stat. § 597.7123. “Crib” defined. “Crib” means:

1. Any full-size baby crib as described in 16 C.F.R. § 1508.3; or

2. Any non-full-size baby crib as that term is defined in 16 C.F.R. § 1509.2(b).

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Nev. Rev. Stat. § 597.7124. “Infant” defined. “Infant” means a child who is under 3 years of age.

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Nev. Rev. Stat. § 597.7125. Sale of unsafe crib prohibited; standards for crib safety.1. A person, including, without limitation, a commercial user, shall not remanufacture, retrofit, sell, contract to sell or resell, lease, sublet or otherwise place in the stream of commerce a crib that is unsafe for use by an infant.

2. A crib is presumed to be unsafe if it does not conform to the standards set forth in:

(a) 16 C.F.R. Part 1303;

(b) 16 C.F.R. Part 1508;

(c) 16 C.F.R. Part 1509; and

(d) The American Society for Testing and Materials voluntary standards F966-90, F1169.88 and F406.

3. Cribs that are presumed to be unsafe pursuant to subsection 2 also include, without limitation, cribs with one or more of the following features or characteristics:

(a) Corner posts that extend more than 1/16 of an inch;

(b) Spaces between side slats more than 2 3/8 inches;

(c) Mattress supports that can be easily dislodged from any point of the crib;

(d) Cutout designs on the end panels;

(e) Rail height dimensions that do not conform to the following:

(1) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least 9 inches; or

(2) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least 26 inches;

(f) Any screw, bolt or hardware that is loose or not secured;

(g) Sharp edges, points, rough surfaces or any wood surfaces that are not smooth and free from splinters, splits or cracks; or

(h) Tears in mesh or fabric sides.

4. For the purposes of paragraph (c) of subsection 3, a mattress support is deemed to be easily dislodged if it cannot withstand a 25-pound upward force from beneath the crib.

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Nev. Rev. Stat. § 597.7126. Penalty.1. A commercial user who willfully and knowingly sells, leases or otherwise places in the stream of commerce an unsafe crib as described in NRS 597.7125 commits an offense punishable by a fine not to exceed $1,000.

2. A person other than a commercial user who willfully and knowingly sells, leases or otherwise places in the stream of commerce an unsafe crib as described in NRS 597.7125 commits an offense punishable by a fine not to exceed $200.

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Nev. Rev. Stat. § 597.7127. Exception for antique or vintage crib.1. The provisions of NRS 597.712 to 597.7126, inclusive, do not apply to any antique or vintage crib if the antique or vintage crib is:

(a) Not intended for use by an infant; and

(b) At the time of remanufacturing, retrofitting, selling, leasing, subletting or otherwise placing in the stream of commerce, is accompanied with a written notice provided by the commercial user stating that the crib is not intended for use by an infant and that the crib is dangerous for use by an infant.

2. A commercial user who complies with the notice requirement in subsection 1 shall not be held liable for any death or injury as a result of the use of an antique or vintage crib in a manner inconsistent with the warning provided in the written notice.

3. As used in this section, “antique or vintage crib” means a crib that is:

(a) Fifty years or older, as measured from the current year;

(b) Maintained as a collector’s item; and

(c) Not intended for use by an infant.

(Added to NRS by 2009, 2443)

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Nev. Rev. Stat. § 597.7128. Civil remedies. In addition to any other remedy provided by law, any person may maintain an action against a commercial user who violates the provisions of NRS 597.7125, seek to enjoin the remanufacture, retrofitting, sale, contract to sell or resell, lease or subletting of a crib that is unsafe for an infant and seek reasonable attorney’s fees and costs.

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Nev. Rev. Stat. § 597.812. DEVICES FOR AUTOMATIC DIALING AND ANNOUNCING - “Device for automatic dialing and announcing” defined. As used in NRS 597.812 to 597.818, inclusive, “device for automatic dialing and announcing” means any equipment that:

1. Incorporates a storage capability of telephone numbers to be called and utilizes a random or sequential number generator producing telephone numbers to be called; and

2. Is used exclusively, working alone or in conjunction with other equipment, to disseminate a prerecorded message to the telephone number called to solicit a person at the telephone number called to purchase goods or services.
Nev. Rev. Stat. § 597.812. DEVICES FOR AUTOMATIC DIALING AND ANNOUNCING - “Device for automatic dialing and announcing” defined. As used in NRS 597.812 to 597.818, inclusive, “device for automatic dialing and announcing” means any equipment that:

1. Incorporates a storage capability of telephone numbers to be called and utilizes a random or sequential number generator producing telephone numbers to be called; and

2. Is used exclusively, working alone or in conjunction with other equipment, to disseminate a prerecorded message to the telephone number called to solicit a person at the telephone number called to purchase goods or services.

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Nev. Rev. Stat. § 597.814. Use prohibited; exceptions; restrictions.1. Except as otherwise provided in subsection 3 and NRS 597.816, a person shall not use a device for automatic dialing and announcing to disseminate a prerecorded message in a telephone call unless, before the message is disseminated, a recorded or unrecorded natural voice:

(a) Informs the person who answers the telephone call of the nature of the call, including, without limitation, the fact that a device for automatic dialing and announcing will be used to disseminate the message if the person who answers the call remains on the line; and

(b) Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, being represented by the caller.

2. A person shall not operate a device for automatic dialing and announcing to place:

(a) A call that is received by a telephone located in this State during the period between 8 p.m. and 9 a.m.; or

(b) A call-back or second call to the same telephone number if a person at the telephone number terminated the original call.

3. This section does not prohibit the use of a device for automatic dialing and announcing to dial the number of and play a recorded message to a person with whom the person using the device or another person affiliated with the person using the device has a preexisting business relationship.
Nev. Rev. Stat. § 597.814. Use prohibited; exceptions; restrictions.1. Except as otherwise provided in subsection 3 and NRS 597.816, a person shall not use a device for automatic dialing and announcing to disseminate a prerecorded message in a telephone call unless, before the message is disseminated, a recorded or unrecorded natural voice:

(a) Informs the person who answers the telephone call of the nature of the call, including, without limitation, the fact that a device for automatic dialing and announcing will be used to disseminate the message if the person who answers the call remains on the line; and

(b) Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, being represented by the caller.

2. A person shall not operate a device for automatic dialing and announcing to place:

(a) A call that is received by a telephone located in this State during the period between 8 p.m. and 9 a.m.; or

(b) A call-back or second call to the same telephone number if a person at the telephone number terminated the original call.

3. This section does not prohibit the use of a device for automatic dialing and announcing to dial the number of and play a recorded message to a person with whom the person using the device or another person affiliated with the person using the device has a preexisting business relationship.

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Nev. Rev. Stat. § 597.816. Additional exceptions to prohibition of use. The provisions of NRS 597.814 do not prohibit the use of a device for automatic dialing and announcing by any person exclusively on behalf of:

1. A school or school district to contact the parents or guardians of a pupil regarding the attendance of the pupil or regarding other business of the school or school district.

2. A nonprofit organization.

3. A company that provides cable television services to contact its customers regarding a previously arranged installation of such services at the premises of the customer.

4. A public utility to contact its customers regarding a previously arranged installation of utility services at the premises of the customer.

5. A facility that processes or stores petroleum, volatile petroleum products, natural gas, liquefied petroleum gas, combustible chemicals, explosives, high-level radioactive waste or other dangerous substances to advise local residents, public service agencies and news media of an actual or potential life-threatening emergency.

6. A state or local governmental agency, or a private entity operating under contract with and at the direction of such an agency, to provide:

(a) Information relating to public safety;

(b) Information relating to a police or fire emergency; or

(c) A warning of an impending or threatening emergency.

7. A candidate for public office, committee advocating the passage or defeat of a ballot question, political party, committee sponsored by a political party or a committee for political action.
Nev. Rev. Stat. § 597.816. Additional exceptions to prohibition of use. The provisions of NRS 597.814 do not prohibit the use of a device for automatic dialing and announcing by any person exclusively on behalf of:

1. A school or school district to contact the parents or guardians of a pupil regarding the attendance of the pupil or regarding other business of the school or school district.

2. A nonprofit organization.

3. A video service provider that provides cable television or other video services to contact its customers regarding a previously arranged installation of such services at the premises of the customer.

4. A public utility to contact its customers regarding a previously arranged installation of utility services at the premises of the customer.

5. A facility that processes or stores petroleum, volatile petroleum products, natural gas, liquefied petroleum gas, combustible chemicals, explosives, high-level radioactive waste or other dangerous substances to advise local residents, public service agencies and news media of an actual or potential life-threatening emergency.

6. A state or local governmental agency, or a private entity operating under contract with and at the direction of such an agency, to provide:

(a) Information relating to public safety;

(b) Information relating to a police or fire emergency; or

(c) A warning of an impending or threatening emergency.

7. A candidate for public office, committee advocating the passage or defeat of a ballot question, political party, committee sponsored by a political party or a committee for political action.

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Nev. Rev. Stat. § 597.818. Penalty.1. A person who violates any provision of NRS 597.814 is guilty of a misdemeanor.

2. If a person is found guilty or guilty but mentally ill of, or has pleaded guilty, guilty but mentally ill or nolo contendere to, violating any provision of NRS 597.814, his or her telephone service to which a device for automatic dialing and announcing has been connected must be suspended for a period determined by the court.
Nev. Rev. Stat. § 597.818. Penalty.1. A person who violates any provision of NRS 597.814 is guilty of a misdemeanor.

2. If a person is found guilty or guilty but mentally ill of, or has pleaded guilty, guilty but mentally ill or nolo contendere to, violating any provision of NRS 597.814, his or her telephone service to which a device for automatic dialing and announcing has been connected must be suspended for a period determined by the court.

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Nev. Rev. Stat. § 597.820. MISCELLANEOUS PROVISIONS - Profiteering in articles on which there is sales tax; penalty.1. No person, dealer, firm, agency, partnership, corporation, service station, garage, or business concern of any kind, wholesale or retail, shall add to the selling price of any article of merchandise, commodity, service or utility, motor part or accessory, tire, gasoline or other motor fuel or lubricating liquid, or any article whatsoever upon which there is or hereafter may be a sales tax, either federal or state, when sold, offered or exposed for sale, trade or barter in this State, more than the actual amount of such sales tax in the smallest unit under which any of such articles is offered for sale or sold; provided, that where such sales tax in case of units of any such merchandise or articles amounts to less than 1 cent, 1 cent and no more may be added to the price of the unit when sold.

2. A violation of the provisions of subsection 1 shall be a misdemeanor.
Nev. Rev. Stat. § 597.820. MISCELLANEOUS PROVISIONS - Profiteering in articles on which there is sales tax; penalty.1. No person, dealer, firm, agency, partnership, corporation, service station, garage, or business concern of any kind, wholesale or retail, shall add to the selling price of any article of merchandise, commodity, service or utility, motor part or accessory, tire, gasoline or other motor fuel or lubricating liquid, or any article whatsoever upon which there is or hereafter may be a sales tax, either federal or state, when sold, offered or exposed for sale, trade or barter in this State, more than the actual amount of such sales tax in the smallest unit under which any of such articles is offered for sale or sold; provided, that where such sales tax in case of units of any such merchandise or articles amounts to less than 1 cent, 1 cent and no more may be added to the price of the unit when sold.

2. A violation of the provisions of subsection 1 shall be a misdemeanor.

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Nev. Rev. Stat. § 597.830. Unlawful additions to entertainment or amusement tax; penalty.1. If a federal or state tax is imposed on an admission to or on a ticket sold for a public entertainment or amusement of any kind in this state, it shall be unlawful to add to the price of the admission or ticket more than the actual amount of the tax.

2. A violation of the provisions of subsection 1 shall be a misdemeanor.
Nev. Rev. Stat. § 597.830. Unlawful additions to entertainment or amusement tax; penalty.1. If a federal or state tax is imposed on an admission to or on a ticket sold for a public entertainment or amusement of any kind in this state, it shall be unlawful to add to the price of the admission or ticket more than the actual amount of the tax.

2. A violation of the provisions of subsection 1 shall be a misdemeanor.

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Nev. Rev. Stat. § 597.840. Unlawful retention of deposit for longer than agreed time; penalty.1. A person shall not hold a deposit for the purchase of an item longer than the time specified in a contract between the purchaser and the seller if the purchaser is entitled to the return of the deposit.

2. A person who violates the provisions of subsection 1 shall be punished by a fine of not more than the amount of the deposit multiplied by the number of working days the deposit was retained after return was due.
Nev. Rev. Stat. § 597.840. Unlawful retention of deposit for longer than agreed time; penalty.1. A person shall not hold a deposit for the purchase of an item longer than the time specified in a contract between the purchaser and the seller if the purchaser is entitled to the return of the deposit.

2. A person who violates the provisions of subsection 1 shall be punished by a fine of not more than the amount of the deposit multiplied by the number of working days the deposit was retained after return was due.

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Nev. Rev. Stat. § 597.880. Sale and advertising of master keys for motor vehicles limited; penalty.1. As used in this section, “master motor vehicle key set” means a key or keys that may be used to operate more than one motor vehicle.

2. A person shall not sell a master motor vehicle key set to any person except automobile dealers, automobile repairers, locksmiths and peace officers of the State of Nevada.

3. A person shall not advertise the sale of a master motor vehicle key set except in trade journals of automobile dealers, automobile repairers and locksmiths.

4. Any person who violates the provisions of subsection 2 or 3 is guilty of a misdemeanor.
Nev. Rev. Stat. § 597.880. Sale and advertising of master keys for motor vehicles limited; penalty.1. As used in this section, “master motor vehicle key set” means a key or keys that may be used to operate more than one motor vehicle.

2. A person shall not sell a master motor vehicle key set to any person except automobile dealers, automobile repairers, locksmiths and peace officers of the State of Nevada.

3. A person shall not advertise the sale of a master motor vehicle key set except in trade journals of automobile dealers, automobile repairers and locksmiths.

4. Any person who violates the provisions of subsection 2 or 3 is guilty of a misdemeanor.

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Nev. Rev. Stat. § 597.890. Advertising that climate of facility for storage of personal property is controlled: Requirements; penalty; civil liability.1. The owner of a facility for the storage of personal property or a person acting on his or her behalf shall not advertise that the facility is “climate controlled” unless the advertisement specifies the range of the minimum and maximum temperature and humidity within which the facility is maintained.

2. If an owner or a person acting on his or her behalf fails to indicate the range of temperature and humidity of a facility in any advertisement that refers to it as being “climate controlled” or fails to maintain the temperature and humidity of the facility within the advertised range, the owner is guilty of a misdemeanor and is liable to the occupant for any damages that are caused to the occupant’s personal property as a result of extremes in temperature or humidity, notwithstanding any contrary provision in the rental agreement.

3. As used in this section, the terms “facility,” “occupant,” “owner,” “personal property” and “rental agreement” have the meanings ascribed to them respectively in NRS 108.4733 to 108.4745, inclusive.
Nev. Rev. Stat. § 597.890. Advertising that climate of facility for storage of personal property is controlled: Requirements; penalty; civil liability.1. The owner of a facility for the storage of personal property or a person acting on his or her behalf shall not advertise that the facility is “climate controlled” unless the advertisement specifies the range of the minimum and maximum temperature and humidity within which the facility is maintained.

2. If an owner or a person acting on his or her behalf fails to indicate the range of temperature and humidity of a facility in any advertisement that refers to it as being “climate controlled” or fails to maintain the temperature and humidity of the facility within the advertised range, the owner is guilty of a misdemeanor and is liable to the occupant for any damages that are caused to the occupant’s personal property as a result of extremes in temperature or humidity, notwithstanding any contrary provision in the rental agreement.

3. As used in this section, the terms “facility,” “occupant,” “owner,” “personal property” and “rental agreement” have the meanings ascribed to them respectively in NRS 108.4733 to 108.4745, inclusive.

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Nev. Rev. Stat. § 597.900. Sale of imitation Indian arts and crafts not clearly labeled as imitation prohibited.1. As used in this section:

(a) “Imitation Indian arts or crafts articles” means those made by machine, or made either wholly or partially out of synthetic or artificial materials, or articles which are not made by Indian labor or workmanship.

(b) “Indian” means a person who is enrolled or who is a lineal descendant of one enrolled upon an enrollment listing of the Bureau of Indian Affairs, or upon the enrollment listing of a recognized Indian tribe, domiciled in the United States.

2. A person shall not distribute, sell or offer for sale in this state any imitation Indian art or craft articles unless the articles are at all times clearly and legibly designated as imitation.

3. Only those articles bearing a registered trademark or label of authentic Indian labor or workmanship may be deemed authentic Indian arts or crafts articles.

4. Any person violating the provisions of this section is guilty of a misdemeanor.
Nev. Rev. Stat. § 597.900. Sale of imitation Indian arts and crafts not clearly labeled as imitation prohibited.1. As used in this section:

(a) “Imitation Indian arts or crafts articles” means those made by machine, or made either wholly or partially out of synthetic or artificial materials, or articles which are not made by Indian labor or workmanship.

(b) “Indian” means a person who is enrolled or who is a lineal descendant of one enrolled upon an enrollment listing of the Bureau of Indian Affairs, or upon the enrollment listing of a recognized Indian tribe, domiciled in the United States.

2. A person shall not distribute, sell or offer for sale in this state any imitation Indian art or craft articles unless the articles are at all times clearly and legibly designated as imitation.

3. Only those articles bearing a registered trademark or label of authentic Indian labor or workmanship may be deemed authentic Indian arts or crafts articles.

4. Any person violating the provisions of this section is guilty of a misdemeanor.

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Nev. Rev. Stat. § 597.915. Informal merchants: Prohibited acts; penalty; evidence of legal acquisition of new product.1. An informal merchant shall not offer for sale or knowingly allow the sale of any new product that he or she knows or reasonably should have known is stolen, has been recalled by the manufacturer, has been adulterated, has not been maintained at the proper temperature, has an expiration date that has passed, has been discarded by the manufacturer or a retailer, is an inferior product if he or she does not clearly indicate such inferiority, or has any other defect that makes the product ineffective for the use for which it is purchased or that makes the product below the quality expected by the consumer.

2. An informal merchant who violates the provisions of subsection 1 shall be punished:

(a) If the sale of the product does not cause substantial bodily harm to another person, for a gross misdemeanor.

(b) If the sale of the product causes substantial bodily harm to another person, for a category C felony as provided in NRS 193.130.

3. Upon request of a peace officer, an informal merchant shall provide reliable evidence of the legal acquisition of a new product that the merchant is offering for sale. If it is determined that the product was stolen and the informal merchant fails to provide such evidence, an inference is created that the informal merchant knew or should have known that the product was stolen.

4. As used in this section:

(a) “Informal market” means:

(1) A gathering at which:

(I) Two or more persons offer personal property for sale or exchange;

(II) A fee is charged for the sale or exchange of personal property; or

(III) A fee is charged for admission to the area in which personal property is offered for sale or exchange; or

(2) A place at which personal property is offered or displayed for sale or exchange on more than six occasions in a period of 12 months,

Ê whether held in a building, under cover or in the open air.

(b) “Informal merchant” means a person who does not have an established retail store in the county and who transports an inventory of goods to an informal market and displays the goods for sale, offers them for sale at retail or sells them at retail.

(c) “New product” means any tangible good which has never been used or which is in its original, unopened package or container.

(d) “Stolen” means taken unlawfully from or without the permission of the owner, whether or not the person who took the item is or has been prosecuted or convicted for the taking of the item.
Nev. Rev. Stat. § 597.915. Informal merchants: Prohibited acts; penalty; evidence of legal acquisition of new product.1. An informal merchant shall not offer for sale or knowingly allow the sale of any new product that he or she knows or reasonably should have known is stolen, has been recalled by the manufacturer, has been adulterated, has not been maintained at the proper temperature, has an expiration date that has passed, has been discarded by the manufacturer or a retailer, is an inferior product if he or she does not clearly indicate such inferiority, or has any other defect that makes the product ineffective for the use for which it is purchased or that makes the product below the quality expected by the consumer.

2. An informal merchant who violates the provisions of subsection 1 shall be punished:

(a) If the sale of the product does not cause substantial bodily harm to another person, for a gross misdemeanor.

(b) If the sale of the product causes substantial bodily harm to another person, for a category C felony as provided in NRS 193.130.

3. Upon request of a peace officer, an informal merchant shall provide reliable evidence of the legal acquisition of a new product that the merchant is offering for sale. If it is determined that the product was stolen and the informal merchant fails to provide such evidence, an inference is created that the informal merchant knew or should have known that the product was stolen.

4. As used in this section:

(a) “Informal market” means:

(1) A gathering at which:

(I) Two or more persons offer personal property for sale or exchange;

(II) A fee is charged for the sale or exchange of personal property; or

(III) A fee is charged for admission to the area in which personal property is offered for sale or exchange; or

(2) A place at which personal property is offered or displayed for sale or exchange on more than six occasions in a period of 12 months,

Ê whether held in a building, under cover or in the open air.

(b) “Informal merchant” means a person who does not have an established retail store in the county and who transports an inventory of goods to an informal market and displays the goods for sale, offers them for sale at retail or sells them at retail.

(c) “New product” means any tangible good which has never been used or which is in its original, unopened package or container.

(d) “Stolen” means taken unlawfully from or without the permission of the owner, whether or not the person who took the item is or has been prosecuted or convicted for the taking of the item.

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Nev. Rev. Stat. § 597.940. Restrictions on recording of account number of credit card as condition to accepting check or draft; restrictions on recording of telephone number as condition to accepting credit card.1. Except as otherwise provided in this subsection, a business shall not, without the customer’s consent, record the account number of any of a customer’s credit cards on the customer’s check or draft as a condition of accepting that check or draft. This subsection does not prohibit:

(a) The business from requiring the customer to produce reasonable forms of positive identification other than a credit card, including, without limitation:

(1) A driver’s license;

(2) An identification card issued by the Department of Motor Vehicles; or

(3) A consular identification card,

Ê as a condition of accepting a check or draft.

(b) The business from requesting the customer to display a credit card as an indicia of creditworthiness or financial responsibility, if the only information recorded by the business concerning the credit card is the type of credit card displayed, the issuer of the card and the date the card expires.

(c) The business from requesting the customer to record the account number of his or her credit card on the check or draft with which payment on the credit card account is being made.

(d) The business from requesting the production of or recording of the account number of a credit card as a condition of cashing a check or draft if:

(1) The business has agreed with the issuer of the credit card to cash the checks or drafts as a service to the cardholders of the issuer;

(2) The issuer has agreed to guarantee any such check or draft so cashed; and

(3) The cardholder has given actual, apparent or implied authority for the use of his or her account number for this purpose.

2. Except as otherwise provided in this subsection, a business shall not, without the customer’s consent, record a customer’s telephone number on the credit card sales slip as a condition of accepting his or her credit card. This subsection does not:

(a) Prohibit the recordation of personal identifying information required for a special purpose incidental to the use of the credit card, such as the delivery, shipping, servicing or installation of the purchased merchandise.

(b) Apply to a transaction in which the customer receives a cash advance against his or her credit card or to a transaction involving the use of preprinted spaces for personal identifying information that the business accepting the credit card has a contractual obligation to record in order to complete the transaction.

(c) Apply to a transaction in which the customer’s purchase is made by the use of a device that electronically authorizes the use of the credit card and processes information relating thereto.

3. As used in this section, unless the context otherwise requires:

(a) “Consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.

(b) “Credit card” has the meaning ascribed to it in NRS 205.630.

(c) “Identification card issued by the Department of Motor Vehicles” means an identification card of the type described in NRS 483.810 to 483.890, inclusive.
Nev. Rev. Stat. § 597.940. Restrictions on recording of account number of credit card as condition to accepting check or draft; restrictions on recording of telephone number as condition to accepting credit card.1. Except as otherwise provided in this subsection, a business shall not, without the customer’s consent, record the account number of any of a customer’s credit cards on the customer’s check or draft as a condition of accepting that check or draft. This subsection does not prohibit:

(a) The business from requiring the customer to produce reasonable forms of positive identification other than a credit card, including, without limitation:

(1) A driver’s license;

(2) An identification card issued by the Department of Motor Vehicles; or

(3) A consular identification card,

Ê as a condition of accepting a check or draft.

(b) The business from requesting the customer to display a credit card as an indicia of creditworthiness or financial responsibility, if the only information recorded by the business concerning the credit card is the type of credit card displayed, the issuer of the card and the date the card expires.

(c) The business from requesting the customer to record the account number of his or her credit card on the check or draft with which payment on the credit card account is being made.

(d) The business from requesting the production of or recording of the account number of a credit card as a condition of cashing a check or draft if:

(1) The business has agreed with the issuer of the credit card to cash the checks or drafts as a service to the cardholders of the issuer;

(2) The issuer has agreed to guarantee any such check or draft so cashed; and

(3) The cardholder has given actual, apparent or implied authority for the use of his or her account number for this purpose.

2. Except as otherwise provided in this subsection, a business shall not, without the customer’s consent, record a customer’s telephone number on the credit card sales slip as a condition of accepting his or her credit card. This subsection does not:

(a) Prohibit the recordation of personal identifying information required for a special purpose incidental to the use of the credit card, such as the delivery, shipping, servicing or installation of the purchased merchandise.

(b) Apply to a transaction in which the customer receives a cash advance against his or her credit card or to a transaction involving the use of preprinted spaces for personal identifying information that the business accepting the credit card has a contractual obligation to record in order to complete the transaction.

(c) Apply to a transaction in which the customer’s purchase is made by the use of a device that electronically authorizes the use of the credit card and processes information relating thereto.

3. As used in this section, unless the context otherwise requires:

(a) “Consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.

(b) “Credit card” has the meaning ascribed to it in NRS 205.630.

(c) “Identification card issued by the Department of Motor Vehicles” means an identification card of the type described in NRS 483.810 to 483.890, inclusive.

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Nev. Rev. Stat. § 597.945. Restrictions on printing expiration date or account number of credit card or debit card on receipt.1. Except as otherwise provided in this section, if a person accepts credit cards or debit cards for the transaction of business, the person shall not do any of the fllowing:

(a) Print the expiration date of the credit card or debit card on any receipt provided to the cardholder;

(b) Print more than the last five digits of the account number of the credit card or debit card on any receipt provided to the cardholder; or

2. This section:

(a) Applies only to receipts that are electronically printed.

(b) Does not apply to transactions in which the only means of recording the credit card or debit card number is:

(1) By handwriting the credit card or debit card number; or

(2) By imprinting or copying the credit card or debit card.

3. If any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions was first put into use before October 1, 2003, the provisions of this section do not apply to any transaction that occurs with regard to that cash register or other machine or device before January 1, 2008.

4. As used in this section:

(a) "Credit card" means any instrument or device, whether known as a credit card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.

(b) "Debit card" means any instrument or device, whether known as a debit card or by any other name, that is issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value, subject to the issuer removing money from the checking account or savings account of the cardholder.
Nev. Rev. Stat. § 597.945. Restrictions on printing expiration date or account number of credit card or debit card on receipt: Restrictions applicable to businesses which accept credit cards or debit cards; penalties; enforcement.1. Except as otherwise provided in this section, if a business accepts credit cards or debit cards for the transaction of business, the business shall not:

(a) Print the expiration date of the credit card or debit card on any receipt provided to the cardholder;

(b) Print more than the last five digits of the account number of the credit card or debit card on any receipt provided to the cardholder; or

(c) Print more than the last five digits of the account number of the credit card or debit card on any copy of a receipt retained by the business.

2. This section:

(a) Applies only to receipts that are electronically printed.

(b) Does not apply to transactions in which the only means of recording the credit card or debit card number is:

(1) By handwriting the credit card or debit card number; or

(2) By imprinting or copying the credit card or debit card.

3. A business that violates any provision of this section is liable for a civil penalty in the amount of $500. The business must be given notice of the violation and 2 weeks to correct the violation. A business that does not correct the violation within 2 weeks after receiving notice of the violation is liable for an additional civil penalty in the amount of $1,000 per week until the business corrects the violation, except that the aggregate amount of civil penalties imposed on a business for violations which occur on the same premises must not exceed $4,500.

4. A civil penalty imposed pursuant to subsection 3 must be recovered in a civil action brought in the name of the State of Nevada by the Attorney General or by any district attorney in a court of competent jurisdiction. Any penalty collected pursuant to this section must be paid to the State Treasurer for credit to the State General Fund.

5. The Attorney General or the district attorney may bring an action in any court of competent jurisdiction in the name of the State of Nevada against any business to restrain and prevent any violation of this section. The court may issue an injunction for those purposes without proof of actual damage sustained by any person.

6. A business that violates any order or injunction issued pursuant to this section is guilty of a gross misdemeanor.

7. As used in this section:

(a) “Credit card” means any instrument or device, whether known as a credit card, credit plate or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.

(b) “Debit card” means any instrument or device, whether known as a debit card or by any other name, that is issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value, subject to the issuer removing money from the checking account or savings account of the cardholder.

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Nev. Rev. Stat. § 597.947. Restrictions on printing expiration date or account number of credit card or debit card on receipt: Restrictions applicable to manufacturer or supplier of device; penalty; enforcement.1. A manufacturer or supplier of a cash register or other machine or device that prints receipts for transactions in which a credit card or debit card is used shall not provide, lease or sell for the transaction of business any equipment that does not allow a business to comply with the provisions of subsection 1 of NRS 597.945.

2. The Attorney General or the district attorney may bring an action in any court of competent jurisdiction in the name of the State of Nevada against any person to restrain and prevent any violation of this section. The court may issue an injunction for those purposes without proof of actual damage sustained by any person.

3. A person who violates any order or injunction issued pursuant to this section is guilty of a gross misdemeanor.

4. As used in this section:

(a) “Credit card” has the meaning ascribed to it in NRS 597.945.

(b) “Debit card” has the meaning ascribed to it in NRS 597.945.

(c) “Supplier” means a person engaged in the business of providing, leasing or selling cash registers or other machines or devices that are used to print receipts in the transaction of business.

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Nev. Rev. Stat. § 597.950. Unsolicited merchandise deemed unconditional gift to recipient; liability of sender; exceptions.1. Any person who receives unsolicited goods, wares or merchandise offered for sale, but not actually ordered or requested by him or her orally or in writing, is entitled to consider those goods, wares or merchandise an unconditional gift, and may use or dispose of them as he or she sees fit without obligation on his or her part to the sender.

2. The sender of unsolicited goods, wares or merchandise must pay actual and reasonable expenses incurred by the recipient:

(a) In returning the goods, wares or merchandise to the sender; or

(b) In resisting attempts by the sender to collect payment for the goods, wares or merchandise.

3. The sender of unsolicited goods, wares or merchandise is liable to the recipient for any impairment of the credit of the recipient caused by attempts by the sender to collect payment for the goods, wares or merchandise.

4. The provisions of subsections 1, 2 and 3 do not apply to the following:

(a) Where delivery of goods, wares or merchandise is by mistake in response to an order to the sender for other goods, wares or merchandise.

(b) Where delivery is made by mistake to someone other than a person who ordered goods, wares or merchandise from the sender.

(c) Where the sender has sent a substitute or substitutes in response to an order for certain goods, wares or merchandise.

(d) Where someone has ordered a gift for another from the sender, and the goods, wares or merchandise were sent directly to the recipient of the gift.

(e) Where delivery of goods, wares or merchandise is made by mistake to a member of a subscription-type plan (such as a book club or record club) operated by the sender.
Nev. Rev. Stat. § 597.950. Unsolicited merchandise deemed unconditional gift to recipient; liability of sender; exceptions.1. Any person who receives unsolicited goods, wares or merchandise offered for sale, but not actually ordered or requested by him or her orally or in writing, is entitled to consider those goods, wares or merchandise an unconditional gift, and may use or dispose of them as he or she sees fit without obligation on his or her part to the sender.

2. The sender of unsolicited goods, wares or merchandise must pay actual and reasonable expenses incurred by the recipient:

(a) In returning the goods, wares or merchandise to the sender; or

(b) In resisting attempts by the sender to collect payment for the goods, wares or merchandise.

3. The sender of unsolicited goods, wares or merchandise is liable to the recipient for any impairment of the credit of the recipient caused by attempts by the sender to collect payment for the goods, wares or merchandise.

4. The provisions of subsections 1, 2 and 3 do not apply to the following:

(a) Where delivery of goods, wares or merchandise is by mistake in response to an order to the sender for other goods, wares or merchandise.

(b) Where delivery is made by mistake to someone other than a person who ordered goods, wares or merchandise from the sender.

(c) Where the sender has sent a substitute or substitutes in response to an order for certain goods, wares or merchandise.

(d) Where someone has ordered a gift for another from the sender, and the goods, wares or merchandise were sent directly to the recipient of the gift.

(e) Where delivery of goods, wares or merchandise is made by mistake to a member of a subscription-type plan (such as a book club or record club) operated by the sender.

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Nev. Rev. Stat. § 597.960. Collection of fee for dishonored check accepted as payment for goods or services.1. A seller, or his or her agent, may collect a fee of not more than $25 for each check which was accepted by the seller as payment for goods or services and, upon presentment to the drawee, was not honored because the drawer stopped payment on the check, the drawer does not have an account with the drawee or the drawer does not have sufficient funds in his or her account or credit with the drawee to cover the amount of the check.

2. As used in this section:

(a) “Check” includes a draft or other negotiable order for the payment of money on demand which is drawn on a bank or other financial institution.

(b) “Drawee” means the person ordered in the check to make payment.

(c) “Drawer” means the person who signs or is identified in the check as the person ordering payment.
Nev. Rev. Stat. § 597.960. Collection of fee for dishonored check accepted as payment for goods or services.1. A seller, or his or her agent, may collect a fee of not more than $25 for each check which was accepted by the seller as payment for goods or services and, upon presentment to the drawee, was not honored because the drawer stopped payment on the check, the drawer does not have an account with the drawee or the drawer does not have sufficient funds in his or her account or credit with the drawee to cover the amount of the check.

2. As used in this section:

(a) “Check” includes a draft or other negotiable order for the payment of money on demand which is drawn on a bank or other financial institution.

(b) “Drawee” means the person ordered in the check to make payment.

(c) “Drawer” means the person who signs or is identified in the check as the person ordering payment.

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Nev. Rev. Stat. § 597.970. Restrictions on transfer of personal information through electronic transmission. 1. A business in this State shall not transfer any personal information of a customer through an electronic transmission other than a facsimile to a person outside of the secure system of the business unless the business uses encryption to ensure the security of electronic transmission.

2. As used in this section:

(a) "Encryption" has the meaning ascribed to it in NRS 205.4742.

(b) "Personal information" has the meaning ascribed to it in NRS 603A.040.
Repealed.

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Nev. Rev. Stat. § 597.980. Sale of novelty lighter prohibited; applicability; penalty; enforcement.1. Except as otherwise provided in subsection 2, a person may not sell at retail, offer for retail sale or distribute for retail sale or promotion in this State a novelty lighter.

2. This section does not apply to the transportation of novelty lighters through this State or the storage of novelty lighters in a warehouse or distribution center in this State that is closed to the public for purposes of retail sales.

3. The Attorney General or any district attorney, on the request of the State Fire Marshal or on his or her own motion, may bring an action in any court of competent jurisdiction in the name of the State of Nevada to enjoin a violation of this section.

4. A person who violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than $500. No sentence of incarceration may be imposed.

5. As used in this section, “novelty lighter”:

(a) Means a mechanical or electrical device which is typically used for lighting cigarettes, cigars or pipes that may operate on any fuel, including, without limitation, butane, isobutene or liquid fuel, and which:

(1) Is designed to resemble and reasonably does resemble a cartoon character, toy, gun, watch, musical instrument, vehicle, animal, food, beverage or other similar article that does not resemble a standard disposable lighter; or

(2) Plays musical notes, has flashing lights or has more than one button or function; and

(b) Does not include:

(1) A lighter manufactured before January 1, 1980;

(2) A lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame;

(3) Any mechanical or electrical device primarily used to ignite fuel for fireplaces or for charcoal or gas grills; or

(4) Standard disposable lighters that are printed or decorated, including, without limitation, through the use of a heat shrinkable sleeve, with logos, labels, decals or artwork.

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Nev. Rev. Stat. § 598.0903. Deceptive Trade Practices - Definitions.As used in NRS 598.0903 to 598.0999, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.0905 to 598.0947, inclusive, have the meanings ascribed to them in those sections.Nev. Rev. Stat. § 598.0903. Deceptive Trade Practices - Definitions.As used in NRS 598.0903 to 598.0999, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.0905 to 598.0947, inclusive, have the meanings ascribed to them in those sections.

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Nev. Rev. Stat. § 598.0905. “Advertisement” defined. “Advertisement” means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into any obligation to lease or to acquire any title or interest in any property.Nev. Rev. Stat. § 598.0905. “Advertisement” defined. “Advertisement” means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into any obligation to lease or to acquire any title or interest in any property.

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Nev. Rev. Stat. § 598.0907. “Certification mark” defined. “Certification mark” means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.Nev. Rev. Stat. § 598.0907. “Certification mark” defined. “Certification mark” means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.

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Nev. Rev. Stat. § 598.091. “Collective mark” defined. “Collective mark” means a mark used by members of a cooperative, association or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization.Nev. Rev. Stat. § 598.091. “Collective mark” defined. “Collective mark” means a mark used by members of a cooperative, association or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization.

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Nev. Rev. Stat. § 598.0913. “Commissioner” defined.“Commissioner” means the Commissioner of Consumer Affairs.Nev. Rev. Stat. § 598.0913. “Commissioner” defined.“Commissioner” means the Commissioner of Consumer Affairs.

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Nev. Rev. Stat. § 598.0915. “Deceptive trade practice” defined. 1. Knowingly passes off goods or services for sale or lease as those of another person.

2. Knowingly makes a false representation as to the source, sponsorship, approval or certification of goods or services for sale or lease.

3. Knowingly makes a false representation as to affiliation, connection, association with or certification by another person.

4. Uses deceptive representations or designations of geographic origin in connection with goods or services for sale or lease.

5. Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations or quantities of goods or services for sale or lease or a false representation as to the sponsorship, approval, status, affiliation or connection of a person therewith.

6. Represents that goods for sale or lease are original or new if he or she knows or should know that they are deteriorated, altered, reconditioned, reclaimed, used or secondhand.

7. Represents that goods or services for sale or lease are of a particular standard, quality or grade, or that such goods are of a particular style or model, if he or she knows or should know that they are of another standard, quality, grade, style or model.

8. Disparages the goods, services or business of another person by false or misleading representation of fact.

9. Advertises goods or services with intent not to sell or lease them as advertised.

10. Advertises goods or services for sale or lease with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.

11. Advertises goods or services as being available free of charge with intent to require payment of undisclosed costs as a condition of receiving the goods or services.

12. Advertises under the guise of obtaining sales personnel when the purpose is to first sell or lease goods or services to the sales personnel applicant.

13. Makes false or misleading statements of fact concerning the price of goods or services for sale or lease, or the reasons for, existence of or amounts of price reductions.

14. Fraudulently alters any contract, written estimate of repair, written statement of charges or other document in connection with the sale or lease of goods or services.

15. Knowingly makes any other false representation in a transaction.

16. Knowingly falsifies an application for credit relating to a retail installment transaction, as defined in NRS 97.115.
Nev. Rev. Stat. § 598.0915. “Deceptive trade practice” defined. 1. Knowingly passes off goods or services for sale or lease as those of another person.

2. Knowingly makes a false representation as to the source, sponsorship, approval or certification of goods or services for sale or lease.

3. Knowingly makes a false representation as to affiliation, connection, association with or certification by another person.

4. Uses deceptive representations or designations of geographic origin in connection with goods or services for sale or lease.

5. Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations or quantities of goods or services for sale or lease or a false representation as to the sponsorship, approval, status, affiliation or connection of a person therewith.

6. Represents that goods for sale or lease are original or new if he or she knows or should know that they are deteriorated, altered, reconditioned, reclaimed, used or secondhand.

7. Represents that goods or services for sale or lease are of a particular standard, quality or grade, or that such goods are of a particular style or model, if he or she knows or should know that they are of another standard, quality, grade, style or model.

8. Disparages the goods, services or business of another person by false or misleading representation of fact.

9. Advertises goods or services with intent not to sell or lease them as advertised.

10. Advertises goods or services for sale or lease with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.

11. Advertises goods or services as being available free of charge with intent to require payment of undisclosed costs as a condition of receiving the goods or services.

12. Advertises under the guise of obtaining sales personnel when the purpose is to first sell or lease goods or services to the sales personnel applicant.

13. Makes false or misleading statements of fact concerning the price of goods or services for sale or lease, or the reasons for, existence of or amounts of price reductions.

14. Fraudulently alters any contract, written estimate of repair, written statement of charges or other document in connection with the sale or lease of goods or services.

15. Knowingly makes any other false representation in a transaction.

16. Knowingly falsifies an application for credit relating to a retail installment transaction, as defined in NRS 97.115.

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Nev. Rev. Stat. § 598.0916. “Deceptive trade practice” defined. A person engages in a “deceptive trade practice” when, in the course of his or her business or occupation, he or she disseminates an unsolicited prerecorded message to solicit a person to purchase goods or services by telephone and he or she does not have a preexisting business relationship with the person being called unless a recorded or unrecorded natural voice:

1. Informs the person who answers the telephone call of the nature of the call; and

2. Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, represented by the caller.
Nev. Rev. Stat. § 598.0916. “Deceptive trade practice” defined. A person engages in a “deceptive trade practice” when, in the course of his or her business or occupation, he or she disseminates an unsolicited prerecorded message to solicit a person to purchase goods or services by telephone and he or she does not have a preexisting business relationship with the person being called unless a recorded or unrecorded natural voice:

1. Informs the person who answers the telephone call of the nature of the call; and

2. Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, represented by the caller.

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Nev. Rev. Stat. § 598.0917. “Deceptive trade practice” defined. A person engages in a “deceptive trade practice” when in the course of his or her business or occupation he or she employs “bait and switch” advertising, which consists of an offer to sell or lease goods or services which the seller or lessor in truth may not intend or desire to sell or lease, accompanied by one or more of the following practices:

1. Refusal to show the goods advertised.

2. Disparagement in any material respect of the advertised goods or services or the terms of sale or lease.

3. Requiring other sales or other undisclosed conditions to be met before selling or leasing the advertised goods or services.

4. Refusal to take orders for the sale or lease of goods or services advertised for delivery within a reasonable time.

5. Showing or demonstrating defective goods for sale or lease which are unusable or impractical for the purposes set forth in the advertisement.

6. Accepting a deposit for the goods or services for sale or lease and subsequently switching the purchase order or lease to higher priced goods or services.

7. Tendering a lease of goods advertised for sale or a sale of goods advertised for lease or tendering terms of sale or lease less favorable than the terms advertised.
Nev. Rev. Stat. § 598.0917. “Deceptive trade practice” defined. A person engages in a “deceptive trade practice” when in the course of his or her business or occupation he or she employs “bait and switch” advertising, which consists of an offer to sell or lease goods or services which the seller or lessor in truth may not intend or desire to sell or lease, accompanied by one or more of the following practices:

1. Refusal to show the goods advertised.

2. Disparagement in any material respect of the advertised goods or services or the terms of sale or lease.

3. Requiring other sales or other undisclosed conditions to be met before selling or leasing the advertised goods or services.

4. Refusal to take orders for the sale or lease of goods or services advertised for delivery within a reasonable time.

5. Showing or demonstrating defective goods for sale or lease which are unusable or impractical for the purposes set forth in the advertisement.

6. Accepting a deposit for the goods or services for sale or lease and subsequently switching the purchase order or lease to higher priced goods or services.

7. Tendering a lease of goods advertised for sale or a sale of goods advertised for lease or tendering terms of sale or lease less favorable than the terms advertised.

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Nev. Rev. Stat. § 598.0918. “Deceptive trade practice” defined. A person engages in a “deceptive trade practice” if, during a solicitation by telephone or sales presentation, he or she:

1. Uses threatening, intimidating, profane or obscene language;

2. Repeatedly or continuously conducts the solicitation or presentation in a manner that is considered by a reasonable person to be annoying, abusive or harassing;

3. Solicits a person by telephone at his or her residence between 8 p.m. and 9 a.m.;

4. Blocks or otherwise intentionally circumvents any service used to identify the caller when placing an unsolicited telephone call; or

5. Places an unsolicited telephone call that does not allow a service to identify the caller by the telephone number or name of the business, unless such identification is not technically feasible.
Nev. Rev. Stat. § 598.0918. “Deceptive trade practice” defined. A person engages in a “deceptive trade practice” if, during a solicitation by telephone or sales presentation, he or she:

1. Uses threatening, intimidating, profane or obscene language;

2. Repeatedly or continuously conducts the solicitation or presentation in a manner that is considered by a reasonable person to be annoying, abusive or harassing;

3. Solicits a person by telephone at his or her residence between 8 p.m. and 9 a.m.;

4. Blocks or otherwise intentionally circumvents any service used to identify the caller when placing an unsolicited telephone call; or

5. Places an unsolicited telephone call that does not allow a service to identify the caller by the telephone number or name of the business, unless such identification is not technically feasible.

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Nev. Rev. Stat. § 598.092. “Deceptive trade practice” defined. A person engages in a “deceptive trade practice” when in the course of his or her business or occupation he or she:

1. Knowingly fails to identify goods for sale or lease as being damaged by water.

2. Solicits by telephone or door to door as a lessor or seller, unless the lessor or seller identifies himself or herself, whom he or she represents and the purpose of his or her call within 30 seconds after beginning the conversation.

3. Knowingly states that services, replacement parts or repairs are needed when no such services, replacement parts or repairs are actually needed.

4. Fails to make delivery of goods or services for sale or lease within a reasonable time or to make a refund for the goods or services, if he or she allows refunds.

5. Advertises or offers an opportunity for investment and:

(a) Represents that the investment is guaranteed, secured or protected in a manner which he or she knows or has reason to know is false or misleading;

(b) Represents that the investment will earn a rate of return which he or she knows or has reason to know is false or misleading;

(c) Makes any untrue statement of a material fact or omits to state a material fact which is necessary to make another statement, considering the circumstances under which it is made, not misleading;

(d) Fails to maintain adequate records so that an investor may determine how his or her money is invested;

(e) Fails to provide information to an investor after a reasonable request for information concerning his or her investment;

(f) Fails to comply with any law or regulation for the marketing of securities or other investments; or

(g) Represents that he or she is licensed by an agency of the State to sell or offer for sale investments or services for investments if he or she is not so licensed.

6. Charges a fee for advice with respect to investment of money and fails to disclose:

(a) That he or she is selling or offering to lease goods or services and, if he or she is, their identity; or

(b) That he or she is licensed by an agency of any state or of the United States to sell or to offer for sale investments or services for investments or holds any other license related to the service he or she is providing.

7. Notifies any person, by any means, as a part of an advertising plan or scheme, that he or she has won a prize and that as a condition of receiving the prize he or she must purchase or lease goods or services.

8. Knowingly misrepresents the legal rights, obligations or remedies of a party to a transaction.

9. Fails, in a consumer transaction that is rescinded, cancelled or otherwise terminated in accordance with the terms of an agreement, advertisement, representation or provision of law, to promptly restore to a person entitled to it a deposit, down payment or other payment or, in the case of property traded in but not available, the agreed value of the property or fails to cancel within a specified time or an otherwise reasonable time an acquired security interest. This subsection does not apply to a person who is holding a deposit, down payment or other payment on behalf of another if all parties to the transaction have not agreed to the release of the deposit, down payment or other payment.

10. Fails to inform customers, if he or she does not allow refunds or exchanges, that he or she does not allow refunds or exchanges by:

(a) Printing a statement on the face of the lease or sales receipt;

(b) Printing a statement on the face of the price tag; or

(c) Posting in an open and conspicuous place a sign at least 8 by 10 inches in size with boldface letters,

Ê specifying that no refunds or exchanges are allowed.

11. Knowingly and willfully violates NRS 597.7118 or 597.7125.
Nev. Rev. Stat. § 598.092. “Deceptive trade practice” defined. A person engages in a “deceptive trade practice” when in the course of his or her business or occupation he or she:

1. Knowingly fails to identify goods for sale or lease as being damaged by water.

2. Solicits by telephone or door to door as a lessor or seller, unless the lessor or seller identifies himself or herself, whom he or she represents and the purpose of his or her call within 30 seconds after beginning the conversation.

3. Knowingly states that services, replacement parts or repairs are needed when no such services, replacement parts or repairs are actually needed.

4. Fails to make delivery of goods or services for sale or lease within a reasonable time or to make a refund for the goods or services, if he or she allows refunds.

5. Advertises or offers an opportunity for investment and:

(a) Represents that the investment is guaranteed, secured or protected in a manner which he or she knows or has reason to know is false or misleading;

(b) Represents that the investment will earn a rate of return which he or she knows or has reason to know is false or misleading;

(c) Makes any untrue statement of a material fact or omits to state a material fact which is necessary to make another statement, considering the circumstances under which it is made, not misleading;

(d) Fails to maintain adequate records so that an investor may determine how his or her money is invested;

(e) Fails to provide information to an investor after a reasonable request for information concerning his or her investment;

(f) Fails to comply with any law or regulation for the marketing of securities or other investments; or

(g) Represents that he or she is licensed by an agency of the State to sell or offer for sale investments or services for investments if he or she is not so licensed.

6. Charges a fee for advice with respect to investment of money and fails to disclose:

(a) That he or she is selling or offering to lease goods or services and, if he or she is, their identity; or

(b) That he or she is licensed by an agency of any state or of the United States to sell or to offer for sale investments or services for investments or holds any other license related to the service he or she is providing.

7. Notifies any person, by any means, as a part of an advertising plan or scheme, that he or she has won a prize and that as a condition of receiving the prize he or she must purchase or lease goods or services.

8. Knowingly misrepresents the legal rights, obligations or remedies of a party to a transaction.

9. Fails, in a consumer transaction that is rescinded, cancelled or otherwise terminated in accordance with the terms of an agreement, advertisement, representation or provision of law, to promptly restore to a person entitled to it a deposit, down payment or other payment or, in the case of property traded in but not available, the agreed value of the property or fails to cancel within a specified time or an otherwise reasonable time an acquired security interest. This subsection does not apply to a person who is holding a deposit, down payment or other payment on behalf of another if all parties to the transaction have not agreed to the release of the deposit, down payment or other payment.

10. Fails to inform customers, if he or she does not allow refunds or exchanges, that he or she does not allow refunds or exchanges by:

(a) Printing a statement on the face of the lease or sales receipt;

(b) Printing a statement on the face of the price tag; or

(c) Posting in an open and conspicuous place a sign at least 8 by 10 inches in size with boldface letters,

Ê specifying that no refunds or exchanges are allowed.

11. Knowingly and willfully violates NRS 597.7118 or 597.7125.

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Nev. Rev. Stat. § 598.0921. “Deceptive trade practice” defined.1. A person engages in a “deceptive trade practice” if, in the course of his or her business or occupation:

(a) He or she issues a gift certificate that expires on a certain date, unless either of the following is printed plainly and conspicuously on the front or back of the gift certificate in at least 10-point font and in such a manner that the print is readily visible to the buyer of the gift certificate before the buyer purchases the gift certificate:

(1) The expiration date of the gift certificate; or

(2) A toll-free telephone number accompanied by a statement setting forth that the buyer or holder of the gift certificate may call the telephone number to obtain the balance of the gift certificate and the expiration date of the gift certificate;

(b) He or she imposes upon the buyer or holder of a gift certificate a service fee, unless each of the following is printed plainly and conspicuously on the front or back of the gift certificate in at least 10-point font and in such a manner that the print is readily visible to the buyer of the gift certificate before the buyer purchases the gift certificate:

(1) The amount of the service fee;

(2) The event or events that will cause the service fee to be imposed;

(3) The frequency with which the service fee will be imposed; and

(4) If the service fee will be imposed on the basis of inactivity, the duration of inactivity, which must not be less than 3 continuous years of nonuse, that will cause the service fee to be imposed; or

(c) Regardless of the notice provided, he or she imposes upon the buyer or holder of a gift certificate:

(1) A service fee or a combination of service fees that exceed a total of $1 per month; or

(2) A service fee that commences or is imposed within the first 12 months after the issuance of the gift certificate.

2. The provisions of this section do not apply to:

(a) A gift certificate that is issued as part of an award, loyalty, promotional, rebate, incentive or reward program and for which issuance the issuer does not receive money or any other thing of value;

(b) A gift certificate that is sold at a reduced price to an employer or nonprofit or charitable organization, if the expiration date of the gift certificate is not more than 30 days after the date of sale; and

(c) A gift certificate that is issued by an establishment licensed pursuant to the provisions of chapter 463 of NRS.

3. As used in this section:

(a) “Gift certificate” means an instrument or a record evidencing a promise by the seller or issuer of the instrument or record to provide goods or services to the holder of the gift certificate for the value shown in, upon or ascribed to the instrument or record and for which the value shown in, upon or ascribed to the instrument or record is decreased in an amount equal to the value of goods or services provided by the issuer or seller to the holder. The term includes, without limitation, a gift card, certificate or similar instrument. The term does not include:

(1) An instrument or record for prepaid telecommunications or technology services, including, without limitation, a card for prepaid telephone services, a card for prepaid technical support services and an instrument for prepaid Internet service purchased or otherwise distributed to a consumer of such services, including, without limitation, as part of an award, loyalty, promotional or reward program; or

(2) An instrument or record, by whatever name called, that may be used to obtain goods or services from more than one person or business entity, if the expiration date is printed plainly and conspicuously on the front or back of the instrument or record.

(b) “Issue” means to sell or otherwise provide a gift certificate to any person and includes, without limitation, adding value to an existing gift certificate.

(c) “Record” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium, including, without limitation, information stored on a microprocessor chip or magnetic strip, and is retrievable in perceivable form.

(d) “Service fee” means any charge or fee other than the charge or fee imposed for the issuance of the gift certificate, including, without limitation, a service fee imposed on the basis of inactivity or any other type of charge or fee imposed after the sale of the gift certificate.
Nev. Rev. Stat. § 598.0921. “Deceptive trade practice” defined.1. A person engages in a “deceptive trade practice” if, in the course of his or her business or occupation:

(a) He or she issues a gift certificate that expires on a certain date, unless either of the following is printed plainly and conspicuously on the front or back of the gift certificate in at least 10-point font and in such a manner that the print is readily visible to the buyer of the gift certificate before the buyer purchases the gift certificate:

(1) The expiration date of the gift certificate; or

(2) A toll-free telephone number accompanied by a statement setting forth that the buyer or holder of the gift certificate may call the telephone number to obtain the balance of the gift certificate and the expiration date of the gift certificate;

(b) He or she imposes upon the buyer or holder of a gift certificate a service fee, unless each of the following is printed plainly and conspicuously on the front or back of the gift certificate in at least 10-point font and in such a manner that the print is readily visible to the buyer of the gift certificate before the buyer purchases the gift certificate:

(1) The amount of the service fee;

(2) The event or events that will cause the service fee to be imposed;

(3) The frequency with which the service fee will be imposed; and

(4) If the service fee will be imposed on the basis of inactivity, the duration of inactivity, which must not be less than 3 continuous years of nonuse, that will cause the service fee to be imposed; or

(c) Regardless of the notice provided, he or she imposes upon the buyer or holder of a gift certificate:

(1) A service fee or a combination of service fees that exceed a total of $1 per month; or

(2) A service fee that commences or is imposed within the first 12 months after the issuance of the gift certificate.

2. The provisions of this section do not apply to:

(a) A gift certificate that is issued as part of an award, loyalty, promotional, rebate, incentive or reward program and for which issuance the issuer does not receive money or any other thing of value;

(b) A gift certificate that is sold at a reduced price to an employer or nonprofit or charitable organization, if the expiration date of the gift certificate is not more than 30 days after the date of sale; and

(c) A gift certificate that is issued by an establishment licensed pursuant to the provisions of chapter 463 of NRS.

3. As used in this section:

(a) “Gift certificate” means an instrument or a record evidencing a promise by the seller or issuer of the instrument or record to provide goods or services to the holder of the gift certificate for the value shown in, upon or ascribed to the instrument or record and for which the value shown in, upon or ascribed to the instrument or record is decreased in an amount equal to the value of goods or services provided by the issuer or seller to the holder. The term includes, without limitation, a gift card, certificate or similar instrument. The term does not include:

(1) An instrument or record for prepaid telecommunications or technology services, including, without limitation, a card for prepaid telephone services, a card for prepaid technical support services and an instrument for prepaid Internet service purchased or otherwise distributed to a consumer of such services, including, without limitation, as part of an award, loyalty, promotional or reward program; or

(2) An instrument or record, by whatever name called, that may be used to obtain goods or services from more than one person or business entity, if the expiration date is printed plainly and conspicuously on the front or back of the instrument or record.

(b) “Issue” means to sell or otherwise provide a gift certificate to any person and includes, without limitation, adding value to an existing gift certificate.

(c) “Record” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium, including, without limitation, information stored on a microprocessor chip or magnetic strip, and is retrievable in perceivable form.

(d) “Service fee” means any charge or fee other than the charge or fee imposed for the issuance of the gift certificate, including, without limitation, a service fee imposed on the basis of inactivity or any other type of charge or fee imposed after the sale of the gift certificate.

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Nev. Rev. Stat. § 598.0922. “Deceptive trade practice” defined.1. Except as otherwise provided in subsection 2, a person engages in a “deceptive trade practice” if the person advertises or conducts a live musical performance or production in this State through the use of a false, deceptive or misleading affiliation, connection or association between a performing group and a recording group.

2. A person does not engage in a “deceptive trade practice” pursuant to subsection 1 if:

(a) The performing group is the authorized registrant and owner of a federal service mark comprising in whole or dominant part the mark or name of that group registered in the United States Patent and Trademark Office;

(b) At least one member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group;

(c) The live musical performance or production is identified in all advertising and promotion as a salute or tribute and the name of the performing group is not so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public;

(d) The advertising does not relate to a live musical performance or production taking place in this State; or

(e) The performance or production is expressly authorized in writing by the recording group.

3. As used in this section:

(a) “Performing group” means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name.

(b) “Person” means the performing group or its promoter, manager or agent. The term does not include the performance venue or its owners, managers or operators unless the performance venue has a controlling or majority ownership interest in and produces the performing group.

(c) “Recording group” means a vocal or instrumental group at least one of whose members has previously released a commercial sound recording under that group’s name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.

(d) “Sound recording” means a work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, such as a cassette tape, compact disc or phonograph album, in which the sounds are embodied.
Nev. Rev. Stat. § 598.0922. “Deceptive trade practice” defined.1. Except as otherwise provided in subsection 2, a person engages in a “deceptive trade practice” if the person advertises or conducts a live musical performance or production in this State through the use of a false, deceptive or misleading affiliation, connection or association between a performing group and a recording group.

2. A person does not engage in a “deceptive trade practice” pursuant to subsection 1 if:

(a) The performing group is the authorized registrant and owner of a federal service mark comprising in whole or dominant part the mark or name of that group registered in the United States Patent and Trademark Office;

(b) At least one member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group;

(c) The live musical performance or production is identified in all advertising and promotion as a salute or tribute and the name of the performing group is not so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public;

(d) The advertising does not relate to a live musical performance or production taking place in this State; or

(e) The performance or production is expressly authorized in writing by the recording group.

3. As used in this section:

(a) “Performing group” means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name.

(b) “Person” means the performing group or its promoter, manager or agent. The term does not include the performance venue or its owners, managers or operators unless the performance venue has a controlling or majority ownership interest in and produces the performing group.

(c) “Recording group” means a vocal or instrumental group at least one of whose members has previously released a commercial sound recording under that group’s name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.

(d) “Sound recording” means a work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, such as a cassette tape, compact disc or phonograph album, in which the sounds are embodied.

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Nev. Rev. Stat. § 598.0923. “Deceptive trade practice” defined. A person engages in a “deceptive trade practice” when in the course of his or her business or occupation he or she knowingly:

1. Conducts the business or occupation without all required state, county or city licenses.

2. Fails to disclose a material fact in connection with the sale or lease of goods or services.

3. Violates a state or federal statute or regulation relating to the sale or lease of goods or services.

4. Uses coercion, duress or intimidation in a transaction.
Nev. Rev. Stat. § 598.0923. “Deceptive trade practice” defined. A person engages in a “deceptive trade practice” when in the course of his or her business or occupation he or she knowingly:

1. Conducts the business or occupation without all required state, county or city licenses.

2. Fails to disclose a material fact in connection with the sale or lease of goods or services.

3. Violates a state or federal statute or regulation relating to the sale or lease of goods or services.

4. Uses coercion, duress or intimidation in a transaction.

5. As the seller in a land sale installment contract, fails to:

(a) Disclose in writing to the buyer:

(1) Any encumbrance or other legal interest in the real property subject to such contract; or

(2) Any condition known to the seller that would affect the buyer’s use of such property.

(b) Disclose the nature and extent of legal access to the real property subject to such agreement.

(c) Record the land sale installment contract pursuant to NRS 111.315 within 30 calendar days after the date upon which the seller accepts the first payment from the buyer under such a contract.

(d) Pay the tax imposed on the land sale installment contract pursuant to chapter 375 of NRS.

(e) Include terms in the land sale installment contract providing rights and protections to the buyer that are substantially the same as those under a foreclosure pursuant to chapter 40 of NRS.

Ê As used in this subsection, “land sale installment contract” has the meaning ascribed to it in paragraph (d) of subsection 1 of NRS 375.010.

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Nev. Rev. Stat. § 598.0925. “Deceptive trade practice” defined. 1. Except as otherwise provided in this section, a person engages in a “deceptive trade practice” when, in the course of his or her business or occupation, he or she:

(a) Makes an assertion of scientific, clinical or quantifiable fact in an advertisement which would cause a reasonable person to believe that the assertion is true, unless, at the time the assertion is made, the person making it has possession of factually objective scientific, clinical or quantifiable evidence which substantiates the assertion; or

(b) Fails upon request of the Commissioner or the Attorney General to produce within 6 working days the substantiating evidence in his or her possession at the time the assertion of scientific, clinical or quantifiable fact was made.

2. This section does not apply to general assertions of opinion as to quality, value or condition made without the intent to mislead another person.
Nev. Rev. Stat. § 598.0925. “Deceptive trade practice” defined. [Effective through June 30, 2011.]
1. Except as otherwise provided in this section, a person engages in a “deceptive trade practice” when, in the course of his or her business or occupation, he or she:

(a) Makes an assertion of scientific, clinical or quantifiable fact in an advertisement which would cause a reasonable person to believe that the assertion is true, unless, at the time the assertion is made, the person making it has possession of factually objective scientific, clinical or quantifiable evidence which substantiates the assertion; or

(b) Fails upon request of the Attorney General to produce within 6 working days the substantiating evidence in his or her possession at the time the assertion of scientific, clinical or quantifiable fact was made.

2. This section does not apply to general assertions of opinion as to quality, value or condition made without the intent to mislead another person.

[Effective July 1, 2011.]
1. Except as otherwise provided in this section, a person engages in a “deceptive trade practice” when, in the course of his or her business or occupation, he or she:

(a) Makes an assertion of scientific, clinical or quantifiable fact in an advertisement which would cause a reasonable person to believe that the assertion is true, unless, at the time the assertion is made, the person making it has possession of factually objective scientific, clinical or quantifiable evidence which substantiates the assertion; or

(b) Fails upon request of the Commissioner or Attorney General to produce within 6 working days the substantiating evidence in his or her possession at the time the assertion of scientific, clinical or quantifiable fact was made.

2. This section does not apply to general assertions of opinion as to quality, value or condition made without the intent to mislead another person.

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Nev. Rev. Stat. § 598.0927. “Director” defined.“Director” means the Director of the Department of Business and Industry.Nev. Rev. Stat. § 598.0927. “Director” defined.“Director” means the Director of the Department of Business and Industry.

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Nev. Rev. Stat. § 598.0933. “Elderly person” defined. “Elderly person” means a person who is 60 years of age or older.Nev. Rev. Stat. § 598.0933. “Elderly person” defined. “Elderly person” means a person who is 60 years of age or older.

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Nev. Rev. Stat. § 598.0934. “Goods” defined. “Goods” includes, without limitation, a mobile or manufactured home which:

1. Is not affixed to land; or

2. Is affixed to land and sold, leased or offered for sale or lease separately from the land to which it is affixed.
Nev. Rev. Stat. § 598.0934. “Goods” defined. “Goods” includes, without limitation, a mobile or manufactured home which:

1. Is not affixed to land; or

2. Is affixed to land and sold, leased or offered for sale or lease separately from the land to which it is affixed.

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Nev. Rev. Stat. § 598.0935. “Mark” defined. “Mark” means a word, name, symbol, device or any combination of the foregoing in any form or arrangement.Nev. Rev. Stat. § 598.0935. “Mark” defined. “Mark” means a word, name, symbol, device or any combination of the foregoing in any form or arrangement.

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Nev. Rev. Stat. § 598.0936. “Person with a disability” defined. “Person with a disability” means a person who:

1. Has a physical or mental impairment that substantially limits one or more of the major life activities of the person;

2. Has a record of such an impairment; or

3. Is regarded as having such an impairment.
Nev. Rev. Stat. § 598.0936. “Person with a disability” defined. “Person with a disability” means a person who:

1. Has a physical or mental impairment that substantially limits one or more of the major life activities of the person;

2. Has a record of such an impairment; or

3. Is regarded as having such an impairment.

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Nev. Rev. Stat. § 598.0937. “Property” defined. “Property” means any real or personal property, or both real and personal property, intangible property or services.Nev. Rev. Stat. § 598.0937. “Property” defined. “Property” means any real or personal property, or both real and personal property, intangible property or services.

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Nev. Rev. Stat. § 598.094. “Sale” defined. “Sale” includes any sale, offer for sale or attempt to sell any property for any consideration.Nev. Rev. Stat. § 598.094. “Sale” defined. “Sale” includes any sale, offer for sale or attempt to sell any property for any consideration.

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Nev. Rev. Stat. § 598.0943. “Service mark” defined. “Service mark” means a mark used by a person to identify services and to distinguish them from the services of others.Nev. Rev. Stat. § 598.0943. “Service mark” defined. “Service mark” means a mark used by a person to identify services and to distinguish them from the services of others.

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Nev. Rev. Stat. § 598.0945. “Trademark” defined. “Trademark” means a mark used by a person to identify goods and to distinguish them from the goods of others.Nev. Rev. Stat. § 598.0945. “Trademark” defined. “Trademark” means a mark used by a person to identify goods and to distinguish them from the goods of others.

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Nev. Rev. Stat. § 598.0947. “Trade name” defined. “Trade name” means a word, name, symbol, device or any combination of the foregoing in any form or arrangement used by a person to identify his or her business or occupation, and to distinguish it from the business or occupation of others.Nev. Rev. Stat. § 598.0947. “Trade name” defined. “Trade name” means a word, name, symbol, device or any combination of the foregoing in any form or arrangement used by a person to identify his or her business or occupation, and to distinguish it from the business or occupation of others.

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Nev. Rev. Stat. § 598.0953. Engaging in deceptive trade practice prima facie evidence of intent to injure competitor; other rights of action not limited.1. Evidence that a person has engaged in a deceptive trade practice is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.

2. The deceptive trade practices listed in NRS 598.0915 to 598.0925, inclusive, are in addition to and do not limit the types of unfair trade practices actionable at common law or defined as such in other statutes of this State.
Nev. Rev. Stat. § 598.0953. Engaging in deceptive trade practice prima facie evidence of intent to injure competitor; other rights of action not limited.1. Evidence that a person has engaged in a deceptive trade practice is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.

2. The deceptive trade practices listed in NRS 598.0915 to 598.0925, inclusive, are in addition to and do not limit the types of unfair trade practices actionable at common law or defined as such in other statutes of this State.

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Nev. Rev. Stat. § 598.0955. Applicability of NRS 598.0903 to 598.0999, inclusive.1. The provisions of NRS 598.0903 to 598.0999, inclusive, do not apply to:

(a) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state or local governmental agency.

(b) Publishers, including outdoor advertising media, advertising agencies, broadcasters or printers engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character.

(c) Actions or appeals pending on July 1, 1973.

2. The provisions of NRS 598.0903 to 598.0999, inclusive, do not apply to the use by a person of any service mark, trademark, certification mark, collective mark, trade name or other trade identification which was used and not abandoned prior to July 1, 1973, if the use was in good faith and is otherwise lawful except for the provisions of NRS 598.0903 to 598.0999, inclusive.
Nev. Rev. Stat. § 598.0955. Applicability of NRS 598.0903 to 598.0999, inclusive.1. The provisions of NRS 598.0903 to 598.0999, inclusive, do not apply to:

(a) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state or local governmental agency.

(b) Publishers, including outdoor advertising media, advertising agencies, broadcasters or printers engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character.

(c) Actions or appeals pending on July 1, 1973.

2. The provisions of NRS 598.0903 to 598.0999, inclusive, do not apply to the use by a person of any service mark, trademark, certification mark, collective mark, trade name or other trade identification which was used and not abandoned prior to July 1, 1973, if the use was in good faith and is otherwise lawful except for the provisions of NRS 598.0903 to 598.0999, inclusive.

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Nev. Rev. Stat. § 598.0957. Director may delegate powers and duties. The Director may, in one or more particular cases, delegate his or her powers and duties under the provisions of NRS 598.0903 to 598.0999, inclusive, to any person under his or her direct supervision and direction.Nev. Rev. Stat. § 598.0957. Director may delegate powers and duties. The Director may, in one or more particular cases, delegate his or her powers and duties under the provisions of NRS 598.0903 to 598.0999, inclusive, to any person under his or her direct supervision and direction.

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Nev. Rev. Stat. § 598.0959. Advisory committees: Creation and appointment; membership; compensation. The Commissioner and Director may, independently, create and appoint advisory committees whenever necessary to advise them in the performance of their powers and duties pursuant to NRS 598.0903 to 598.0999, inclusive. Any such committee must be created by a regulation adopted in accordance with the provisions of chapter 233B of NRS. The regulation must specify:

1. The membership of the committee;

2. The duties of the committee and the purpose for which it is created;

3. The period of existence of the committee; and

4. The rules for the governance of the committee.

Ê The membership of the committee must include a member who is a representative of any business or industry which may be affected by any advice provided by the committee. The members of an advisory committee created pursuant to this section serve without compensation unless an appropriation or other money for that purpose is provided by the Legislature.
Nev. Rev. Stat. § 598.0959. Advisory committees: Creation and appointment; membership; compensation. The Commissioner and Director may, independently, create and appoint advisory committees whenever necessary to advise them in the performance of their powers and duties pursuant to NRS 598.0903 to 598.0999, inclusive. Any such committee must be created by a regulation adopted in accordance with the provisions of chapter 233B of NRS. The regulation must specify:

1. The membership of the committee;

2. The duties of the committee and the purpose for which it is created;

3. The period of existence of the committee; and

4. The rules for the governance of the committee.

Ê The membership of the committee must include a member who is a representative of any business or industry which may be affected by any advice provided by the committee. The members of an advisory committee created pursuant to this section serve without compensation unless an appropriation or other money for that purpose is provided by the Legislature.

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Nev. Rev. Stat. § 598.096. Powers of Director, Commissioner and Attorney General. When the commissioner, director or attorney general has cause to believe that any person has engaged or is engaging in any deceptive trade practice, he may:

1. Request the person to file a statement or report in writing under oath or otherwise, on such forms as may be prescribed by the commissioner, director or attorney general, as to all facts and circumstances concerning the sale or advertisement of property by the person, and such other data and information as the commissioner, director or attorney general may deem necessary.

2. Examine under oath any person in connection with the sale or advertisement of any property.

3. Examine any property or sample thereof, record, book, document, account or paper as he may deem necessary.

4. Make true copies, at the expense of the consumer affairs division of the department of business and industry, of any record, book, document, account or paper examined pursuant to subsection 3, which copies may be offered into evidence in lieu of the originals thereof in actions brought pursuant to NRS 598.097; and 598.0979.

5. Pursuant to an order of any district court, impound any sample of property which is material to the deceptive trade practice and retain the property in his possession until completion of all proceedings as provided in NRS 598.0903 to 598.0999, inclusive. An order may not be issued pursuant to this subsection unless:

(a) The commissioner, director or attorney general, and the court give the accused full opportunity to be heard; and

(b) The commissioner, director or attorney general proves by clear and convincing evidence that the business activities of the accused will not be impaired thereby.
Nev. Rev. Stat. § 598.096. Powers of Attorney General. [Effective through June 30, 2011.]
When the Attorney General has cause to believe that any person has engaged or is engaging in any deceptive trade practice, he or she may:

1. Request the person to file a statement or report in writing under oath or otherwise, on such forms as may be prescribed by the Attorney General, as to all facts and circumstances concerning the sale or advertisement of property by the person, and such other data and information as the Attorney General may deem necessary.

2. Examine under oath any person in connection with the sale or advertisement of any property.

3. Examine any property or sample thereof, record, book, document, account or paper as he or she may deem necessary.

4. Make true copies, at the expense of the Attorney General, of any record, book, document, account or paper examined pursuant to subsection 3, which copies may be offered into evidence in lieu of the originals thereof in actions brought pursuant to NRS 598.097.

5. Pursuant to an order of any district court, impound any sample of property which is material to the deceptive trade practice and retain the property in his or her possession until completion of all proceedings as provided in NRS 598.0903 to 598.0999, inclusive. An order may not be issued pursuant to this subsection unless:

(a) The Attorney General and the court give the accused full opportunity to be heard; and

(b) The Attorney General proves by clear and convincing evidence that the business activities of the accused will not be impaired thereby.

[Effective July 1, 2011.]
When the Commissioner, Director or Attorney General has cause to believe that any person has engaged or is engaging in any deceptive trade practice, he or she may:

1. Request the person to file a statement or report in writing under oath or otherwise, on such forms as may be prescribed by the Commissioner, Director or Attorney General, as to all facts and circumstances concerning the sale or advertisement of property by the person, and such other data and information as the Commissioner, Director or Attorney General may deem necessary.

2. Examine under oath any person in connection with the sale or advertisement of any property.

3. Examine any property or sample thereof, record, book, document, account or paper as he or she may deem necessary.

4. Make true copies, at the expense of the Consumer Affairs Division of the Department of Business and Industry, of any record, book, document, account or paper examined pursuant to subsection 3, which copies may be offered into evidence in lieu of the originals thereof in actions brought pursuant to NRS 598.097 and 598.0979.

5. Pursuant to an order of any district court, impound any sample of property which is material to the deceptive trade practice and retain the property in his or her possession until completion of all proceedings as provided in NRS 598.0903 to 598.0999, inclusive. An order may not be issued pursuant to this subsection unless:

(a) The Commissioner, Director or Attorney General, and the court give the accused full opportunity to be heard; and

(b) The Commissioner, Director or Attorney General proves by clear and convincing evidence that the business activities of the accused will not be impaired thereby.

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Nev. Rev. Stat. § 598.0963. Additional powers of Attorney General. 1. Whenever the attorney general is requested in writing by the commissioner or the director to represent him in instituting a legal proceeding against a person who has engaged or is engaging in a deceptive trade practice, the attorney general may bring an action in the name of the State of Nevada against that person on behalf of the commissioner or director.

2. The attorney general may institute criminal proceedings to enforce the provisions of NRS 598.0903 to 598.0999, inclusive. The attorney general is not required to obtain leave of the court before instituting criminal proceedings pursuant to this subsection.

3. If the attorney general has reason to believe that a person has engaged or is engaging in a deceptive trade practice, the attorney general may bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief.

4. If the attorney general has cause to believe that a person has engaged or is engaging in a deceptive trade practice, the attorney general may issue a subpoena to require the testimony of any person or the production of any documents, and may administer an oath or affirmation to any person providing such testimony. The subpoena must be served upon the person in the manner required for service of process in this state or by certified mail with return receipt requested. An employee of the attorney general may personally serve the subpoena.
Nev. Rev. Stat. § 598.0963. Additional powers of Attorney General. [Effective through June 30, 2011.]
1. The Attorney General may institute criminal proceedings to enforce the provisions of NRS 598.0903 to 598.0999, inclusive. The Attorney General is not required to obtain leave of the court before instituting criminal proceedings pursuant to this subsection.

2. If the Attorney General has reason to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief.

3. If the Attorney General has cause to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may issue a subpoena to require the testimony of any person or the production of any documents, and may administer an oath or affirmation to any person providing such testimony. The subpoena must be served upon the person in the manner required for service of process in this State or by certified mail with return receipt requested. An employee of the Attorney General may personally serve the subpoena.

[Effective July 1, 2011.]
1. Whenever the Attorney General is requested in writing by the Commissioner or the Director to represent him or her in instituting a legal proceeding against a person who has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person on behalf of the Commissioner or Director.

2. The Attorney General may institute criminal proceedings to enforce the provisions of NRS 598.0903 to 598.0999, inclusive. The Attorney General is not required to obtain leave of the court before instituting criminal proceedings pursuant to this subsection.

3. If the Attorney General has reason to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief.

4. If the Attorney General has cause to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may issue a subpoena to require the testimony of any person or the production of any documents, and may administer an oath or affirmation to any person providing such testimony. The subpoena must be served upon the person in the manner required for service of process in this State or by certified mail with return receipt requested. An employee of the Attorney General may personally serve the subpoena.

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Nev. Rev. Stat. § 598.0964. Use and sharing of confidential information by Attorney General; cooperation between Attorney General and other agencies and officials. 1. The Attorney General, in the course of the investigation of any alleged violations of this chapter, may obtain and use any intelligence, investigative information or other information obtained by or made available to the Attorney General. Except as otherwise provided in subsections 2 and 3, any such intelligence or information received must retain its confidential status under the laws of this State until the Attorney General institutes civil or criminal proceedings and is exempt from the provisions of NRS 239.010.

2. Except as otherwise provided in subsection 4, the Attorney General may cooperate with and coordinate the enforcement of the provisions of this chapter with State and local agencies, officials of the Federal Government and the several states, including, but not limited to, the sharing of information and evidence obtained in accordance with subsection 1 or NRS 598.0963.

3. The provisions of subsections 1 and 2 do not prohibit the Attorney General from disclosing any intelligence or information received pursuant to subsection 1, including, without limitation, the address or telephone number of a business or organization, before the Attorney General institutes civil or criminal proceedings if, in the discretion of the Attorney General, that disclosure is necessary to protect consumers and businesses.

4. If any information sought pursuant to an investigation of an alleged violation of this chapter includes a trade secret, the Attorney General shall enter into, and be bound by, an agreement regarding limitations on the disclosure of that information to protect that trade secret. Notwithstanding the provisions of this section, the Attorney General shall not disclose that information in violation of the terms of the agreement. For the purposes of this subsection, “trade secret” has the meaning ascribed to it in NRS 600A.030.

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Nev. Rev. Stat. § 598.0965. Commissioner or Director to provide investigative assistance to Attorney General; legal advice and guidance by Attorney General. 1. Within the limits of legislative appropriation and the availability of personnel, the commissioner or director shall provide investigative assistance, including the identification and use of relevant evidence in his possession, necessary for litigation referred to the attorney general pursuant to NRS 598.0963; or 598.0979. The attorney general shall provide legal advice and guidance to the commissioner or director in carrying out his powers and duties pursuant to NRS 598.0903 to 598.0999, inclusive, including the investigation of any alleged violation of those sections and the preparation for litigation.

2. Upon written request by the attorney general, the commissioner or director may provide any investigative assistance, including evidence and information in his possession, for use in any action brought by the attorney general pursuant to subsection 3 of NRS 598.0963. No request for assistance may be unreasonably denied.
Nev. Rev. Stat. § 598.0965. Commissioner or Director to provide investigative assistance to Attorney General; legal advice and guidance by Attorney General. 1. Within the limits of legislative appropriation and the availability of personnel, the Commissioner or Director shall provide investigative assistance, including the identification and use of relevant evidence in his or her possession, necessary for litigation referred to the Attorney General pursuant to NRS 598.0963 or 598.0979. The Attorney General shall provide legal advice and guidance to the Commissioner or Director in carrying out his or her powers and duties pursuant to NRS 598.0903 to 598.0999, inclusive, including the investigation of any alleged violation of those sections and the preparation for litigation.

2. Upon written request by the Attorney General, the Commissioner or Director may provide any investigative assistance, including evidence and information in his or her possession, for use in any action brought by the Attorney General pursuant to subsection 3 of NRS 598.0963. No request for assistance may be unreasonably denied.

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Nev. Rev. Stat. § 598.0966. Revolving account for Consumer Affairs Division: Creation; use; deposits; withdrawals; reimbursement; duties of Commissioner. 1. There is hereby created a revolving account for the Consumer Affairs Division of the Department of Business and Industry in the sum of $7,500, which must be used for the payment of expenses related to conducting an undercover investigation of a person who is allegedly engaging in a deceptive trade practice.

2. The Commissioner shall deposit the money in the revolving account in a bank or credit union qualified to receive deposits of public money as provided by law, and the deposit must be secured by a depository bond satisfactory to the State Board of Examiners.

3. The Commissioner or the designee of the Commissioner may:

(a) Sign all checks drawn upon the revolving account; and

(b) Make withdrawals of cash from the revolving account.

4. Payments made from the revolving account must be promptly reimbursed from the legislative appropriation, if any, to the Consumer Affairs Division for the expenses related to conducting an undercover investigation of a person who is allegedly engaging in a deceptive trade practice. The claim for reimbursement must be processed and paid as other claims against the State are paid.

5. The Commissioner shall:

(a) Approve any disbursement from the revolving account; and

(b) Maintain records of any such disbursement.
Nev. Rev. Stat. § 598.0966. Revolving account for Consumer Affairs Division: Creation; use; deposits; withdrawals; reimbursement; duties of Commissioner. 1. There is hereby created a revolving account for the Consumer Affairs Division of the Department of Business and Industry in the sum of $7,500, which must be used for the payment of expenses related to conducting an undercover investigation of a person who is allegedly engaging in a deceptive trade practice.

2. The Commissioner shall deposit the money in the revolving account in a bank or credit union qualified to receive deposits of public money as provided by law, and the deposit must be secured by a depository bond satisfactory to the State Board of Examiners.

3. The Commissioner or the designee of the Commissioner may:

(a) Sign all checks drawn upon the revolving account; and

(b) Make withdrawals of cash from the revolving account.

4. Payments made from the revolving account must be promptly reimbursed from the legislative appropriation, if any, to the Consumer Affairs Division for the expenses related to conducting an undercover investigation of a person who is allegedly engaging in a deceptive trade practice. The claim for reimbursement must be processed and paid as other claims against the State are paid.

5. The Commissioner shall:

(a) Approve any disbursement from the revolving account; and

(b) Maintain records of any such disbursement.

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Nev. Rev. Stat. § 598.0967. Commissioner and Director: Subpoenas; hearings; regulations. 1. The Commissioner and the Director, in addition to other powers conferred upon them by NRS 598.0903 to 598.0999, inclusive, may issue subpoenas to require the attendance of witnesses or the production of documents, conduct hearings in aid of any investigation or inquiry and prescribe such forms and adopt such regulations as may be necessary to administer the provisions of NRS 598.0903 to 598.0999, inclusive. Such regulations may include, without limitation, provisions concerning the applicability of the provisions of NRS 598.0903 to 598.0999, inclusive, to particular persons or circumstances.

2. Service of any notice or subpoena must be made as provided in N.R.C.P. 45(c).
Nev. Rev. Stat. § 598.0967. Commissioner and Director: Subpoenas; hearings; regulations. 1. The Commissioner and the Director, in addition to other powers conferred upon them by NRS 598.0903 to 598.0999, inclusive, may issue subpoenas to require the attendance of witnesses or the production of documents, conduct hearings in aid of any investigation or inquiry and prescribe such forms and adopt such regulations as may be necessary to administer the provisions of NRS 598.0903 to 598.0999, inclusive. Such regulations may include, without limitation, provisions concerning the applicability of the provisions of NRS 598.0903 to 598.0999, inclusive, to particular persons or circumstances.

2. Service of any notice or subpoena must be made as provided in N.R.C.P. 45(c).

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Nev. Rev. Stat. § 598.097. Commissioner, Director and Attorney General: Equitable relief. If any person fails to cooperate with any investigation, as provided in NRS 598.096, or if any person fails to obey a subpoena issued by the commissioner, director or attorney general pursuant to NRS 598.0963; or 598.0967, the commissioner, director or attorney general may apply to any district court for equitable relief. The application must state reasonable grounds showing that the relief is necessary to terminate or prevent a deceptive trade practice. If the court is satisfied of the reasonable grounds, the court may:

1. Grant injunctive relief restraining the sale or advertisement of any property by the person.

2. Require the attendance of or the production of documents by the person, or both.

3. Grant other relief necessary to compel compliance by the person.
Nev. Rev. Stat. § 598.097. Attorney General: Equitable relief. [Effective through June 30, 2011.]
If any person fails to cooperate with any investigation, as provided in NRS 598.096, or if any person fails to obey a subpoena issued by the Attorney General pursuant to NRS 598.0963, the Attorney General may apply to any district court for equitable relief. The application must state reasonable grounds showing that the relief is necessary to terminate or prevent a deceptive trade practice. If the court is satisfied of the reasonable grounds, the court may:

1. Grant injunctive relief restraining the sale or advertisement of any property by the person.

2. Require the attendance of or the production of documents by the person, or both.

3. Grant other relief necessary to compel compliance by the person.

[Effective July 1, 2011.]
If any person fails to cooperate with any investigation, as provided in NRS 598.096, or if any person fails to obey a subpoena issued by the Commissioner, Director or Attorney General pursuant to NRS 598.0963 or 598.0967, the Commissioner, Director or Attorney General may apply to any district court for equitable relief. The application must state reasonable grounds showing that the relief is necessary to terminate or prevent a deceptive trade practice. If the court is satisfied of the reasonable grounds, the court may:

1. Grant injunctive relief restraining the sale or advertisement of any property by the person.

2. Require the attendance of or the production of documents by the person, or both.

3. Grant other relief necessary to compel compliance by the person.

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Nev. Rev. Stat. § 598.0971. Orders for enforcement: Authority of Commissioner; judicial review and enforcement; civil penalty and equitable relief. 1. If, after an investigation, the Commissioner has reasonable cause to believe that any person has been engaged or is engaging in any deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, the Commissioner may issue an order directed to the person to show cause why the Commissioner should not order the person to cease and desist from engaging in the practice. The order must contain a statement of the charges and a notice of a hearing to be held thereon. The order must be served upon the person directly or by certified or registered mail, return receipt requested.

2. If, after conducting a hearing pursuant to the provisions of subsection 1, the Commissioner determines that the person has violated any of the provisions of NRS 598.0903 to 598.0999, inclusive, or if the person fails to appear for the hearing after being properly served with the statement of charges and notice of hearing, the Commissioner may make a written report of his or her findings of fact concerning the violation and cause to be served a copy thereof upon the person and any intervener at the hearing. If the Commissioner determines in the report that such a violation has occurred, he or she may order the violator to:

(a) Cease and desist from engaging in the practice or other activity constituting the violation;

(b) Pay the costs of conducting the investigation, costs of conducting the hearing, costs of reporting services, fees for experts and other witnesses, charges for the rental of a hearing room if such a room is not available to the Commissioner free of charge, charges for providing an independent hearing officer, if any, and charges incurred for any service of process, if the violator is adjudicated to have committed a violation of NRS 598.0903 to 598.0999, inclusive; and

(c) Provide restitution for any money or property improperly received or obtained as a result of the violation.

Ê The order must be served upon the person directly or by certified or registered mail, return receipt requested. The order becomes effective upon service in the manner provided in this subsection.

3. Any person whose pecuniary interests are directly and immediately affected by an order issued pursuant to subsection 2 or who is aggrieved by the order may petition for judicial review in the manner provided in chapter 233B of NRS. Such a petition must be filed within 30 days after the service of the order. The order becomes final upon the filing of the petition.

4. If a person fails to comply with any provision of an order issued pursuant to subsection 2, the Commissioner may, through the Attorney General, at any time after 30 days after the service of the order, cause an action to be instituted in the district court of the county wherein the person resides or has his or her principal place of business requesting the court to enforce the provisions of the order or to provide any other appropriate injunctive relief.

5. If the court finds that:

(a) The violation complained of is a deceptive trade practice;

(b) The proceedings by the Commissioner concerning the written report and any order issued pursuant to subsection 2 are in the interest of the public; and

(c) The findings of the Commissioner are supported by the weight of the evidence,

Ê the court shall issue an order enforcing the provisions of the order of the Commissioner.

6. Except as otherwise provided in NRS 598.0974, an order issued pursuant to subsection 5 may include:

(a) A provision requiring the payment to the Commissioner of a penalty of not more than $5,000 for each act amounting to a failure to comply with the Commissioner’s order; or

(b) Such injunctive or other equitable or extraordinary relief as is determined appropriate by the court.

7. Any aggrieved party may appeal from the final judgment, order or decree of the court in a like manner as provided for appeals in civil cases.

8. Upon the violation of any judgment, order or decree issued pursuant to subsection 5 or 6, the Commissioner, after a hearing thereon, may proceed in accordance with the provisions of NRS 598.0999.
Nev. Rev. Stat. § 598.0971. Orders for enforcement: Authority of Commissioner; judicial review and enforcement; civil penalty and equitable relief. 1. If, after an investigation, the Commissioner has reasonable cause to believe that any person has been engaged or is engaging in any deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, the Commissioner may issue an order directed to the person to show cause why the Commissioner should not order the person to cease and desist from engaging in the practice. The order must contain a statement of the charges and a notice of a hearing to be held thereon. The order must be served upon the person directly or by certified or registered mail, return receipt requested.

2. If, after conducting a hearing pursuant to the provisions of subsection 1, the Commissioner determines that the person has violated any of the provisions of NRS 598.0903 to 598.0999, inclusive, or if the person fails to appear for the hearing after being properly served with the statement of charges and notice of hearing, the Commissioner may make a written report of his or her findings of fact concerning the violation and cause to be served a copy thereof upon the person and any intervener at the hearing. If the Commissioner determines in the report that such a violation has occurred, he or she may order the violator to:

(a) Cease and desist from engaging in the practice or other activity constituting the violation;

(b) Pay the costs of conducting the investigation, costs of conducting the hearing, costs of reporting services, fees for experts and other witnesses, charges for the rental of a hearing room if such a room is not available to the Commissioner free of charge, charges for providing an independent hearing officer, if any, and charges incurred for any service of process, if the violator is adjudicated to have committed a violation of NRS 598.0903 to 598.0999, inclusive; and

(c) Provide restitution for any money or property improperly received or obtained as a result of the violation.

Ê The order must be served upon the person directly or by certified or registered mail, return receipt requested. The order becomes effective upon service in the manner provided in this subsection.

3. Any person whose pecuniary interests are directly and immediately affected by an order issued pursuant to subsection 2 or who is aggrieved by the order may petition for judicial review in the manner provided in chapter 233B of NRS. Such a petition must be filed within 30 days after the service of the order. The order becomes final upon the filing of the petition.

4. If a person fails to comply with any provision of an order issued pursuant to subsection 2, the Commissioner may, through the Attorney General, at any time after 30 days after the service of the order, cause an action to be instituted in the district court of the county wherein the person resides or has his or her principal place of business requesting the court to enforce the provisions of the order or to provide any other appropriate injunctive relief.

5. If the court finds that:

(a) The violation complained of is a deceptive trade practice;

(b) The proceedings by the Commissioner concerning the written report and any order issued pursuant to subsection 2 are in the interest of the public; and

(c) The findings of the Commissioner are supported by the weight of the evidence,

Ê the court shall issue an order enforcing the provisions of the order of the Commissioner.

6. Except as otherwise provided in NRS 598.0974, an order issued pursuant to subsection 5 may include:

(a) A provision requiring the payment to the Commissioner of a penalty of not more than $5,000 for each act amounting to a failure to comply with the Commissioner’s order; or

(b) Such injunctive or other equitable or extraordinary relief as is determined appropriate by the court.

7. Any aggrieved party may appeal from the final judgment, order or decree of the court in a like manner as provided for appeals in civil cases.

8. Upon the violation of any judgment, order or decree issued pursuant to subsection 5 or 6, the Commissioner, after a hearing thereon, may proceed in accordance with the provisions of NRS 598.0999.

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Nev. Rev. Stat. § 598.0973. Civil penalty for engaging in deceptive trade practice directed toward elderly person or person with disability.1. Except as otherwise provided in NRS 598.0974, in any action brought pursuant to NRS 598.0979 to 598.099, inclusive, if the court finds that a person has engaged in a deceptive trade practice directed toward an elderly person or a person with a disability, the court may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $12,500 for each violation.

2. In determining whether to impose a civil penalty pursuant to subsection 1, the court shall consider whether:

(a) The conduct of the person was in disregard of the rights of the elderly person or person with a disability;

(b) The person knew or should have known that his or her conduct was directed toward an elderly person or a person with a disability;

(c) The elderly person or person with a disability was more vulnerable to the conduct of the person because of the age, health, infirmity, impaired understanding, restricted mobility or disability of the elderly person or person with a disability;

(d) The conduct of the person caused the elderly person or person with a disability to suffer actual and substantial physical, emotional or economic damage;

(e) The conduct of the person caused the elderly person or person with a disability to suffer:

(1) Mental or emotional anguish;

(2) The loss of the primary residence of the elderly person or person with a disability;

(3) The loss of the principal employment or source of income of the elderly person or person with a disability;

(4) The loss of money received from a pension, retirement plan or governmental program;

(5) The loss of property that had been set aside for retirement or for personal or family care and maintenance;

(6) The loss of assets which are essential to the health and welfare of the elderly person or person with a disability; or

(7) Any other interference with the economic well-being of the elderly person or person with a disability, including the encumbrance of his or her primary residence or principal source of income; or

(f) Any other factors that the court deems to be appropriate.
Nev. Rev. Stat. § 598.0973. Civil penalty for engaging in deceptive trade practice directed toward elderly person or person with disability.1. Except as otherwise provided in NRS 598.0974, in any action brought pursuant to NRS 598.0979 to 598.099, inclusive, if the court finds that a person has engaged in a deceptive trade practice directed toward an elderly person or a person with a disability, the court may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $12,500 for each violation.

2. In determining whether to impose a civil penalty pursuant to subsection 1, the court shall consider whether:

(a) The conduct of the person was in disregard of the rights of the elderly person or person with a disability;

(b) The person knew or should have known that his or her conduct was directed toward an elderly person or a person with a disability;

(c) The elderly person or person with a disability was more vulnerable to the conduct of the person because of the age, health, infirmity, impaired understanding, restricted mobility or disability of the elderly person or person with a disability;

(d) The conduct of the person caused the elderly person or person with a disability to suffer actual and substantial physical, emotional or economic damage;

(e) The conduct of the person caused the elderly person or person with a disability to suffer:

(1) Mental or emotional anguish;

(2) The loss of the primary residence of the elderly person or person with a disability;

(3) The loss of the principal employment or source of income of the elderly person or person with a disability;

(4) The loss of money received from a pension, retirement plan or governmental program;

(5) The loss of property that had been set aside for retirement or for personal or family care and maintenance;

(6) The loss of assets which are essential to the health and welfare of the elderly person or person with a disability; or

(7) Any other interference with the economic well-being of the elderly person or person with a disability, including the encumbrance of his or her primary residence or principal source of income; or

(f) Any other factors that the court deems to be appropriate.

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Nev. Rev. Stat. § 598.0974. Civil penalty prohibited under certain circumstances. A civil penalty must not be imposed against any person who engages in a deceptive trade practice pursuant to NRS 598.0903 to 598.0999, inclusive, in a civil proceeding brought by the Commissioner, Director or Attorney General if a fine has previously been imposed against that person by the Department of Motor Vehicles pursuant to NRS 482.554 for the same act.Nev. Rev. Stat. § 598.0974. Civil penalty prohibited under certain circumstances. [Effective through June 30, 2011.]
A civil penalty must not be imposed against any person who engages in a deceptive trade practice pursuant to NRS 598.0903 to 598.0999, inclusive, in a civil proceeding brought by the Attorney General if a fine has previously been imposed against that person by the Department of Motor Vehicles pursuant to NRS 482.554 for the same act.

[Effective July 1, 2011.]
A civil penalty must not be imposed against any person who engages in a deceptive trade practice pursuant to NRS 598.0903 to 598.0999, inclusive, in a civil proceeding brought by the Commissioner, Director or Attorney General if a fine has previously been imposed against that person by the Department of Motor Vehicles pursuant to NRS 482.554 for the same act.

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Nev. Rev. Stat. § 598.0975. Deposit and use of money collected pursuant to NRS 598.0903 to 598.0999, inclusive. 1. Except as otherwise provided in subsection 3 and in subsection 1 of NRS 598.0999, all fees, civil penalties and any other money collected pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive:

(a) In an action brought by the Attorney General, Commissioner or Director, must be deposited in the State General Fund and may only be used to offset the costs of administering and enforcing the provisions of NRS 598.0903 to 598.0999, inclusive.

(b) In an action brought by the district attorney of a county, must be deposited with the county treasurer of that county and accounted for separately in the county general fund.

2. Money in the account created pursuant to paragraph (b) of subsection 1 must be used by the district attorney of the county for:

(a) The investigation and prosecution of deceptive trade practices against elderly persons or persons with disabilities; and

(b) Programs for the education of consumers which are directed toward elderly persons or persons with disabilities, law enforcement officers, members of the judicial system, persons who provide social services and the general public.

3. The provisions of this section do not apply to:

(a) Criminal fines imposed pursuant to NRS 598.0903 to 598.0999, inclusive; or

(b) Restitution ordered pursuant to NRS 598.0903 to 598.0999, inclusive, in an action brought by the Attorney General. Money collected for restitution ordered in such an action must be deposited by the Attorney General and credited to the appropriate account of the Consumer Affairs Division of the Department of Business and Industry or the Attorney General for distribution to the person for whom the restitution was ordered.
Nev. Rev. Stat. § 598.0975. Deposit and use of money collected pursuant to NRS 598.0903 to 598.0999, inclusive. [Effective through June 30, 2011.]
1. Except as otherwise provided in subsection 3 and in subsection 1 of NRS 598.0999, all fees, civil penalties and any other money collected pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive:

(a) In an action brought by the Attorney General, must be deposited in the State General Fund and may only be used to offset the costs of administering and enforcing the provisions of NRS 598.0903 to 598.0999, inclusive.

(b) In an action brought by the district attorney of a county, must be deposited with the county treasurer of that county and accounted for separately in the county general fund.

2. Money in the account created pursuant to paragraph (b) of subsection 1 must be used by the district attorney of the county for:

(a) The investigation and prosecution of deceptive trade practices against elderly persons or persons with disabilities; and

(b) Programs for the education of consumers which are directed toward elderly persons or persons with disabilities, law enforcement officers, members of the judicial system, persons who provide social services and the general public.

3. The provisions of this section do not apply to:

(a) Criminal fines imposed pursuant to NRS 598.0903 to 598.0999, inclusive; or

(b) Restitution ordered pursuant to NRS 598.0903 to 598.0999, inclusive, in an action brought by the Attorney General. Money collected for restitution ordered in such an action must be deposited by the Attorney General and credited to the appropriate account of the Attorney General for distribution to the person for whom the restitution was ordered.

[Effective July 1, 2011.]
1. Except as otherwise provided in subsection 3 and in subsection 1 of NRS 598.0999, all fees, civil penalties and any other money collected pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive:

(a) In an action brought by the Attorney General, Commissioner or Director, must be deposited in the State General Fund and may only be used to offset the costs of administering and enforcing the provisions of NRS 598.0903 to 598.0999, inclusive.

(b) In an action brought by the district attorney of a county, must be deposited with the county treasurer of that county and accounted for separately in the county general fund.

2. Money in the account created pursuant to paragraph (b) of subsection 1 must be used by the district attorney of the county for:

(a) The investigation and prosecution of deceptive trade practices against elderly persons or persons with disabilities; and

(b) Programs for the education of consumers which are directed toward elderly persons or persons with disabilities, law enforcement officers, members of the judicial system, persons who provide social services and the general public.

3. The provisions of this section do not apply to:

(a) Criminal fines imposed pursuant to NRS 598.0903 to 598.0999, inclusive; or

(b) Restitution ordered pursuant to NRS 598.0903 to 598.0999, inclusive, in an action brought by the Attorney General. Money collected for restitution ordered in such an action must be deposited by the Attorney General and credited to the appropriate account of the Consumer Affairs Division of the Department of Business and Industry or the Attorney General for distribution to the person for whom the restitution was ordered.

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Nev. Rev. Stat. § 598.0977. Civil action by elderly person or person with disability against person who engaged in deceptive trade practice; remedies.If an elderly person or a person with a disability suffers damage or injury as a result of a deceptive trade practice, he or she or his or her legal representative, if any, may commence a civil action against any person who engaged in the practice to recover the actual damages suffered by the elderly person or person with a disability, punitive damages, if appropriate, and reasonable attorney’s fees. The collection of any restitution awarded pursuant to this section has a priority over the collection of any civil penalty imposed pursuant to NRS 598.0973.Nev. Rev. Stat. § 598.0977. Civil action by elderly person or person with disability against person who engaged in deceptive trade practice; remedies.If an elderly person or a person with a disability suffers damage or injury as a result of a deceptive trade practice, he or she or his or her legal representative, if any, may commence a civil action against any person who engaged in the practice to recover the actual damages suffered by the elderly person or person with a disability, punitive damages, if appropriate, and reasonable attorney’s fees. The collection of any restitution awarded pursuant to this section has a priority over the collection of any civil penalty imposed pursuant to NRS 598.0973.

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Nev. Rev. Stat. § 598.0979. Restraining orders; injunctions; assurances of discontinuance.1. Notwithstanding the requirement of knowledge as an element of a deceptive trade practice, when the Commissioner or Director has cause to believe that a person has engaged or is engaging in any deceptive trade practice, knowingly or otherwise, he may request in writing that the Attorney General represent him in instituting an appropriate legal proceeding, including, without limitation, an application for an injunction or temporary restraining order prohibiting the person from continuing the practices. The court may make orders or judgments necessary to prevent the use by the person of any such deceptive trade practice or to restore to any other person any money or property which may have been acquired by the deceptive trade practice.

2. Where the Commissioner or Director has the authority to institute a civil action or other proceeding, in lieu thereof or as a part thereof, he may accept an assurance of discontinuance of any deceptive trade practice. This assurance may include a stipulation for the payment by the alleged violator of:

(a) The costs of investigation and the costs of instituting the action or proceeding;

(b) Any amount of money which he may be required to pay pursuant to the provisions of NRS 598.0971 in lieu of any administrative fine; and

(c) The restitution of any money or property acquired by any deceptive trade practice.

Except as otherwise provided in this subsection and NRS 239.0115, any assurance of discontinuance accepted by the Commissioner or Director and any stipulation filed with the court is confidential to the parties to the action or proceeding and to the court and its employees. Upon final judgment by the court that an injunction or a temporary restraining order, issued as provided in subsection 1, has been violated, an assurance of discontinuance has been violated or a person has engaged in the same deceptive trade practice as had previously been enjoined, the assurance of discontinuance or stipulation becomes a public record. Proof by a preponderance of the evidence of a violation of an assurance constitutes prima facie evidence of a deceptive trade practice for the purpose of any civil action or proceeding brought thereafter by the Commissioner or Director, whether a new action or a subsequent motion or petition in any pending action or proceeding.
Nev. Rev. Stat. § 598.0979. Restraining orders; injunctions; assurances of discontinuance. 1. Notwithstanding the requirement of knowledge as an element of a deceptive trade practice, when the Commissioner or Director has cause to believe that a person has engaged or is engaging in any deceptive trade practice, knowingly or otherwise, he or she may request in writing that the Attorney General represent him or her in instituting an appropriate legal proceeding, including, without limitation, an application for an injunction or temporary restraining order prohibiting the person from continuing the practices. The court may make orders or judgments necessary to prevent the use by the person of any such deceptive trade practice or to restore to any other person any money or property which may have been acquired by the deceptive trade practice.

2. Where the Commissioner or Director has the authority to institute a civil action or other proceeding, in lieu thereof or as a part thereof, he or she may accept an assurance of discontinuance of any deceptive trade practice. This assurance may include a stipulation for the payment by the alleged violator of:

(a) The costs of investigation and the costs of instituting the action or proceeding;

(b) Any amount of money which he or she may be required to pay pursuant to the provisions of NRS 598.0971 in lieu of any administrative fine; and

(c) The restitution of any money or property acquired by any deceptive trade practice.

Ê Except as otherwise provided in this subsection and NRS 239.0115, any assurance of discontinuance accepted by the Commissioner or Director and any stipulation filed with the court is confidential to the parties to the action or proceeding and to the court and its employees. Upon final judgment by the court that an injunction or a temporary restraining order, issued as provided in subsection 1, has been violated, an assurance of discontinuance has been violated or a person has engaged in the same deceptive trade practice as had previously been enjoined, the assurance of discontinuance or stipulation becomes a public record. Proof by a preponderance of the evidence of a violation of an assurance constitutes prima facie evidence of a deceptive trade practice for the purpose of any civil action or proceeding brought thereafter by the Commissioner or Director, whether a new action or a subsequent motion or petition in any pending action or proceeding.

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Nev. Rev. Stat. § 598.098. Disclosure of information by Commissioner or Director; regulations. 1. NRS 598.0903 to 598.0999, inclusive, do not prohibit the Commissioner or Director from disclosing to the Attorney General, any district attorney or any law enforcement officer the fact that a crime has been committed by any person, if this fact has become known as a result of any investigation conducted pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive.

2. Subject to the provisions of subsection 2 of NRS 598.0979 and except as otherwise provided in this section, the Commissioner or Director may not make public the name of any person alleged to have committed a deceptive trade practice. This subsection does not:

(a) Prevent the Commissioner or Director from issuing public statements describing or warning of any course of conduct which constitutes a deceptive trade practice.

(b) Apply to a person who is subject to an order issued pursuant to subsection 5 of NRS 598.0971.

3. Upon request, the Commissioner may:

(a) Disclose the number of written complaints received by the Commissioner during the current and immediately preceding 3 fiscal years. A disclosure made pursuant to this paragraph must include the disposition of the complaint disclosed.

(b) Make public any order to cease and desist issued pursuant to subsection 5 of NRS 598.0971.

Ê This subsection does not authorize the Commissioner to disclose or make public the contents of any complaint described in paragraph (a) or the record of or any other information concerning a hearing conducted in relation to the issuance of an order to cease and desist described in paragraph (b).

4. The Commissioner may adopt regulations authorizing the disclosure of information concerning any complaint or number of complaints received by the Commissioner or Director relating to a person who has been convicted of violating a provision of NRS 598.0903 to 598.0999, inclusive.
Nev. Rev. Stat. § 598.098. Disclosure of information by Commissioner or Director; regulations. 1. NRS 598.0903 to 598.0999, inclusive, do not prohibit the Commissioner or Director from disclosing to the Attorney General, any district attorney or any law enforcement officer the fact that a crime has been committed by any person, if this fact has become known as a result of any investigation conducted pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive.

2. Subject to the provisions of subsection 2 of NRS 598.0979 and except as otherwise provided in this section, the Commissioner or Director may not make public the name of any person alleged to have committed a deceptive trade practice. This subsection does not:

(a) Prevent the Commissioner or Director from issuing public statements describing or warning of any course of conduct which constitutes a deceptive trade practice.

(b) Apply to a person who is subject to an order issued pursuant to subsection 5 of NRS 598.0971.

3. Upon request, the Commissioner may:

(a) Disclose the number of written complaints received by the Commissioner during the current and immediately preceding 3 fiscal years. A disclosure made pursuant to this paragraph must include the disposition of the complaint disclosed.

(b) Make public any order to cease and desist issued pursuant to subsection 5 of NRS 598.0971.

Ê This subsection does not authorize the Commissioner to disclose or make public the contents of any complaint described in paragraph (a) or the record of or any other information concerning a hearing conducted in relation to the issuance of an order to cease and desist described in paragraph (b).

4. The Commissioner may adopt regulations authorizing the disclosure of information concerning any complaint or number of complaints received by the Commissioner or Director relating to a person who has been convicted of violating a provision of NRS 598.0903 to 598.0999, inclusive.

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Nev. Rev. Stat. § 598.0983. Actions by district attorney: Prerequisites. 1. Before instituting any action pursuant to NRS 598.0985 to 598.0997, inclusive, the district attorney shall ascertain whether or not the action in question is subject to the regulatory authority of any state agency, board, official or other authority established by virtue of the Nevada Revised Statutes except the regulatory or administrative authority provided to the commissioner, director or attorney general by NRS 598.0903 to 598.0999, inclusive.

2. If the action is subject to such regulatory authority or any regulation adopted or any statutes administered by any state regulatory agency, board, official or other authority as provided in subsection 1, the district attorney shall not institute any proceeding under NRS 598.0985 to 598.0997, inclusive, until the state agency, board, official or other state regulatory authority has had reasonable time to investigate or take any appropriate action with respect to the alleged facts.

3. For the purposes of this section, a reasonable time has elapsed if no final action or other disposition is made of any matter otherwise falling within the provisions of NRS 598.0903 to 598.0999, inclusive, within 30 days after the matter is referred to or brought to the attention of any state agency, board, official or other regulatory authority except the commissioner, director or attorney general.

4. This section does not prohibit the district attorney of any county from filing an action pursuant to the provisions of NRS 598.0985 to 598.099, inclusive, if the referral of any matters subject to the provisions of NRS 598.0903 to 598.0999, inclusive, to any state agency, board, official or other regulatory authority would cause immediate harm to the public of this state or endanger the public health, safety or welfare, and such facts are shown by affidavit or by verified complaint.
Nev. Rev. Stat. § 598.0983. Actions by district attorney: Prerequisites. [Effective through June 30, 2011.]
1. Before instituting any action pursuant to NRS 598.0985 to 598.0997, inclusive, the district attorney shall ascertain whether or not the action in question is subject to the regulatory authority of any state agency, board, official or other authority established by virtue of the Nevada Revised Statutes except the regulatory or administrative authority provided to the Attorney General by NRS 598.0903 to 598.0999, inclusive.

2. If the action is subject to such regulatory authority or any regulation adopted or any statutes administered by any state regulatory agency, board, official or other authority as provided in subsection 1, the district attorney shall not institute any proceeding under NRS 598.0985 to 598.0997, inclusive, until the state agency, board, official or other state regulatory authority has had reasonable time to investigate or take any appropriate action with respect to the alleged facts.

3. For the purposes of this section, a reasonable time has elapsed if no final action or other disposition is made of any matter otherwise falling within the provisions of NRS 598.0903 to 598.0999, inclusive, within 30 days after the matter is referred to or brought to the attention of any state agency, board, official or other regulatory authority except the Attorney General.

4. This section does not prohibit the district attorney of any county from filing an action pursuant to the provisions of NRS 598.0985 to 598.099, inclusive, if the referral of any matters subject to the provisions of NRS 598.0903 to 598.0999, inclusive, to any state agency, board, official or other regulatory authority would cause immediate harm to the public of this state or endanger the public health, safety or welfare, and such facts are shown by affidavit or by verified complaint.

[Effective July 1, 2011.]
1. Before instituting any action pursuant to NRS 598.0985 to 598.0997, inclusive, the district attorney shall ascertain whether or not the action in question is subject to the regulatory authority of any state agency, board, official or other authority established by virtue of the Nevada Revised Statutes except the regulatory or administrative authority provided to the Commissioner, Director or Attorney General by NRS 598.0903 to 598.0999, inclusive.

2. If the action is subject to such regulatory authority or any regulation adopted or any statutes administered by any state regulatory agency, board, official or other authority as provided in subsection 1, the district attorney shall not institute any proceeding under NRS 598.0985 to 598.0997, inclusive, until the state agency, board, official or other state regulatory authority has had reasonable time to investigate or take any appropriate action with respect to the alleged facts.

3. For the purposes of this section, a reasonable time has elapsed if no final action or other disposition is made of any matter otherwise falling within the provisions of NRS 598.0903 to 598.0999, inclusive, within 30 days after the matter is referred to or brought to the attention of any state agency, board, official or other regulatory authority except the Commissioner, Director or Attorney General.

4. This section does not prohibit the district attorney of any county from filing an action pursuant to the provisions of NRS 598.0985 to 598.099, inclusive, if the referral of any matters subject to the provisions of NRS 598.0903 to 598.0999, inclusive, to any state agency, board, official or other regulatory authority would cause immediate harm to the public of this state or endanger the public health, safety or welfare, and such facts are shown by affidavit or by verified complaint.

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Nev. Rev. Stat. § 598.0985. Actions by district attorney: Injunctive relief. Notwithstanding the requirement of knowledge as an element of a deceptive trade practice, and notwithstanding the enforcement powers granted to the commissioner or director pursuant to NRS 598.0903 to 598.0999, inclusive, whenever the district attorney of any county has reason to believe that any person is using, has used or is about to use any deceptive trade practice, knowingly or otherwise, he may bring an action in the name of the State of Nevada against that person to obtain a temporary or permanent injunction against the deceptive trade practice.Nev. Rev. Stat. § 598.0985. Actions by district attorney: Injunctive relief. [Effective through June 30, 2011.]
Notwithstanding the requirement of knowledge as an element of a deceptive trade practice, and notwithstanding the enforcement powers granted to the Attorney General pursuant to NRS 598.0903 to 598.0999, inclusive, whenever the district attorney of any county has reason to believe that any person is using, has used or is about to use any deceptive trade practice, knowingly or otherwise, he or she may bring an action in the name of the State of Nevada against that person to obtain a temporary or permanent injunction against the deceptive trade practice.

[Effective July 1, 2011.]
Notwithstanding the requirement of knowledge as an element of a deceptive trade practice, and notwithstanding the enforcement powers granted to the Commissioner or Director pursuant to NRS 598.0903 to 598.0999, inclusive, whenever the district attorney of any county has reason to believe that any person is using, has used or is about to use any deceptive trade practice, knowingly or otherwise, he or she may bring an action in the name of the State of Nevada against that person to obtain a temporary or permanent injunction against the deceptive trade practice.

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Nev. Rev. Stat. § 598.0987. Actions by district attorney: Preliminary notice required before filing; exception. Except as otherwise provided in NRS 598.099, appropriate notice must be given by the district attorney to any person against whom an action is brought pursuant to NRS 598.0985. Such notice must state generally the relief sought and be served in accordance with NRS 598.0997 at least 10 days prior to the filing of the action.Nev. Rev. Stat. § 598.0987. Actions by district attorney: Preliminary notice required before filing; exception. Except as otherwise provided in NRS 598.099, appropriate notice must be given by the district attorney to any person against whom an action is brought pursuant to NRS 598.0985. Such notice must state generally the relief sought and be served in accordance with NRS 598.0997 at least 10 days prior to the filing of the action.

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Nev. Rev. Stat. § 598.0989. Actions by district attorney: Venue; powers of court. Any action brought pursuant to NRS 598.0963 or 598.0977 to 598.099, inclusive, may be brought:

1. In a district court in the county in which the defendant resides or has his or her principal place of business;

2. In the district court in Carson City if the parties consent thereto; or

3. In the district court in any county where a deceptive trade practice has occurred.

Ê Any court in which an action is brought pursuant to those sections may issue any temporary or permanent injunction in accordance with the Nevada Rules of Civil Procedure to restrain and prevent any violation of any provisions of NRS 598.0903 to 598.0999, inclusive, and such injunctions must be issued without bond.
Nev. Rev. Stat. § 598.0989. Actions by district attorney: Venue; powers of court. Any action brought pursuant to NRS 598.0963 or 598.0977 to 598.099, inclusive, may be brought:

1. In a district court in the county in which the defendant resides or has his or her principal place of business;

2. In the district court in Carson City if the parties consent thereto; or

3. In the district court in any county where a deceptive trade practice has occurred.

Ê Any court in which an action is brought pursuant to those sections may issue any temporary or permanent injunction in accordance with the Nevada Rules of Civil Procedure to restrain and prevent any violation of any provisions of NRS 598.0903 to 598.0999, inclusive, and such injunctions must be issued without bond.

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Nev. Rev. Stat. § 598.099. Injunctions without prior notice. Whenever the district attorney or the attorney general has reason to believe that the delay caused by complying with the notice requirement of NRS 598.0987 or the requirements of subsection 3 of NRS 598.0963 would cause immediate harm to the public of this state or endanger the public welfare, he may immediately institute an action for injunctive relief, including a request for a temporary restraining order, upon proof of specific facts shown by affidavit or by verified complaint or otherwise that such immediate harm will be or is likely to be caused by the delay. The attorney general shall give written notice of the filing by him of such an action to the commissioner or director. The Nevada Rules of Civil Procedure pertaining to the issuance of temporary restraining orders govern all actions instituted pursuant to this section.Nev. Rev. Stat. § 598.099. Injunctions without prior notice. Whenever the district attorney or the Attorney General has reason to believe that the delay caused by complying with the notice requirement of NRS 598.0987 or the requirements of subsection 2 of NRS 598.0963 would cause immediate harm to the public of this state or endanger the public welfare, he or she may immediately institute an action for injunctive relief, including a request for a temporary restraining order, upon proof of specific facts shown by affidavit or by verified complaint or otherwise that such immediate harm will be or is likely to be caused by the delay. The Nevada Rules of Civil Procedure pertaining to the issuance of temporary restraining orders govern all actions instituted pursuant to this section.

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Nev. Rev. Stat. § 598.0993. Relief for injured persons. The court in which an action is brought pursuant to NRS 598.0979; and 598.0985 to 598.099, inclusive, may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any deceptive trade practice which violates any of the provisions of NRS 598.0903 to 598.0999, inclusive, but such additional orders or judgments may be entered only after a final determination has been made that a deceptive trade practice has occurred.Nev. Rev. Stat. § 598.0993. Relief for injured persons. [Effective through June 30, 2011.]
The court in which an action is brought pursuant to NRS 598.0985 to 598.099, inclusive, may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any deceptive trade practice which violates any of the provisions of NRS 598.0903 to 598.0999, inclusive, but such additional orders or judgments may be entered only after a final determination has been made that a deceptive trade practice has occurred.

[Effective July 1, 2011.]
The court in which an action is brought pursuant to NRS 598.0979 and 598.0985 to 598.099, inclusive, may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any deceptive trade practice which violates any of the provisions of NRS 598.0903 to 598.0999, inclusive, but such additional orders or judgments may be entered only after a final determination has been made that a deceptive trade practice has occurred.

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Nev. Rev. Stat. § 598.0995. Assurances of discontinuance. 1. In proceeding pursuant to subsection 3 of NRS 598.0963 or NRS 598.0987 to 598.0995, inclusive, the district attorney or attorney general may accept an assurance of discontinuance with respect to any method, act or practice deemed to be a deceptive trade practice from any person who is engaged or is about to engage in the method, act or practice by following the procedures set forth in subsection 2 of NRS 598.0979.

2. Any assurance made pursuant to subsection 1 must be in writing and must be filed with and subject to the approval of the district court in the county in which the alleged violator resides or has his principal place of business, or the district court in any county where any deceptive trade practice has occurred or is about to occur or the district court agreed to by the parties.

3. An assurance of discontinuance made pursuant to subsections 1 and 2 is not an admission of violation for any purpose, but is subject to the terms, limitations and conditions of NRS 598.0979.
Nev. Rev. Stat. § 598.0995. Assurances of discontinuance. [Effective through June 30, 2011.]
1. In proceeding pursuant to subsection 2 of NRS 598.0963 or NRS 598.0987 to 598.0995, inclusive, the district attorney or Attorney General may accept an assurance of discontinuance with respect to any method, act or practice deemed to be a deceptive trade practice from any person who is engaged or is about to engage in the method, act or practice.

2. Any assurance made pursuant to subsection 1 must be in writing and must be filed with and subject to the approval of the district court in the county in which the alleged violator resides or has his or her principal place of business, or the district court in any county where any deceptive trade practice has occurred or is about to occur or the district court agreed to by the parties.

3. An assurance of discontinuance made pursuant to subsections 1 and 2 is not an admission of violation for any purpose.

[Effective July 1, 2011.]
1. In proceeding pursuant to subsection 3 of NRS 598.0963 or NRS 598.0987 to 598.0995, inclusive, the district attorney or Attorney General may accept an assurance of discontinuance with respect to any method, act or practice deemed to be a deceptive trade practice from any person who is engaged or is about to engage in the method, act or practice by following the procedures set forth in subsection 2 of NRS 598.0979.

2. Any assurance made pursuant to subsection 1 must be in writing and must be filed with and subject to the approval of the district court in the county in which the alleged violator resides or has his or her principal place of business, or the district court in any county where any deceptive trade practice has occurred or is about to occur or the district court agreed to by the parties.

3. An assurance of discontinuance made pursuant to subsections 1 and 2 is not an admission of violation for any purpose, but is subject to the terms, limitations and conditions of NRS 598.0979.

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Nev. Rev. Stat. § 598.0997. Service of notices.Service of any notice under NRS 598.0985 to 598.0995, inclusive, shall be made by personal service within the State of Nevada, but if such service cannot be obtained, substituted service therefor may be made in any of the following ways:

1. Personal service thereof outside the State of Nevada;

2. The mailing thereof by registered or certified mail to the last known place of business, residence or both, whether inside or outside the State of Nevada, of such person for whom the notice is intended, in which event such service shall be deemed complete upon the third day following the mailing of any notice required under this section;

3. As to any person other than a natural person, service shall be in the manner provided in the Nevada Rules of Civil Procedure for completing service of process on such a person, corporation, association or organization; or

4. Such service as any district court may direct in lieu of personal service within the State of Nevada.
Nev. Rev. Stat. § 598.0997. Service of notices.Service of any notice under NRS 598.0985 to 598.0995, inclusive, shall be made by personal service within the State of Nevada, but if such service cannot be obtained, substituted service therefor may be made in any of the following ways:

1. Personal service thereof outside the State of Nevada;

2. The mailing thereof by registered or certified mail to the last known place of business, residence or both, whether inside or outside the State of Nevada, of such person for whom the notice is intended, in which event such service shall be deemed complete upon the third day following the mailing of any notice required under this section;

3. As to any person other than a natural person, service shall be in the manner provided in the Nevada Rules of Civil Procedure for completing service of process on such a person, corporation, association or organization; or

4. Such service as any district court may direct in lieu of personal service within the State of Nevada.

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Nev. Rev. Stat. § 598.0999. Civil and criminal penalties for violations. 1. Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this state or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive.

2. Except as otherwise provided in NRS 598.0974, in any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this state or the Attorney General bringing the action may recover a civil penalty not to exceed $2,500 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney's fees and costs.

3. A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

(a) For the first offense, is guilty of a misdemeanor.

(b) For the second offense, is guilty of a gross misdemeanor.

(c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

The court may require the natural person, firm, or officer or managing agent of the corporation or association to pay to the aggrieved party damages on all profits derived from the knowing and willful engagement in a deceptive trade practice and treble damages on all damages suffered by reason of the deceptive trade practice.

4. Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

5. If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.305 to 598.395, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

(a) The suspension of the person's privilege to conduct business within this state; or

(b) If the defendant is a corporation, dissolution of the corporation.

The court may grant or deny the relief sought or may order other appropriate relief.

6. If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:

(a) The suspension of the person's privilege to conduct business within this state; or

(b) If the defendant is a corporation, dissolution of the corporation.

The court may grant or deny the relief sought or may order other appropriate relief.
Nev. Rev. Stat. § 598.0999. Civil and criminal penalties for violations. [Effective through June 30, 2011.]
1. Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive.

2. Except as otherwise provided in NRS 598.0974, in any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, the district attorney of any county in this State or the Attorney General bringing the action may recover a civil penalty not to exceed $5,000 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

3. A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

(a) For the first offense, is guilty of a misdemeanor.

(b) For the second offense, is guilty of a gross misdemeanor.

(c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

Ê The court may require the natural person, firm, or officer or managing agent of the corporation or association to pay to the aggrieved party damages on all profits derived from the knowing and willful engagement in a deceptive trade practice and treble damages on all damages suffered by reason of the deceptive trade practice.

4. Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

5. If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.475, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the district attorney of any county may bring an action in the name of the State of Nevada seeking:

(a) The suspension of the person’s privilege to conduct business within this State; or

(b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

6. If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:

(a) The suspension of the person’s privilege to conduct business within this State; or

(b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

[Effective July 1, 2011.]
1. Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive.

2. Except as otherwise provided in NRS 598.0974, in any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this State or the Attorney General bringing the action may recover a civil penalty not to exceed $5,000 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

3. A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

(a) For the first offense, is guilty of a misdemeanor.

(b) For the second offense, is guilty of a gross misdemeanor.

(c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

Ê The court may require the natural person, firm, or officer or managing agent of the corporation or association to pay to the aggrieved party damages on all profits derived from the knowing and willful engagement in a deceptive trade practice and treble damages on all damages suffered by reason of the deceptive trade practice.

4. Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

5. If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.305 to 598.395, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

(a) The suspension of the person’s privilege to conduct business within this State; or

(b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

6. If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:

(a) The suspension of the person’s privilege to conduct business within this State; or

(b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

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Nev. Rev. Stat. § 598.100. PYRAMID PROMOTIONAL SCHEMES; ENDLESS CHAINS - Definitions.For the purposes of NRS 598.100 to 598.130, inclusive:

1. “Compensation” does not mean payment based on sales of goods or services to persons who are not participants in a pyramid promotional scheme or endless chain and who are not purchasing in order to participate in such a program.

2. “Promotes” means inducing one or more other persons to become a participant in a pyramid promotional scheme or endless chain.

3. A “pyramid promotional scheme” means any program or plan for the disposal or distribution of property and merchandise or property or merchandise by which a participant gives or pays a valuable consideration for the opportunity or chance to receive any compensation or thing of value in return for procuring or obtaining one or more additional persons to participate in the program, or for the opportunity to receive compensation of any kind when a person introduced to the program or plan by the participant procures or obtains a new participant in such a program.
Nev. Rev. Stat. § 598.100. PYRAMID PROMOTIONAL SCHEMES; ENDLESS CHAINS - Definitions.For the purposes of NRS 598.100 to 598.130, inclusive:

1. “Compensation” does not mean payment based on sales of goods or services to persons who are not participants in a pyramid promotional scheme or endless chain and who are not purchasing in order to participate in such a program.

2. “Promotes” means inducing one or more other persons to become a participant in a pyramid promotional scheme or endless chain.

3. A “pyramid promotional scheme” means any program or plan for the disposal or distribution of property and merchandise or property or merchandise by which a participant gives or pays a valuable consideration for the opportunity or chance to receive any compensation or thing of value in return for procuring or obtaining one or more additional persons to participate in the program, or for the opportunity to receive compensation of any kind when a person introduced to the program or plan by the participant procures or obtains a new participant in such a program.

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Nev. Rev. Stat. § 598.110. Pyramid promotional schemes or endless chains are deceptive trade practices. Every person who contrives, prepares, sets up, proposes, operates, advertises or promotes any pyramid promotional scheme or endless chain commits a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.Nev. Rev. Stat. § 598.110. Pyramid promotional schemes or endless chains are deceptive trade practices. Every person who contrives, prepares, sets up, proposes, operates, advertises or promotes any pyramid promotional scheme or endless chain commits a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

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Nev. Rev. Stat. § 598.120. Contracts and agreements voidable by participant. All contracts and agreements, existing or made in the future, which have any part of the consideration given for the right to participate in a pyramid promotional scheme or endless chain as defined in NRS 598.100 to 598.130, inclusive, are against public policy and voidable by a participant.Nev. Rev. Stat. § 598.120. Contracts and agreements voidable by participant. All contracts and agreements, existing or made in the future, which have any part of the consideration given for the right to participate in a pyramid promotional scheme or endless chain as defined in NRS 598.100 to 598.130, inclusive, are against public policy and voidable by a participant.

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Nev. Rev. Stat. § 598.130. Injunctive relief; receivership. In addition to any other relief available under NRS 598.100 to 598.130, inclusive:

1. The Attorney General or any district attorney may commence an action in the district court having jurisdiction of the area where a pyramid promotional scheme or endless chain is being prepared, operated or promoted to enjoin or obtain any other equitable relief to prevent the further preparation, operation, promotion or prosecution of such scheme or chain. In addition to the relief authorized by this section, the court may award reasonable attorneys’ fees and costs in any action brought under this section.

2. The Attorney General or any district attorney may petition the district court having jurisdiction of the area where a pyramid promotional scheme or endless chain is being prepared, operated or promoted to appoint receivers to secure and distribute in an equitable manner any assets received by any participant as a result of such scheme or program. Any such distribution must effect, to the extent possible, reimbursement for uncompensated payments made to become a participant in the scheme. In any such action, the court may, in addition to any other relief or reimbursement, award reasonable attorneys’ fees and costs.
Nev. Rev. Stat. § 598.130. Injunctive relief; receivership. In addition to any other relief available under NRS 598.100 to 598.130, inclusive:

1. The Attorney General or any district attorney may commence an action in the district court having jurisdiction of the area where a pyramid promotional scheme or endless chain is being prepared, operated or promoted to enjoin or obtain any other equitable relief to prevent the further preparation, operation, promotion or prosecution of such scheme or chain. In addition to the relief authorized by this section, the court may award reasonable attorneys’ fees and costs in any action brought under this section.

2. The Attorney General or any district attorney may petition the district court having jurisdiction of the area where a pyramid promotional scheme or endless chain is being prepared, operated or promoted to appoint receivers to secure and distribute in an equitable manner any assets received by any participant as a result of such scheme or program. Any such distribution must effect, to the extent possible, reimbursement for uncompensated payments made to become a participant in the scheme. In any such action, the court may, in addition to any other relief or reimbursement, award reasonable attorneys’ fees and costs.

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Nev. Rev. Stat. § 598.1305. SOLICITATIONS FOR OR ON BEHALF OF CHARITABLE ORGANIZATIONS - Prohibited acts; jurisdiction of Attorney General; violation constitutes deceptive trade practice.1. A person, in planning, conducting or executing a solicitation for or on behalf of a charitable organization, shall not:

(a) Make any claim or representation concerning a contribution which directly, or by implication, has the capacity, tendency or effect of deceiving or misleading a person acting reasonably under the circumstances; or

(b) Omit any material fact deemed to be equivalent to a false, misleading or deceptive claim or representation if the omission, when considering what has been said or implied, has or would have the capacity, tendency or effect of deceiving or misleading a person acting reasonably under the circumstances.

2. Notwithstanding any other provisions of this chapter, the Attorney General has primary jurisdiction to investigate and prosecute a violation of this section.

3. Except as otherwise provided in NRS 41.480 and 41.485, a violation of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

4. As used in this section:

(a) “Charitable organization” means any person who, directly or indirectly, solicits contributions and who:

(1) The Secretary of the Treasury has determined to be tax exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code; or

(2) Is, or holds himself or herself out to be, established for a charitable purpose.

Ê The term does not include an organization which is established for and serving bona fide religious purposes.

(b) “Solicitation” means a request for a contribution to a charitable organization that is made by:

(1) Mail;

(2) Commercial carrier;

(3) Telephone, facsimile or other electronic device; or

(4) A face-to-face meeting.

Ê The term includes solicitations which are made from a location within this State and solicitations which are made from a location outside of this State to persons located in this State.
Nev. Rev. Stat. § 598.1305. SOLICITATIONS FOR OR ON BEHALF OF CHARITABLE ORGANIZATIONS - Prohibited acts; jurisdiction of Attorney General; violation constitutes deceptive trade practice.1. A person, in planning, conducting or executing a solicitation for or on behalf of a charitable organization, shall not:

(a) Make any claim or representation concerning a contribution which directly, or by implication, has the capacity, tendency or effect of deceiving or misleading a person acting reasonably under the circumstances; or

(b) Omit any material fact deemed to be equivalent to a false, misleading or deceptive claim or representation if the omission, when considering what has been said or implied, has or would have the capacity, tendency or effect of deceiving or misleading a person acting reasonably under the circumstances.

2. Notwithstanding any other provisions of this chapter, the Attorney General has primary jurisdiction to investigate and prosecute a violation of this section.

3. Except as otherwise provided in NRS 41.480 and 41.485, a violation of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

4. As used in this section:

(a) “Charitable organization” means any person who, directly or indirectly, solicits contributions and who:

(1) The Secretary of the Treasury has determined to be tax exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code; or

(2) Is, or holds himself or herself out to be, established for a charitable purpose.

Ê The term does not include an organization which is established for and serving bona fide religious purposes.

(b) “Solicitation” means a request for a contribution to a charitable organization that is made by:

(1) Mail;

(2) Commercial carrier;

(3) Telephone, facsimile or other electronic device; or

(4) A face-to-face meeting.

Ê The term includes solicitations which are made from a location within this State and solicitations which are made from a location outside of this State to persons located in this State.

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Nev. Rev. Stat. § 598.131. SALES PROMOTIONS - Definitions. As used in NRS 598.131 to 598.139, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.1315 to 598.134, inclusive, have the meanings ascribed to them in those sections.Nev. Rev. Stat. § 598.131. SALES PROMOTIONS - Definitions. As used in NRS 598.131 to 598.139, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.1315 to 598.134, inclusive, have the meanings ascribed to them in those sections.

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Nev. Rev. Stat. § 598.1315. “Advertisement” defined. “Advertisement” means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into any obligation or to acquire any title or interest in any property, and any acts related to the inducement, promotion or encouragement of a sale.Nev. Rev. Stat. § 598.1315. “Advertisement” defined. “Advertisement” means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into any obligation or to acquire any title or interest in any property, and any acts related to the inducement, promotion or encouragement of a sale.

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Nev. Rev. Stat. § 598.132. “Advertiser” defined.“Advertiser” means any person who is engaged in the business of promotion, marketing or sale of merchandise at retail and who places, either directly or indirectly, an advertisement before the public.Nev. Rev. Stat. § 598.132. “Advertiser” defined.“Advertiser” means any person who is engaged in the business of promotion, marketing or sale of merchandise at retail and who places, either directly or indirectly, an advertisement before the public.

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Nev. Rev. Stat. § 598.1325. “Advertising premium” defined. “Advertising premium” means an offering, gift, prize, award, giveaway, discounted item, bonus, merchandise, service certificate or anything of value, or its equivalent in cash, offered in an advertisement.Nev. Rev. Stat. § 598.1325. “Advertising premium” defined. “Advertising premium” means an offering, gift, prize, award, giveaway, discounted item, bonus, merchandise, service certificate or anything of value, or its equivalent in cash, offered in an advertisement.

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Nev. Rev. Stat. § 598.133. “Merchandise” defined. “Merchandise” means personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.Nev. Rev. Stat. § 598.133. “Merchandise” defined. “Merchandise” means personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.

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Nev. Rev. Stat. § 598.1335. “Sale” defined. “Sale” includes a sale, offer for sale or attempt to sell property for consideration.Nev. Rev. Stat. § 598.1335. “Sale” defined. “Sale” includes a sale, offer for sale or attempt to sell property for consideration.

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Nev. Rev. Stat. § 598.134. “Sales promotion” defined.“Sales promotion” means a promotion, presentation, solicitation or notification which induces or attempts to induce a sale of merchandise to a person.Nev. Rev. Stat. § 598.134. “Sales promotion” defined.“Sales promotion” means a promotion, presentation, solicitation or notification which induces or attempts to induce a sale of merchandise to a person.

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Nev. Rev. Stat. § 598.135. Scope.The provisions of NRS 598.136; , 598.137; and 598.138 do not apply to:

1. A contest of skill that does not involve the sale or lease of any goods, property or service.

2. A person who is licensed as a seller or a salesman pursuant to chapter 599B of NRS, and is engaging in an activity within the scope of that license.

3. A sale or purchase, or solicitation or representation made in connection with the sale or purchase, of goods from a catalog or of books, recordings, videocassettes, periodicals or other similar goods offered by a seller or membership group which is regulated by the Federal Trade Commission if the seller or membership group sends goods, pursuant to an agreement, to a customer or member for his inspection and, if unsatisfied after inspecting the goods, the customer or member is entitled to receive a full refund of the purchase price of the goods if the goods are returned undamaged to the seller or membership group.

4. A solicitation, advertisement or promotion, or offer to extend credit, made by a commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender or insurer, or any other person engaged in the business of extending credit, who is regulated by an officer or agency of the State or of the Federal Government.

5. A person licensed pursuant to chapter 463 of NRS and his employees.
Nev. Rev. Stat. § 598.135. Scope. [Effective through June 30, 2011.]
The provisions of NRS 598.136, 598.137 and 598.138 do not apply to:

1. A contest of skill that does not involve the sale or lease of any goods, property or service.

2. A sale or purchase, or solicitation or representation made in connection with the sale or purchase, of goods from a catalog or of books, recordings, videocassettes, periodicals or other similar goods offered by a seller or membership group which is regulated by the Federal Trade Commission if the seller or membership group sends goods, pursuant to an agreement, to a customer or member for his or her inspection and, if unsatisfied after inspecting the goods, the customer or member is entitled to receive a full refund of the purchase price of the goods if the goods are returned undamaged to the seller or membership group.

3. A solicitation, advertisement or promotion, or offer to extend credit, made by a commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender or insurer, or any other person engaged in the business of extending credit, who is regulated by an officer or agency of the State or of the Federal Government.

4. A person licensed pursuant to chapter 463 of NRS and his or her employees.

[Effective July 1, 2011.]
The provisions of NRS 598.136, 598.137 and 598.138 do not apply to:

1. A contest of skill that does not involve the sale or lease of any goods, property or service.

2. A person who is licensed as a seller or salesperson pursuant to chapter 599B of NRS, and is engaging in an activity within the scope of that license.

3. A sale or purchase, or solicitation or representation made in connection with the sale or purchase, of goods from a catalog or of books, recordings, videocassettes, periodicals or other similar goods offered by a seller or membership group which is regulated by the Federal Trade Commission if the seller or membership group sends goods, pursuant to an agreement, to a customer or member for his or her inspection and, if unsatisfied after inspecting the goods, the customer or member is entitled to receive a full refund of the purchase price of the goods if the goods are returned undamaged to the seller or membership group.

4. A solicitation, advertisement or promotion, or offer to extend credit, made by a commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender or insurer, or any other person engaged in the business of extending credit, who is regulated by an officer or agency of the State or of the Federal Government.

5. A person licensed pursuant to chapter 463 of NRS and his or her employees.

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Nev. Rev. Stat. § 598.136. Representation that person has won prize or is winner of contest.1. A person shall not, in connection with the sale or lease or solicitation for the sale or lease of any goods, property or service, represent that another person has won anything of value or is the winner of any contest unless:

(a) The advertiser indicates, clearly and conspicuously, the name and address of the advertiser at the commencement of an oral solicitation or advertisement. If the advertisement is written, the information must be in bold type at least 2 points larger than the type used in the major portion of the advertisement, and must be placed at the top of the first page of the advertisement.

(b) The method of selection of the recipient of the prize is one in which no more than 10 percent of the names considered are selected as recipients.

(c) The prize is given without obligation to the recipient.

(d) The prize is delivered to the recipient at no expense to him or her within 30 days after the representation.

(e) The language of the advertisement represents that it is a sales promotion.

(f) The language of the advertisement does not represent that the recipient has been contacted by telephone or any other means when no such contact has occurred.

(g) The advertisement indicates to the recipient the brand name of any advertising premium offered. If the advertising premium consists of a vacation or trip, the advertiser shall indicate, clearly and conspicuously, the name and location of the accommodations and whether transportation to and from the vacation site or point of departure is included. The advertiser shall not offer a vacation or trip for which a deposit or other fee is required of the recipient.

(h) The advertisement does not misrepresent the value of an advertising premium by any means, including, but not limited to, the grouping of advertising premiums of substantially different value.

(i) The advertisement indicates, clearly and conspicuously, to the recipient that an advertising premium is discounted, no longer manufactured, damaged or less than first quality.

(j) The advertisement indicates that the advertiser will disclose upon request and without charge which advertising premium will be received. The advertiser shall disclose such information upon request.

(k) The advertisement indicates, clearly and conspicuously, the probability that a person may receive each advertising premium mentioned in the advertisement. The probability must be indicated adjacent to the first mention of each advertising premium and expressed in whole numbers. If the advertisement is written, such information and any rule or condition must appear in bold type the same size as the type used for the major portion of the advertisement.

(l) The advertisement indicates, clearly and conspicuously, the date the prizes are to be awarded, and that a record regarding the names and addresses of the winners will be provided upon request without charge. The advertiser shall provide the record to any person upon request.

(m) The advertiser does not offer merchandise as a substitute for a reimbursement for travel, allowance for a trip or similar plan of compensation.

2. As used in this section, “language of the advertisement” means the use of any language that has a tendency to lead a reasonable person to believe he or she has won a contest or merchandise of value, including, but not limited to, “congratulations,” “you have won,” “you are a winner,” “you have been chosen,” “you have been selected” and “you are entitled to receive.”
Nev. Rev. Stat. § 598.136. Representation that person has won prize or is winner of contest.1. A person shall not, in connection with the sale or lease or solicitation for the sale or lease of any goods, property or service, represent that another person has won anything of value or is the winner of any contest unless:

(a) The advertiser indicates, clearly and conspicuously, the name and address of the advertiser at the commencement of an oral solicitation or advertisement. If the advertisement is written, the information must be in bold type at least 2 points larger than the type used in the major portion of the advertisement, and must be placed at the top of the first page of the advertisement.

(b) The method of selection of the recipient of the prize is one in which no more than 10 percent of the names considered are selected as recipients.

(c) The prize is given without obligation to the recipient.

(d) The prize is delivered to the recipient at no expense to him or her within 30 days after the representation.

(e) The language of the advertisement represents that it is a sales promotion.

(f) The language of the advertisement does not represent that the recipient has been contacted by telephone or any other means when no such contact has occurred.

(g) The advertisement indicates to the recipient the brand name of any advertising premium offered. If the advertising premium consists of a vacation or trip, the advertiser shall indicate, clearly and conspicuously, the name and location of the accommodations and whether transportation to and from the vacation site or point of departure is included. The advertiser shall not offer a vacation or trip for which a deposit or other fee is required of the recipient.

(h) The advertisement does not misrepresent the value of an advertising premium by any means, including, but not limited to, the grouping of advertising premiums of substantially different value.

(i) The advertisement indicates, clearly and conspicuously, to the recipient that an advertising premium is discounted, no longer manufactured, damaged or less than first quality.

(j) The advertisement indicates that the advertiser will disclose upon request and without charge which advertising premium will be received. The advertiser shall disclose such information upon request.

(k) The advertisement indicates, clearly and conspicuously, the probability that a person may receive each advertising premium mentioned in the advertisement. The probability must be indicated adjacent to the first mention of each advertising premium and expressed in whole numbers. If the advertisement is written, such information and any rule or condition must appear in bold type the same size as the type used for the major portion of the advertisement.

(l) The advertisement indicates, clearly and conspicuously, the date the prizes are to be awarded, and that a record regarding the names and addresses of the winners will be provided upon request without charge. The advertiser shall provide the record to any person upon request.

(m) The advertiser does not offer merchandise as a substitute for a reimbursement for travel, allowance for a trip or similar plan of compensation.

2. As used in this section, “language of the advertisement” means the use of any language that has a tendency to lead a reasonable person to believe he or she has won a contest or merchandise of value, including, but not limited to, “congratulations,” “you have won,” “you are a winner,” “you have been chosen,” “you have been selected” and “you are entitled to receive.”

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Nev. Rev. Stat. § 598.137. Representation that person has chance to receive prize.1. A person shall not, in connection with the sale or lease or solicitation for sale or lease of any goods, property or service, represent that another person has a chance to receive a prize or item of value without clearly disclosing on whose behalf the contest or promotion is conducted and all conditions that a participant must meet.

2. A person who makes a representation described in subsection 1 must display, clearly and conspicuously, adjacent to the description of the item or prize to which it relates:

(a) The actual retail value of each item or prize;

(b) The number of each item or prize to be awarded; and

(c) The odds of receiving each item or prize, expressed in whole numbers.

3. It is unlawful to make a representation described in subsection 1 if it has already been determined which items will be given to the person to whom the representation is made.

4. The provisions of this section do not apply if:

(a) Participants are asked to complete and mail or deposit, at a local retail commercial establishment, an entry blank obtained locally or by mail, or to call in their entry by telephone; and

(b) Participants are not asked to listen to a sales presentation.

5. Advertisements with representations made pursuant to subsection 1 that are broadcast by radio or television may be broadcast without the required disclosures, conditions and restrictions but must clearly broadcast the availability of such disclosures, conditions and restrictions to an interested person, without any charge, upon request.

6. This section does not create liability for acts of a publisher, owner, agent or employee of a newspaper, periodical, radio station, television station, cable television system or other video service network or other advertising medium for the publication or dissemination of an advertisement or promotion pursuant to this section if the publisher, owner, agent or employee did not know that the advertisement or promotion violated the provisions of this section.

7. For the purposes of this section, the actual retail value of an item or prize is the price at which substantial sales of the item were made in an area within the last 90 days, or if no substantial sales were made, the cost of the item or prize to the person on whose behalf the contest or promotion is conducted.
Nev. Rev. Stat. § 598.137. Representation that person has chance to receive prize.1. A person shall not, in connection with the sale or lease or solicitation for sale or lease of any goods, property or service, represent that another person has a chance to receive a prize or item of value without clearly disclosing on whose behalf the contest or promotion is conducted and all conditions that a participant must meet.

2. A person who makes a representation described in subsection 1 must display, clearly and conspicuously, adjacent to the description of the item or prize to which it relates:

(a) The actual retail value of each item or prize;

(b) The number of each item or prize to be awarded; and

(c) The odds of receiving each item or prize, expressed in whole numbers.

3. It is unlawful to make a representation described in subsection 1 if it has already been determined which items will be given to the person to whom the representation is made.

4. The provisions of this section do not apply if:

(a) Participants are asked to complete and mail or deposit, at a local retail commercial establishment, an entry blank obtained locally or by mail, or to call in their entry by telephone; and

(b) Participants are not asked to listen to a sales presentation.

5. Advertisements with representations made pursuant to subsection 1 that are broadcast by radio or television may be broadcast without the required disclosures, conditions and restrictions but must clearly broadcast the availability of such disclosures, conditions and restrictions to an interested person, without any charge, upon request.

6. This section does not create liability for acts of a publisher, owner, agent or employee of a newspaper, periodical, radio station, television station, cable television system or other video service network or other advertising medium for the publication or dissemination of an advertisement or promotion pursuant to this section if the publisher, owner, agent or employee did not know that the advertisement or promotion violated the provisions of this section.

7. For the purposes of this section, the actual retail value of an item or prize is the price at which substantial sales of the item were made in an area within the last 90 days, or if no substantial sales were made, the cost of the item or prize to the person on whose behalf the contest or promotion is conducted.

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Nev. Rev. Stat. § 598.138. Representation that person has been specially selected. 1. A person shall not represent that another person has been specially selected in connection with the sale or lease or solicitation for sale or lease of any goods, property or service unless:

(a) The selection process is designed to reach a particular type of person;

(b) The selection process uses a source other than a telephone directory, city directory, tax listing, voter registration record, purchased or leased mailing list or similar source of names; and

(c) No more than 10 percent of those considered are selected.

2. As used in this section, “specially selected” means the use of language that has a tendency to lead a reasonable person to believe he or she has been specially selected, including, but not limited to, “carefully selected” and “you have been chosen.”
Nev. Rev. Stat. § 598.138. Representation that person has been specially selected. 1. A person shall not represent that another person has been specially selected in connection with the sale or lease or solicitation for sale or lease of any goods, property or service unless:

(a) The selection process is designed to reach a particular type of person;

(b) The selection process uses a source other than a telephone directory, city directory, tax listing, voter registration record, purchased or leased mailing list or similar source of names; and

(c) No more than 10 percent of those considered are selected.

2. As used in this section, “specially selected” means the use of language that has a tendency to lead a reasonable person to believe he or she has been specially selected, including, but not limited to, “carefully selected” and “you have been chosen.”

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Nev. Rev. Stat. § 598.139. Violation constitutes deceptive trade practice. Any violation of NRS 598.136, 598.137 or 598.138, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.Nev. Rev. Stat. § 598.139. Violation constitutes deceptive trade practice. Any violation of NRS 598.136, 598.137 or 598.138, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

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Nev. Rev. Stat. § 598.140. DOOR-TO-DOOR SALES - Definitions. As used in NRS 598.140 to 598.2801, inclusive, the words and terms defined in NRS 598.150 to 598.220, inclusive, have the meanings ascribed to them in NRS 598.150 to 598.220, inclusive, unless the context otherwise requires.Nev. Rev. Stat. § 598.140. DOOR-TO-DOOR SALES - Definitions. As used in NRS 598.140 to 598.2801, inclusive, the words and terms defined in NRS 598.150 to 598.220, inclusive, have the meanings ascribed to them in NRS 598.150 to 598.220, inclusive, unless the context otherwise requires.

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Nev. Rev. Stat. § 598.150. “Business day” defined. “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans’ Day, Thanksgiving Day and Christmas Day.Nev. Rev. Stat. § 598.150. “Business day” defined. “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans’ Day, Thanksgiving Day and Christmas Day.

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Nev. Rev. Stat. § 598.160. “Buyer” defined. “Buyer” means any person who enters into or signs a door-to-door sale contract in order to receive any consumer goods and services from any seller.Nev. Rev. Stat. § 598.160. “Buyer” defined. “Buyer” means any person who enters into or signs a door-to-door sale contract in order to receive any consumer goods and services from any seller.

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Nev. Rev. Stat. § 598.170. “Consumer goods or services” defined. “Consumer goods or services” are goods or services purchased, leased or rented primarily for personal, family or household purposes, including courses of instruction or training regardless of the purpose for which they are taken.Nev. Rev. Stat. § 598.170. “Consumer goods or services” defined. “Consumer goods or services” are goods or services purchased, leased or rented primarily for personal, family or household purposes, including courses of instruction or training regardless of the purpose for which they are taken.

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Nev. Rev. Stat. § 598.180. “Door-to-door sale” defined. “Door-to-door sale” means any sale, purchase, lease or rental of any consumer goods or services with a purchase price of $25 or more which is the result of any door-to-door solicitation or personal solicitation by the seller or his or her representative, whether at the specific invitation of the buyer or not, and which is made at a place other than the place of business of the seller. The term “door-to-door sale” does not include a transaction:

1. Made pursuant to a preexisting retail charge agreement or pursuant to prior negotiations between the parties at or from a retail business establishment having a fixed permanent location where the goods are exhibited or the services are offered for sale on a continuing basis.

2. In which the consumer is accorded the right of rescission by the provisions of the Consumer Credit Protection Act (15 U.S.C. § 1635) or regulations issued pursuant thereto.

3. In which the buyer has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency of the buyer, and the buyer furnishes the seller with a separate dated and signed personal statement in the buyer’s handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within 3 business days.

4. Conducted and consummated entirely by mail or telephone, and without any other contact between the buyer and the seller or its representative prior to delivery of the goods or performance of the service.

5. In which the buyer has initiated the contact and specifically requested the seller to visit his or her home for the purpose of repairing or performing maintenance upon the buyer’s personal property. If in the course of the visit, the seller sells the buyer the right to receive additional services and goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the sale of those additional goods or services would not fall within this exclusion.

6. Pertaining to the sale or rental of real property, to the sale of insurance or to the sale of securities or commodities by a broker-dealer registered with the Securities Exchange Commission.

7. Pertaining to the sale or rental of vehicles as defined in NRS 482.135.

8. Pertaining to the sale or rental of mobile homes.

9. Pertaining to the provision of facilities and services furnished by utilities under the jurisdiction of the Public Utilities Commission of Nevada.
Nev. Rev. Stat. § 598.180. “Door-to-door sale” defined. “Door-to-door sale” means any sale, purchase, lease or rental of any consumer goods or services with a purchase price of $25 or more which is the result of any door-to-door solicitation or personal solicitation by the seller or his or her representative, whether at the specific invitation of the buyer or not, and which is made at a place other than the place of business of the seller. The term “door-to-door sale” does not include a transaction:

1. Made pursuant to a preexisting retail charge agreement or pursuant to prior negotiations between the parties at or from a retail business establishment having a fixed permanent location where the goods are exhibited or the services are offered for sale on a continuing basis.

2. In which the consumer is accorded the right of rescission by the provisions of the Consumer Credit Protection Act (15 U.S.C. § 1635) or regulations issued pursuant thereto.

3. In which the buyer has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency of the buyer, and the buyer furnishes the seller with a separate dated and signed personal statement in the buyer’s handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within 3 business days.

4. Conducted and consummated entirely by mail or telephone, and without any other contact between the buyer and the seller or its representative prior to delivery of the goods or performance of the service.

5. In which the buyer has initiated the contact and specifically requested the seller to visit his or her home for the purpose of repairing or performing maintenance upon the buyer’s personal property. If in the course of the visit, the seller sells the buyer the right to receive additional services and goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the sale of those additional goods or services would not fall within this exclusion.

6. Pertaining to the sale or rental of real property, to the sale of insurance or to the sale of securities or commodities by a broker-dealer registered with the Securities Exchange Commission.

7. Pertaining to the sale or rental of vehicles as defined in NRS 482.135.

8. Pertaining to the sale or rental of mobile homes.

9. Pertaining to the provision of facilities and services furnished by utilities under the jurisdiction of the Public Utilities Commission of Nevada.

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Nev. Rev. Stat. § 598.200. “Place of business” defined. “Place of business” means the main or permanent branch office or local address of a seller.Nev. Rev. Stat. § 598.200. “Place of business” defined. “Place of business” means the main or permanent branch office or local address of a seller.

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Nev. Rev. Stat. § 598.210. “Purchase price” defined. “Purchase price” means the total price paid or to be paid for consumer goods or services, including all interest and service charges.Nev. Rev. Stat. § 598.210. “Purchase price” defined. “Purchase price” means the total price paid or to be paid for consumer goods or services, including all interest and service charges.

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Nev. Rev. Stat. § 598.220. “Seller” defined. “Seller” means any person engaged in the door-to-door sale of any consumer goods or services.Nev. Rev. Stat. § 598.220. “Seller” defined. “Seller” means any person engaged in the door-to-door sale of any consumer goods or services.

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Nev. Rev. Stat. § 598.230. Right of buyer to rescind contract of sale; notice of rescission. Any buyer who enters into or signs a door-to-door sale contract in which the total purchase price of the goods or services is $25 or more may rescind such contract by giving written notice to the seller either by delivering, mailing or telegraphing of such notice no later than midnight of the third business day after the date such door-to-door sale contract was entered into or signed. The notice shall be addressed to the seller at the seller’s place of business and shall contain words indicating the buyer’s intent to rescind the transaction previously entered into.Nev. Rev. Stat. § 598.230. Right of buyer to rescind contract of sale; notice of rescission. Any buyer who enters into or signs a door-to-door sale contract in which the total purchase price of the goods or services is $25 or more may rescind such contract by giving written notice to the seller either by delivering, mailing or telegraphing of such notice no later than midnight of the third business day after the date such door-to-door sale contract was entered into or signed. The notice shall be addressed to the seller at the seller’s place of business and shall contain words indicating the buyer’s intent to rescind the transaction previously entered into.

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Nev. Rev. Stat. § 598.240. Seller to furnish buyer copy of receipt or contract; required contents. A seller must furnish every buyer with a fully completed receipt or copy of any door-to-door sale contract at the time a sale is executed. Such writing shall be in the same language as that primarily used in the oral sales presentation, show the date of the transaction and contain the name and address of the seller, and in immediate proximity to the space reserved in the contract for the signature of the buyer or on the front page of the receipt if a contract is not used and in bold type, a statement in substantially the following form:



You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for explanation of this right.
Nev. Rev. Stat. § 598.240. Seller to furnish buyer copy of receipt or contract; required contents. A seller must furnish every buyer with a fully completed receipt or copy of any door-to-door sale contract at the time a sale is executed. Such writing shall be in the same language as that primarily used in the oral sales presentation, show the date of the transaction and contain the name and address of the seller, and in immediate proximity to the space reserved in the contract for the signature of the buyer or on the front page of the receipt if a contract is not used and in bold type, a statement in substantially the following form:



You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for explanation of this right.

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Nev. Rev. Stat. § 598.250. Seller to furnish buyer form for notice of cancellation.A seller must furnish every buyer with a fully completed form in duplicate, captioned “NOTICE OF CANCELLATION,” which must be attached to the contract or receipt and easily detachable, and which must contain in boldface type the following information and statements in the same language as that used in the contract:



NOTICE OF CANCELLATION

(Enter date of transaction)

Date

You may cancel this transaction, without any penalty or obligation, except as provided by law, within 3 business days from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.

If you cancel, you must make available to the seller at reasonable times at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you must in the alternative comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.

If the seller does not either provide instructions for the return of the goods to the seller or pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to .....................................................................................................................

(Name of seller)

at..............................................……………………........ (Address of seller’s place of business) not later than midnight of

I hereby cancel this transaction.

..........................................

(Date)

.....................................................................

(Buyer’s signature)
Nev. Rev. Stat. § 598.250. Seller to furnish buyer form for notice of cancellation.A seller must furnish every buyer with a fully completed form in duplicate, captioned “NOTICE OF CANCELLATION,” which must be attached to the contract or receipt and easily detachable, and which must contain in boldface type the following information and statements in the same language as that used in the contract:



NOTICE OF CANCELLATION

(Enter date of transaction)

Date

You may cancel this transaction, without any penalty or obligation, except as provided by law, within 3 business days from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.

If you cancel, you must make available to the seller at reasonable times at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you must in the alternative comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.

If the seller does not either provide instructions for the return of the goods to the seller or pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to .....................................................................................................................

(Name of seller)

at..............................................……………………........ (Address of seller’s place of business) not later than midnight of

I hereby cancel this transaction.

..........................................

(Date)

.....................................................................

(Buyer’s signature)

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Nev. Rev. Stat. § 598.260. Penalty for cancellation permitted; limitations. NRS 598.140 to 598.2801, inclusive, do not prevent any seller from assessing a penalty for the cancellation of a door-to-door sale contract if the penalty does not exceed 5 percent of the total purchase price, $15, or any down payment paid by the buyer at the time any door-to-door sale contract is entered into or executed, whichever is the lesser amount.Nev. Rev. Stat. § 598.260. Penalty for cancellation permitted; limitations. NRS 598.140 to 598.2801, inclusive, do not prevent any seller from assessing a penalty for the cancellation of a door-to-door sale contract if the penalty does not exceed 5 percent of the total purchase price, $15, or any down payment paid by the buyer at the time any door-to-door sale contract is entered into or executed, whichever is the lesser amount.

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Nev. Rev. Stat. § 598.280. Unlawful acts. It is unlawful for any seller:

1. To fail to inform any buyer orally, at the time the buyer signs any door-to-door sale contract or purchases any consumer goods or services as a result of a door-to-door sale, of the buyer’s right to cancel the contract or to misrepresent in any manner said buyer’s right to cancel;

2. To fail or refuse to honor any valid notice of cancellation by a buyer;

3. To fail or refuse to return, within 10 business days after receiving notice of cancellation, any goods or property traded in, in substantially as good condition as when received;

4. To fail or refuse to refund all payments made under the contract or sale within 10 business days after receiving notice of cancellation;

5. To fail to notify a buyer within 10 business days after the receipt of a buyer’s notice of cancellation whether the seller intends to repossess or to abandon any shipped or delivered goods; or

6. To negotiate, transfer, sell or assign any note or other evidence of indebtedness to a finance company or other third party prior to midnight of the 5th business day following the day the contract was signed or the goods or services were purchased.
Nev. Rev. Stat. § 598.280. Unlawful acts. It is unlawful for any seller:

1. To fail to inform any buyer orally, at the time the buyer signs any door-to-door sale contract or purchases any consumer goods or services as a result of a door-to-door sale, of the buyer’s right to cancel the contract or to misrepresent in any manner said buyer’s right to cancel;

2. To fail or refuse to honor any valid notice of cancellation by a buyer;

3. To fail or refuse to return, within 10 business days after receiving notice of cancellation, any goods or property traded in, in substantially as good condition as when received;

4. To fail or refuse to refund all payments made under the contract or sale within 10 business days after receiving notice of cancellation;

5. To fail to notify a buyer within 10 business days after the receipt of a buyer’s notice of cancellation whether the seller intends to repossess or to abandon any shipped or delivered goods; or

6. To negotiate, transfer, sell or assign any note or other evidence of indebtedness to a finance company or other third party prior to midnight of the 5th business day following the day the contract was signed or the goods or services were purchased.

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Nev. Rev. Stat. § 598.2801. Violation constitutes deceptive trade practice. Any violation of NRS 598.240, 598.250 or 598.280 constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.Nev. Rev. Stat. § 598.2801. Violation constitutes deceptive trade practice. Any violation of NRS 598.240, 598.250 or 598.280 constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

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Nev. Rev. Stat. § 598.305. SELLERS OF TRAVEL - Definitions.As used in NRS 598.305 to 598.395, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.307 to 598.356, inclusive, have the meanings ascribed to them in those sections.Nev. Rev. Stat. § 598.305. SELLERS OF TRAVEL - Definitions. As used in NRS 598.305 to 598.395, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.307 to 598.356, inclusive, have the meanings ascribed to them in those sections.

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Nev. Rev. Stat. § 598.307. “Account” defined. “Account” means the account established pursuant to NRS 598.371.Nev. Rev. Stat. § 598.307. “Account” defined. “Account” means the account established pursuant to NRS 598.371.

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Nev. Rev. Stat. § 598.315. “Commissioner” defined. “Commissioner” means the Commissioner of the Division.Nev. Rev. Stat. § 598.315. “Commissioner” defined. “Commissioner” means the Commissioner of the Division.

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Nev. Rev. Stat. § 598.317. “Consumer” defined. “Consumer” means a person who pays money to a seller of travel for the purchase of travel services or a vacation certificate.Nev. Rev. Stat. § 598.317. “Consumer” defined. “Consumer” means a person who pays money to a seller of travel for the purchase of travel services or a vacation certificate.

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Nev. Rev. Stat. § 598.325. “Division” defined. “Division” means the Consumer Affairs Division of the Department of Business and Industry.Nev. Rev. Stat. § 598.325. “Division” defined. “Division” means the Consumer Affairs Division of the Department of Business and Industry.

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Nev. Rev. Stat. § 598.335. “Seller of travel” defined. “Seller of travel” means a person who offers for sale, directly or indirectly, transportation by air, land, rail or water, travel services, vacation certificates or any combination thereof, to a person or group of persons for a fee, commission or other valuable consideration. The term:

1. Includes any person who offers membership in a travel club or any services related to travel for an advance fee, payment or deposit.

2. Does not include:

(a) A person who:

(1) Contracts with a seller of travel to sell travel services or vacation certificates on behalf of the seller of travel;

(2) Receives compensation for selling the travel services or vacation certificates only from the seller of travel; and

(3) Requires the consumer who purchases the travel services or vacation certificates to pay for the travel services or vacation certificates by transmitting payment directly to the provider of the travel services or vacation certificates or the seller of travel;

(b) A hotel that provides or arranges travel services for its patrons or guests;

(c) A person who, for compensation, transports persons or property by air, land, rail or water;

(d) A tour broker or tour operator who is subject to the provisions of NRS 598.405 to 598.525, inclusive; or

(e) A motor club as defined in NRS 696A.050.
Nev. Rev. Stat. § 598.335. “Seller of travel” defined. “Seller of travel” means a person who offers for sale, directly or indirectly, transportation by air, land, rail or water, travel services, vacation certificates or any combination thereof, to a person or group of persons for a fee, commission or other valuable consideration. The term:

1. Includes any person who offers membership in a travel club or any services related to travel for an advance fee, payment or deposit.

2. Does not include:

(a) A person who:

(1) Contracts with a seller of travel to sell travel services or vacation certificates on behalf of the seller of travel;

(2) Receives compensation for selling the travel services or vacation certificates only from the seller of travel; and

(3) Requires the consumer who purchases the travel services or vacation certificates to pay for the travel services or vacation certificates by transmitting payment directly to the provider of the travel services or vacation certificates or the seller of travel;

(b) A hotel that provides or arranges travel services for its patrons or guests;

(c) A person who, for compensation, transports persons or property by air, land, rail or water;

(d) A tour broker or tour operator who is subject to the provisions of NRS 598.405 to 598.525, inclusive; or

(e) A motor club as defined in NRS 696A.050.

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Nev. Rev. Stat. § 598.345. “Travel services” defined. “Travel services” includes, without limitation:

1. Short-term leases of passenger cars;

2. Lodging;

3. Transfers;

4. Sightseeing tours other than sightseeing tours for which a tour broker or tour operator is regulated pursuant to NRS 598.405 to 598.525, inclusive; and

5. Any other services that are related to travel by air, land, rail or water or any other method of transportation.
Nev. Rev. Stat. § 598.345. “Travel services” defined. “Travel services” includes, without limitation:

1. Short-term leases of passenger cars;

2. Lodging;

3. Transfers;

4. Sightseeing tours other than sightseeing tours for which a tour broker or tour operator is regulated pursuant to NRS 598.405 to 598.525, inclusive; and

5. Any other services that are related to travel by air, land, rail or water or any other method of transportation.

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Nev. Rev. Stat. § 598.356. “Vacation certificate” defined. “Vacation certificate” means any document received by a person for consideration paid in advance which evidences that the holder of the document is entitled to:

1. Transportation by air, land, rail or water; or

2. The use of lodging or other facilities for a specified period,

Ê during the period for which the certificate is valid.
Nev. Rev. Stat. § 598.356. “Vacation certificate” defined. “Vacation certificate” means any document received by a person for consideration paid in advance which evidences that the holder of the document is entitled to:

1. Transportation by air, land, rail or water; or

2. The use of lodging or other facilities for a specified period,

Ê during the period for which the certificate is valid.

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Nev. Rev. Stat. § 598.361. Seller to maintain trust account; exception. 1. Except as otherwise provided in subsection 2:

(a) A seller of travel shall maintain a trust account in a bank, credit union or savings and loan association in this state for the purpose of depositing all money that a consumer pays to the seller of travel for the purchase of travel services or a vacation certificate.

(b) If a consumer pays money to a seller of travel for the purchase of travel services or a vacation certificate, the seller of travel shall deposit all such money in the trust account maintained by the seller of travel not later than 2 business days after the date on which the consumer pays the money to the seller of travel.

(c) The seller of travel shall pay out of the trust account the money paid to the seller of travel by the consumer as needed to complete the purchase of the travel services or vacation certificate purchased by the consumer.

2. The provisions of this section do not apply to a seller of travel who deposits security with the Division pursuant to NRS 598.375.
Nev. Rev. Stat. § 598.361. Seller to maintain trust account; exception. 1. Except as otherwise provided in subsection 2:

(a) A seller of travel shall maintain a trust account in a bank, credit union or savings and loan association in this state for the purpose of depositing all money that a consumer pays to the seller of travel for the purchase of travel services or a vacation certificate.

(b) If a consumer pays money to a seller of travel for the purchase of travel services or a vacation certificate, the seller of travel shall deposit all such money in the trust account maintained by the seller of travel not later than 2 business days after the date on which the consumer pays the money to the seller of travel.

(c) The seller of travel shall pay out of the trust account the money paid to the seller of travel by the consumer as needed to complete the purchase of the travel services or vacation certificate purchased by the consumer.

2. The provisions of this section do not apply to a seller of travel who deposits security with the Division pursuant to NRS 598.375.

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Nev. Rev. Stat. § 598.365. Seller to register, deposit security and pay fees before advertising services or conducting business in this State; certificate of registration; renewal of certificate.1. Before advertising its services or conducting business in this State, a seller of travel must register with the Division by:

(a) Submitting to the Division an application for registration on a form prescribed by the Division;

(b) Paying to the Division a fee of $25;

(c) Depositing the security required pursuant to NRS 598.375, if any, with the Division; and

(d) Paying to the Division a fee of $100 for deposit to the account established pursuant to NRS 598.371.

2. The Division shall issue a certificate of registration to the seller of travel upon receipt of:

(a) The security in the proper form if the seller of travel is required to deposit security pursuant to NRS 598.375; and

(b) The payment of any fees required by this section.

3. A certificate of registration:

(a) Is not transferable or assignable; and

(b) Expires 1 year after it is issued.

4. A seller of travel must renew a certificate of registration issued pursuant to this section before the certificate expires by:

(a) Submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division;

(b) Paying to the Division a fee of $25; and

(c) Paying to the Division a fee of $100 for deposit to the account established pursuant to NRS 598.371.

5. The Division shall mail an application for the renewal of a certificate to the last known address of a seller of travel at least 30 days before the expiration of the certificate.

6. The provisions of this section do not require a person described in paragraph (a) of subsection 2 of NRS 598.335 to register with the Division.
Nev. Rev. Stat. § 598.365. Seller to register, deposit security and pay fees before advertising services or conducting business in this State; certificate of registration; renewal of certificate. 1. Before advertising its services or conducting business in this State, a seller of travel must register with the Division by:

(a) Submitting to the Division an application for registration on a form prescribed by the Division;

(b) Paying to the Division a fee of $25;

(c) Depositing the security required pursuant to NRS 598.375, if any, with the Division; and

(d) Paying to the Division a fee of $100 for deposit to the account established pursuant to NRS 598.371.

2. The Division shall issue a certificate of registration to the seller of travel upon receipt of:

(a) The security in the proper form if the seller of travel is required to deposit security pursuant to NRS 598.375; and

(b) The payment of any fees required by this section.

3. A certificate of registration:

(a) Is not transferable or assignable; and

(b) Expires 1 year after it is issued.

4. A seller of travel must renew a certificate of registration issued pursuant to this section before the certificate expires by:

(a) Submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division;

(b) Paying to the Division a fee of $25; and

(c) Paying to the Division a fee of $100 for deposit to the account established pursuant to NRS 598.371.

5. The Division shall mail an application for the renewal of a certificate to the last known address of a seller of travel at least 30 days before the expiration of the certificate.

6. The provisions of this section do not require a person described in paragraph (a) of subsection 2 of NRS 598.335 to register with the Division.

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Nev. Rev. Stat. § 598.366. Seller to include registration number in advertising; form. A seller of travel shall include the registration number from his or her certificate of registration in any advertising conducted by, or on the behalf of, the seller of travel. The statement must be prominently displayed in the advertisement and be in substantially the following form in at least 10-point bold type in a font that is easy to read:



Nevada Seller of Travel

Registration No. _____.
Nev. Rev. Stat. § 598.366. Seller to include registration number in advertising; form. A seller of travel shall include the registration number from his or her certificate of registration in any advertising conducted by, or on the behalf of, the seller of travel. The statement must be prominently displayed in the advertisement and be in substantially the following form in at least 10-point bold type in a font that is easy to read:



Nevada Seller of Travel

Registration No. _____.

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Nev. Rev. Stat. § 598.367. Seller to display notice of Recovery Fund; penalty. 1. A seller of travel shall display conspicuously, at each place of business of the seller of travel and on any website maintained by the seller of travel for business purposes, a legible and typewritten statement that notifies consumers that they may be eligible to recover certain financial damages from the Recovery Fund. The written statement must be in substantially the following form:



RECOVERY FUND FOR CONSUMERS

DAMAGED BY SELLERS OF TRAVEL



You may be eligible for payment from the Recovery Fund if you have paid money to a seller of travel registered in this State for the purchase of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. To obtain information relating to your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery Fund, you may contact the Consumer Affairs Division of the Department of Business and Industry at the following locations:



SOUTHERN NEVADA: 1850 East Sahara Avenue

Suite 101

Las Vegas, Nevada 89104

Phone: (702) 486-7355

Fax: (702) 486-7371

ncad@fyiconsumer.org



NORTHERN NEVADA: 4600 Kietzke Lane

Building B, Suite 113

Reno, Nevada 89502

Phone: (775) 688-1800

Fax: (775) 688-1803



2. The Division may impose upon a seller of travel an administrative fine of not more than:

(a) For the first violation of subsection 1, $100; and

(b) For a second or subsequent violation of subsection 1, $250.

3. The Division shall deposit any money received pursuant to this section in the account established pursuant to NRS 598.371.

4. The provisions of NRS 598.305 to 598.395, inclusive, do not limit the authority of the Division to take disciplinary action against a seller of travel.

(Added to NRS by 2003, 1822; A 2003, 2885; R temp. 2009, 2732, expires by limitation on June 30, 2011)
Nev. Rev. Stat. § 598.367. Seller to display notice of Recovery Fund; penalty. 1. A seller of travel shall display conspicuously, at each place of business of the seller of travel and on any website maintained by the seller of travel for business purposes, a legible and typewritten statement that notifies consumers that they may be eligible to recover certain financial damages from the Recovery Fund. The written statement must be in substantially the following form:



RECOVERY FUND FOR CONSUMERS

DAMAGED BY SELLERS OF TRAVEL



You may be eligible for payment from the Recovery Fund if you have paid money to a seller of travel registered in this State for the purchase of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. To obtain information relating to your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery Fund, you may contact the Consumer Affairs Division of the Department of Business and Industry at the following locations:



SOUTHERN NEVADA: 1850 East Sahara Avenue

Suite 101

Las Vegas, Nevada 89104

Phone: (702) 486-7355

Fax: (702) 486-7371

ncad@fyiconsumer.org



NORTHERN NEVADA: 4600 Kietzke Lane

Building B, Suite 113

Reno, Nevada 89502

Phone: (775) 688-1800

Fax: (775) 688-1803



2. The Division may impose upon a seller of travel an administrative fine of not more than:

(a) For the first violation of subsection 1, $100; and

(b) For a second or subsequent violation of subsection 1, $250.

3. The Division shall deposit any money received pursuant to this section in the account established pursuant to NRS 598.371.

4. The provisions of NRS 598.305 to 598.395, inclusive, do not limit the authority of the Division to take disciplinary action against a seller of travel.

(Added to NRS by 2003, 1822; A 2003, 2885; R temp. 2009, 2732, expires by limitation on June 30, 2011)

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Nev. Rev. Stat. § 598.371. Administration of Fund: Separate accounting; limitations on use.1. The Division shall administer and account separately for the money received from each seller of travel pursuant to the provisions of paragraph (d) of subsection 1 and paragraph (c) of subsection 4 of NRS 598.365. The Division may refer to the money in the account as the “Recovery Fund.”

2. Except as otherwise provided in NRS 598.372, the money in the account must be used to pay claims made by consumers who are eligible for recovery from the account pursuant to NRS 598.373 and 598.374.
Nev. Rev. Stat. § 598.371. Administration of Fund: Separate accounting; limitations on use. 1. The Division shall administer and account separately for the money received from each seller of travel pursuant to the provisions of paragraph (d) of subsection 1 and paragraph (c) of subsection 4 of NRS 598.365. The Division may refer to the money in the account as the “Recovery Fund.”

2. Except as otherwise provided in NRS 598.372, the money in the account must be used to pay claims made by consumers who are eligible for recovery from the account pursuant to NRS 598.373 and 598.374.

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Nev. Rev. Stat. § 598.372. Administration of Fund: Report to Legislature; employment of persons; interest on money; limitations on balance; regulations. 1. The Division shall:

(a) On or before February 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the appropriate legislative committee if the Legislature is in session, or to the Interim Finance Committee if the Legislature is not in session, a statement of the condition of the account that is prepared in accordance with generally accepted accounting principles.

(b) Employ accountants as necessary for the performance of the duties set forth in this section and pay any related expenses from the money in the account. Except as otherwise provided in subsection 3, the expenditures made by the Division pursuant to this paragraph must not exceed $10,000 in any fiscal year.

(c) Employ or contract with persons and procure necessary equipment, supplies and services to be paid from or purchased with the money in the account as may be necessary to monitor or process claims filed by consumers that may result in a recovery from the account.

2. Any interest earned on the money in the account must be credited to the account. The Division may expend the interest earned on the money in the account to increase public awareness of the account. Except as otherwise provided in subsection 3, the expenditures made by the Division for this purpose must not exceed $50,000 in any fiscal year.

3. The total expenditures made by the Division pursuant to this section must not exceed 10 percent of the account in any fiscal year.

4. Once an initial balance of $200,000 exists in the account, the Division shall maintain a minimum balance of $200,000 in the account.

5. The Division shall adopt such regulations as are necessary to carry out the provisions of NRS 598.305 to 598.395, inclusive, including, without limitation, regulations governing:

(a) The disbursement of money from the account; and

(b) The manner in which a complaint is filed with the Division or its designee pursuant to the provisions of NRS 598.373.
Nev. Rev. Stat. § 598.372. Administration of Fund: Report to Legislature; employment of persons; interest on money; limitations on balance; regulations. 1. The Division shall:

(a) On or before February 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the appropriate legislative committee if the Legislature is in session, or to the Interim Finance Committee if the Legislature is not in session, a statement of the condition of the account that is prepared in accordance with generally accepted accounting principles.

(b) Employ accountants as necessary for the performance of the duties set forth in this section and pay any related expenses from the money in the account. Except as otherwise provided in subsection 3, the expenditures made by the Division pursuant to this paragraph must not exceed $10,000 in any fiscal year.

(c) Employ or contract with persons and procure necessary equipment, supplies and services to be paid from or purchased with the money in the account as may be necessary to monitor or process claims filed by consumers that may result in a recovery from the account.

2. Any interest earned on the money in the account must be credited to the account. The Division may expend the interest earned on the money in the account to increase public awareness of the account. Except as otherwise provided in subsection 3, the expenditures made by the Division for this purpose must not exceed $50,000 in any fiscal year.

3. The total expenditures made by the Division pursuant to this section must not exceed 10 percent of the account in any fiscal year.

4. Once an initial balance of $200,000 exists in the account, the Division shall maintain a minimum balance of $200,000 in the account.

5. The Division shall adopt such regulations as are necessary to carry out the provisions of NRS 598.305 to 598.395, inclusive, including, without limitation, regulations governing:

(a) The disbursement of money from the account; and

(b) The manner in which a complaint is filed with the Division or its designee pursuant to the provisions of NRS 598.373.

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Nev. Rev. Stat. § 598.373. Recovery from Fund: Deadline for complaint; hearing; judgment of court; action by Division. 1. Except as otherwise provided in subsection 5, a consumer who is eligible for recovery from the account must file a complaint with the Division or its designee not later than 1 year after the scheduled date of completion of the travel purchased by the consumer. The consumer must file the complaint on a form established for this purpose by the Division.

2. If the Division receives a complaint pursuant to subsection 1, the Division or its designee shall hold a hearing on the complaint. The Division shall:

(a) Affix the time and place for the hearing; and

(b) Notify the interested parties, in writing, at least 10 days before the date affixed for the hearing, of the time and place of the hearing.

3. Any testimony taken at the hearing must be considered a part of the record of the hearing before the Division or its designee.

4. The hearing must be public if a request is made for a public hearing.

5. If a consumer has obtained a judgment in any court of competent jurisdiction for recovery of damages against a seller of travel, the consumer may file with the Division or its designee a complaint for recovery of the judgment from the account. The consumer must file the complaint not later than 2 years after the entry of the judgment. The consumer is eligible for recovery of the judgment from the account if:

(a) The judgment is for actual damages suffered by the consumer as a result of:

(1) Any act of fraud or misrepresentation by the seller of travel acting in his or her capacity as a seller of travel;

(2) The bankruptcy of the seller of travel;

(3) The breach of any contract entered into by the seller of travel in his or her capacity as a seller of travel; or

(4) The violation by the seller of travel of any provision of NRS 598.305 to 598.395, inclusive;

(b) The proceedings in connection with the judgment, including all appeals, have terminated;

(c) The consumer files the complaint on a form established for this purpose by the Division;

(d) The consumer submits proof satisfactory to the Division of the judgment; and

(e) Upon obtaining payment from the account, the consumer assigns his or her rights to enforce the judgment to the Division.

6. If a consumer files a complaint pursuant to this section, the Division or its designee shall act upon the complaint not later than 60 days after the date on which the complaint is filed with the Division, unless the Division:

(a) Determines that the complaint involves complex issues that may not reasonably be resolved within 60 days; and

(b) Notifies the interested parties, in writing, that the time for acting on the complaint will be extended. If the Division provides such notice to the interested parties, the Division shall act upon the complaint not later than 180 days after the date on which the complaint is filed with the Division.
Nev. Rev. Stat. § 598.373. Recovery from Fund: Deadline for complaint; hearing; judgment of court; action by Division. 1. Except as otherwise provided in subsection 5, a consumer who is eligible for recovery from the account must file a complaint with the Division or its designee not later than 1 year after the scheduled date of completion of the travel purchased by the consumer. The consumer must file the complaint on a form established for this purpose by the Division.

2. If the Division receives a complaint pursuant to subsection 1, the Division or its designee shall hold a hearing on the complaint. The Division shall:

(a) Affix the time and place for the hearing; and

(b) Notify the interested parties, in writing, at least 10 days before the date affixed for the hearing, of the time and place of the hearing.

3. Any testimony taken at the hearing must be considered a part of the record of the hearing before the Division or its designee.

4. The hearing must be public if a request is made for a public hearing.

5. If a consumer has obtained a judgment in any court of competent jurisdiction for recovery of damages against a seller of travel, the consumer may file with the Division or its designee a complaint for recovery of the judgment from the account. The consumer must file the complaint not later than 2 years after the entry of the judgment. The consumer is eligible for recovery of the judgment from the account if:

(a) The judgment is for actual damages suffered by the consumer as a result of:

(1) Any act of fraud or misrepresentation by the seller of travel acting in his or her capacity as a seller of travel;

(2) The bankruptcy of the seller of travel;

(3) The breach of any contract entered into by the seller of travel in his or her capacity as a seller of travel; or

(4) The violation by the seller of travel of any provision of NRS 598.305 to 598.395, inclusive;

(b) The proceedings in connection with the judgment, including all appeals, have terminated;

(c) The consumer files the complaint on a form established for this purpose by the Division;

(d) The consumer submits proof satisfactory to the Division of the judgment; and

(e) Upon obtaining payment from the account, the consumer assigns his or her rights to enforce the judgment to the Division.

6. If a consumer files a complaint pursuant to this section, the Division or its designee shall act upon the complaint not later than 60 days after the date on which the complaint is filed with the Division, unless the Division:

(a) Determines that the complaint involves complex issues that may not reasonably be resolved within 60 days; and

(b) Notifies the interested parties, in writing, that the time for acting on the complaint will be extended. If the Division provides such notice to the interested parties, the Division shall act upon the complaint not later than 180 days after the date on which the complaint is filed with the Division.

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Nev. Rev. Stat. § 598.374. Recovery from Fund: Eligibility; limitations on payment; subrogation of claim. 1. Except as otherwise provided in subsection 2, a consumer is eligible for recovery from the account if:

(a) The Division or its designee, after conducting a hearing on a complaint filed pursuant to the provisions of subsection 1 of NRS 598.373, finds that the consumer suffered actual damages as a result of:

(1) Any act of fraud or misrepresentation by the seller of travel acting in his or her capacity as a seller of travel;

(2) The bankruptcy of the seller of travel;

(3) The breach of any contract entered into by the seller of travel in his or her capacity as a seller of travel; or

(4) The violation by the seller of travel of any provision of NRS 598.305 to 598.395, inclusive; or

(b) The consumer complies with the provisions of subsection 5 of NRS 598.373 for the recovery of a judgment from the account.

2. A consumer is not eligible for recovery from the account if:

(a) The consumer is the spouse of the seller of travel or is a personal representative of the spouse of the seller of travel;

(b) The consumer was associated in a business relationship with the seller of travel other than with regard to the travel services or vacation certificate at issue;

(c) At the time the consumer paid money to the seller of travel for the purchase of the travel services or vacation certificate at issue, the seller of travel was not registered with the Division as required by NRS 598.365; or

(d) The consumer is seeking recovery of losses which were incurred by the consumer as the result of a cancellation penalty that:

(1) Was fully disclosed and agreed to by the consumer at the time the consumer entered into the contract for the purchase of the travel services or vacation certificate at issue; and

(2) Was imposed against the consumer, in accordance with the terms of the contract, after the cancellation of the travel services or vacation certificate at issue.

3. If the Division or its designee finds that a consumer is eligible for recovery from the account pursuant to this section, the Division or its designee may pay out of the account:

(a) If the complaint was filed pursuant to subsection 1 of NRS 598.373, the amount of actual damages suffered, but not to exceed $10,000; or

(b) If the complaint was filed pursuant to subsection 5 of NRS 598.373, the amount of actual damages included in the judgment and remaining unpaid, but not to exceed $10,000.

4. If a consumer has recovered a portion of his or her losses from sources other than the account, the Division shall deduct the amount recovered from the other sources from the amount payable upon the claim and direct the difference to be paid from the account.

5. To the extent that payments are made from the account to a consumer, the Division is subrogated to the rights of the consumer. The Division and the Attorney General shall promptly enforce all subrogation claims.

6. The amount of recovery from the account based upon claims made against any single seller of travel:

(a) Must not exceed $200,000; and

(b) For any single action of the seller of travel, must not exceed 20 percent of the balance of the account.
Nev. Rev. Stat. § 598.374. Recovery from Fund: Eligibility; limitations on payment; subrogation of claim. 1. Except as otherwise provided in subsection 2, a consumer is eligible for recovery from the account if:

(a) The Division or its designee, after conducting a hearing on a complaint filed pursuant to the provisions of subsection 1 of NRS 598.373, finds that the consumer suffered actual damages as a result of:

(1) Any act of fraud or misrepresentation by the seller of travel acting in his or her capacity as a seller of travel;

(2) The bankruptcy of the seller of travel;

(3) The breach of any contract entered into by the seller of travel in his or her capacity as a seller of travel; or

(4) The violation by the seller of travel of any provision of NRS 598.305 to 598.395, inclusive; or

(b) The consumer complies with the provisions of subsection 5 of NRS 598.373 for the recovery of a judgment from the account.

2. A consumer is not eligible for recovery from the account if:

(a) The consumer is the spouse of the seller of travel or is a personal representative of the spouse of the seller of travel;

(b) The consumer was associated in a business relationship with the seller of travel other than with regard to the travel services or vacation certificate at issue;

(c) At the time the consumer paid money to the seller of travel for the purchase of the travel services or vacation certificate at issue, the seller of travel was not registered with the Division as required by NRS 598.365; or

(d) The consumer is seeking recovery of losses which were incurred by the consumer as the result of a cancellation penalty that:

(1) Was fully disclosed and agreed to by the consumer at the time the consumer entered into the contract for the purchase of the travel services or vacation certificate at issue; and

(2) Was imposed against the consumer, in accordance with the terms of the contract, after the cancellation of the travel services or vacation certificate at issue.

3. If the Division or its designee finds that a consumer is eligible for recovery from the account pursuant to this section, the Division or its designee may pay out of the account:

(a) If the complaint was filed pursuant to subsection 1 of NRS 598.373, the amount of actual damages suffered, but not to exceed $10,000; or

(b) If the complaint was filed pursuant to subsection 5 of NRS 598.373, the amount of actual damages included in the judgment and remaining unpaid, but not to exceed $10,000.

4. If a consumer has recovered a portion of his or her losses from sources other than the account, the Division shall deduct the amount recovered from the other sources from the amount payable upon the claim and direct the difference to be paid from the account.

5. To the extent that payments are made from the account to a consumer, the Division is subrogated to the rights of the consumer. The Division and the Attorney General shall promptly enforce all subrogation claims.

6. The amount of recovery from the account based upon claims made against any single seller of travel:

(a) Must not exceed $200,000; and

(b) For any single action of the seller of travel, must not exceed 20 percent of the balance of the account.

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Nev. Rev. Stat. § 598.375. Security required for registration: Form; term; amount; records; rejection for nonconformance; change in form; inadequate amount; exception. 1. Except as otherwise provided in subsection 8, each seller of travel shall deposit with the Division:

(a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this state;

(b) An irrevocable letter of credit for which the seller of travel is the obligor, issued by a bank whose deposits are federally insured; or

(c) A certificate of deposit in a financial institution which is doing business in this state and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the Commissioner, except that the interest may accrue to the seller of travel.

2. The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.

3. The amount of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be $50,000.

4. If the seller of travel deposits a bond, the seller of travel shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the Division during business hours. The seller of travel shall notify the Division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the Division.

5. The Commissioner may reject any bond, letter of credit or certificate of deposit that fails to comply with the requirements of this chapter.

6. A seller of travel may change the form of security that he or she has deposited with the Division. If the seller of travel changes the form of the security, the Commissioner may retain for not more than 1 year any portion of the security previously deposited by the seller of travel as security for claims arising during the time the previous security was in effect.

7. If the amount of the deposited security falls below the amount required by this chapter for that security, the seller of travel shall be deemed not to be registered as required by NRS 598.365 for the purposes of this chapter.

8. The provisions of this section do not apply to a seller of travel who:

(a) Is accredited by and appointed as an agent of the Airlines Reporting Corporation; or

(b) Maintains a trust account in accordance with the provisions of NRS 598.361.
Nev. Rev. Stat. § 598.375. Security required for registration: Form; term; amount; records; rejection for nonconformance; change in form; inadequate amount; exception. 1. Except as otherwise provided in subsection 8, each seller of travel shall deposit with the Division:

(a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this state;

(b) An irrevocable letter of credit for which the seller of travel is the obligor, issued by a bank whose deposits are federally insured; or

(c) A certificate of deposit in a financial institution which is doing business in this state and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the Commissioner, except that the interest may accrue to the seller of travel.

2. The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.

3. The amount of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be $50,000.

4. If the seller of travel deposits a bond, the seller of travel shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the Division during business hours. The seller of travel shall notify the Division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the Division.

5. The Commissioner may reject any bond, letter of credit or certificate of deposit that fails to comply with the requirements of this chapter.

6. A seller of travel may change the form of security that he or she has deposited with the Division. If the seller of travel changes the form of the security, the Commissioner may retain for not more than 1 year any portion of the security previously deposited by the seller of travel as security for claims arising during the time the previous security was in effect.

7. If the amount of the deposited security falls below the amount required by this chapter for that security, the seller of travel shall be deemed not to be registered as required by NRS 598.365 for the purposes of this chapter.

8. The provisions of this section do not apply to a seller of travel who:

(a) Is accredited by and appointed as an agent of the Airlines Reporting Corporation; or

(b) Maintains a trust account in accordance with the provisions of NRS 598.361.

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Nev. Rev. Stat. § 598.385. Rights and remedies of injured consumers; resolution by Division of claims against security; regulations. 1. The security required to be deposited by a seller of travel pursuant to NRS 598.375 must be held in trust for consumers injured as a result of:

(a) Any act of fraud or misrepresentation by the seller of travel acting in his or her capacity as a seller of travel;

(b) The bankruptcy of the seller of travel; or

(c) The breach of any contract entered into by the seller of travel in his or her capacity as a seller of travel.

2. A consumer so injured may bring and maintain an action in any court of competent jurisdiction to recover against the security.

3. The Division may bring an action for interpleader against all claimants upon the security. If the Division brings such an action, the Division shall publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county in which the seller of travel has its principal place of business. The Division may deduct its costs of the action, including the costs of the publication of the notice, from the amount of the security. All claims against the security have equal priority. If the security is insufficient to pay all the claims in full, the claims must be paid pro rata. If the seller of travel has posted a bond with the Division, the surety is then relieved of all liability under the bond.

4. The Division may, in lieu of bringing an action for interpleader pursuant to subsection 3, conduct a hearing to determine the distribution of the security to claimants. The Division shall adopt regulations to provide for adequate notice and the conduct of the hearing. If the seller of travel has posted a bond with the Division, distribution pursuant to this subsection relieves the surety of all liability under the bond.

5. If the security is sufficient to pay all claims against the security in full, the Division may deduct from the amount of the security, the cost of any investigation or hearing it conducted to determine the distribution of the security.
Nev. Rev. Stat. § 598.385. Rights and remedies of injured consumers; resolution by Division of claims against security; regulations. 1. The security required to be deposited by a seller of travel pursuant to NRS 598.375 must be held in trust for consumers injured as a result of:

(a) Any act of fraud or misrepresentation by the seller of travel acting in his or her capacity as a seller of travel;

(b) The bankruptcy of the seller of travel; or

(c) The breach of any contract entered into by the seller of travel in his or her capacity as a seller of travel.

2. A consumer so injured may bring and maintain an action in any court of competent jurisdiction to recover against the security.

3. The Division may bring an action for interpleader against all claimants upon the security. If the Division brings such an action, the Division shall publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county in which the seller of travel has its principal place of business. The Division may deduct its costs of the action, including the costs of the publication of the notice, from the amount of the security. All claims against the security have equal priority. If the security is insufficient to pay all the claims in full, the claims must be paid pro rata. If the seller of travel has posted a bond with the Division, the surety is then relieved of all liability under the bond.

4. The Division may, in lieu of bringing an action for interpleader pursuant to subsection 3, conduct a hearing to determine the distribution of the security to claimants. The Division shall adopt regulations to provide for adequate notice and the conduct of the hearing. If the seller of travel has posted a bond with the Division, distribution pursuant to this subsection relieves the surety of all liability under the bond.

5. If the security is sufficient to pay all claims against the security in full, the Division may deduct from the amount of the security, the cost of any investigation or hearing it conducted to determine the distribution of the security.

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Nev. Rev. Stat. § 598.395. Release of security if seller ceases to operate or registration expires.1. If no claims have been filed against the security deposited with the Division pursuant to NRS 598.375 within 6 months after the seller of travel ceases to operate or his or her registration expires, whichever occurs later, the Commissioner shall release the security to the seller of travel and shall not audit any claims filed against the security thereafter by consumers.

2. If one or more claims have been filed against the security within 6 months after the seller of travel ceases to operate or his or her registration expires, whichever occurs later, the proceeds must not be released to the seller of travel or distributed to any consumer earlier than 1 year after the seller of travel ceases to operate or his or her registration expires, whichever occurs later.

3. For the purposes of this section, the Commissioner shall determine the date on which a seller of travel ceases to operate.
Nev. Rev. Stat. § 598.395. Release of security if seller ceases to operate or registration expires. 1. If no claims have been filed against the security deposited with the Division pursuant to NRS 598.375 within 6 months after the seller of travel ceases to operate or his or her registration expires, whichever occurs later, the Commissioner shall release the security to the seller of travel and shall not audit any claims filed against the security thereafter by consumers.

2. If one or more claims have been filed against the security within 6 months after the seller of travel ceases to operate or his or her registration expires, whichever occurs later, the proceeds must not be released to the seller of travel or distributed to any consumer earlier than 1 year after the seller of travel ceases to operate or his or her registration expires, whichever occurs later.

3. For the purposes of this section, the Commissioner shall determine the date on which a seller of travel ceases to operate.

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Nev. Rev. Stat. § 598.405. SIGHTSEEING TOURS - Definitions. As used in NRS 598.405 to 598.525, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.416 to 598.465, inclusive, have the meanings ascribed to them in those sections.Nev. Rev. Stat. § 598.405. SIGHTSEEING TOURS - Definitions. As used in NRS 598.405 to 598.525, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.416 to 598.465, inclusive, have the meanings ascribed to them in those sections.

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Nev. Rev. Stat. § 598.416. “Advertise” and “advertisement” defined. “Advertise” and “advertisement” mean the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to take a sightseeing tour.Nev. Rev. Stat. § 598.416. “Advertise” and “advertisement” defined. “Advertise” and “advertisement” mean the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to take a sightseeing tour.

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Nev. Rev. Stat. § 598.425. “Commissioner” defined. “Commissioner” means the Commissioner of the Division.Nev. Rev. Stat. § 598.425. “Commissioner” defined. “Commissioner” means the Commissioner of the Division.

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Nev. Rev. Stat. § 598.435. “Division” defined. “Division” means the Consumer Affairs Division of the Department of Business and Industry.Nev. Rev. Stat. § 598.435. “Division” defined. “Division” means the Consumer Affairs Division of the Department of Business and Industry.

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Nev. Rev. Stat. § 598.445. “Sightseeing tour” defined. “Sightseeing tour” means an excursion that:

1. Has a duration of 24 hours or less;

2. Travels to one or more points of interest; and

3. Is conducted using one or more means of motorized conveyance, including, without limitation, an airplane, bus, helicopter, tour boat or touring raft.
Nev. Rev. Stat. § 598.445. “Sightseeing tour” defined. “Sightseeing tour” means an excursion that:

1. Has a duration of 24 hours or less;

2. Travels to one or more points of interest; and

3. Is conducted using one or more means of motorized conveyance, including, without limitation, an airplane, bus, helicopter, tour boat or touring raft.

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Nev. Rev. Stat. § 598.455. “Tour broker” defined. “Tour broker” means a person who, in this state, advertises a sightseeing tour for a tour operator and collects money from customers for a sightseeing tour.Nev. Rev. Stat. § 598.455. “Tour broker” defined. “Tour broker” means a person who, in this state, advertises a sightseeing tour for a tour operator and collects money from customers for a sightseeing tour.

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Nev. Rev. Stat. § 598.465. “Tour operator” defined. “Tour operator” means a person who, in this state, engages in the business of providing a sightseeing tour to customers.Nev. Rev. Stat. § 598.465. “Tour operator” defined. “Tour operator” means a person who, in this state, engages in the business of providing a sightseeing tour to customers.

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Nev. Rev. Stat. § 598.471. Tour broker and tour operator to register, pay fee and, if applicable, deposit security before advertising services or conducting business in this State; certificate of registration; renewal of certificate. 1. Before advertising its services or conducting business in this State, a tour broker or tour operator must register with the Division by:

(a) Submitting to the Division an application for registration on a form prescribed by the Division;

(b) Paying to the Division a fee of $25; and

(c) If the tour broker or tour operator is subject to the provisions of NRS 598.495, depositing the security required by NRS 598.495 with the Division.

2. The Division shall issue a certificate of registration to the tour broker or tour operator upon receipt of:

(a) The security in the proper form as required by NRS 598.495, if the tour broker or tour operator is subject to the provisions of NRS 598.495; and

(b) The payment of the fee required by subsection 1.

3. A certificate of registration:

(a) Is not transferable or assignable; and

(b) Expires 1 year after it is issued.

4. A tour broker or tour operator must renew a certificate of registration issued pursuant to this section before the certificate expires by:

(a) Submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division; and

(b) Paying to the Division a fee of $25.
Nev. Rev. Stat. § 598.471. Tour broker and tour operator to register, pay fee and, if applicable, deposit security before advertising services or conducting business in this State; certificate of registration; renewal of certificate. 1. Before advertising its services or conducting business in this State, a tour broker or tour operator must register with the Division by:

(a) Submitting to the Division an application for registration on a form prescribed by the Division;

(b) Paying to the Division a fee of $25; and

(c) If the tour broker or tour operator is subject to the provisions of NRS 598.495, depositing the security required by NRS 598.495 with the Division.

2. The Division shall issue a certificate of registration to the tour broker or tour operator upon receipt of:

(a) The security in the proper form as required by NRS 598.495, if the tour broker or tour operator is subject to the provisions of NRS 598.495; and

(b) The payment of the fee required by subsection 1.

3. A certificate of registration:

(a) Is not transferable or assignable; and

(b) Expires 1 year after it is issued.

4. A tour broker or tour operator must renew a certificate of registration issued pursuant to this section before the certificate expires by:

(a) Submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division; and

(b) Paying to the Division a fee of $25.

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Nev. Rev. Stat. § 598.475. Tour broker and tour operator required to disclose total price in advertisement and prohibited from charging higher amount; notice required on billing invoice; tour broker and tour operator required to honor valid coupon; violation constitutes deceptive trade practice. 1. In each advertisement for a sightseeing tour, a tour broker and a tour operator shall disclose in a clear and conspicuous manner the total price a customer is required to pay to take the sightseeing tour. Unless the inclusion of a fee or tax in the total price would violate a specific statute of this state or a federal statute or regulation, the total price must include, without limitation, all fees, taxes and other charges that a customer for a sightseeing tour is required to pay to take the sightseeing tour. If a fee or tax cannot be included in the total price because its inclusion would violate a specific statute of this state or a federal statute or regulation, the tour broker or tour operator, as applicable, shall disclose in a clear and conspicuous manner that the fee or tax is not included in the total price and must be paid in addition to the total price.

2. A tour broker and a tour operator shall not charge a customer for a sightseeing tour an amount that exceeds the sum of:

(a) The total price for the sightseeing tour which is disclosed in an advertisement for the sightseeing tour; and

(b) Any fee or tax that is not included in the total price for the sightseeing tour because its inclusion would violate a specific statute of this state or a federal statute or regulation.

3. On a billing invoice or receipt given to a customer for a sightseeing tour, a tour broker and a tour operator shall provide a clear and conspicuous notice which:

(a) Sets forth the provisions of subsection 2;

(b) States that complaints concerning the charges for a sightseeing tour may be directed to the division; and

(c) Provides a telephone number for the division.

4. If a tour operator issues or causes to be issued a coupon or other indicia of discount or special promotion, the tour operator shall honor the coupon or other indicia in good faith unless:

(a) The coupon or other indicia sets forth a date of expiration that is clearly legible; and

(b) The date of expiration has passed.

5. The failure of a tour broker or tour operator to comply with a provision of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
Nev. Rev. Stat. § 598.475. Tour broker and tour operator required to disclose total price in advertisement and prohibited from charging higher amount; notice required on billing invoice; tour broker and tour operator required to honor valid coupon; violation constitutes deceptive trade practice. [Effective through June 30, 2011.]
1. In each advertisement for a sightseeing tour, a tour broker and a tour operator shall disclose in a clear and conspicuous manner the total price a customer is required to pay to take the sightseeing tour. Unless the inclusion of a fee or tax in the total price would violate a specific statute of this state or a federal statute or regulation, the total price must include, without limitation, all fees, taxes and other charges that a customer for a sightseeing tour is required to pay to take the sightseeing tour. If a fee or tax cannot be included in the total price because its inclusion would violate a specific statute of this state or a federal statute or regulation, the tour broker or tour operator, as applicable, shall disclose in a clear and conspicuous manner that the fee or tax is not included in the total price and must be paid in addition to the total price.

2. A tour broker and a tour operator shall not charge a customer for a sightseeing tour an amount that exceeds the sum of:

(a) The total price for the sightseeing tour which is disclosed in an advertisement for the sightseeing tour; and

(b) Any fee or tax that is not included in the total price for the sightseeing tour because its inclusion would violate a specific statute of this state or a federal statute or regulation.

3. On a billing invoice or receipt given to a customer for a sightseeing tour, a tour broker and a tour operator shall provide a clear and conspicuous notice which sets forth the provisions of subsection 2.

4. If a tour operator issues or causes to be issued a coupon or other indicia of discount or special promotion, the tour operator shall honor the coupon or other indicia in good faith unless:

(a) The coupon or other indicia sets forth a date of expiration that is clearly legible; and

(b) The date of expiration has passed.

5. The failure of a tour broker or tour operator to comply with a provision of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

6. As used in this section:

(a) “Advertise” or “advertisement” means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to take a sightseeing tour.

(b) “Sightseeing tour” means an excursion that:

(1) Has a duration of 24 hours or less;

(2) Travels to one or more points of interest; and

(3) Is conducted using one or more means of motorized conveyance, including, without limitation, an airplane, bus, helicopter, tour boat or touring raft.

(c) “Tour broker” means a person who, in this State, advertises a sightseeing tour for a tour operator and collects money from customers for a sightseeing tour.

(d) “Tour operator” means a person who, in this State, engages in the business of providing a sightseeing tour to customers.

[Effective July 1, 2011.]
1. In each advertisement for a sightseeing tour, a tour broker and a tour operator shall disclose in a clear and conspicuous manner the total price a customer is required to pay to take the sightseeing tour. Unless the inclusion of a fee or tax in the total price would violate a specific statute of this state or a federal statute or regulation, the total price must include, without limitation, all fees, taxes and other charges that a customer for a sightseeing tour is required to pay to take the sightseeing tour. If a fee or tax cannot be included in the total price because its inclusion would violate a specific statute of this state or a federal statute or regulation, the tour broker or tour operator, as applicable, shall disclose in a clear and conspicuous manner that the fee or tax is not included in the total price and must be paid in addition to the total price.

2. A tour broker and a tour operator shall not charge a customer for a sightseeing tour an amount that exceeds the sum of:

(a) The total price for the sightseeing tour which is disclosed in an advertisement for the sightseeing tour; and

(b) Any fee or tax that is not included in the total price for the sightseeing tour because its inclusion would violate a specific statute of this state or a federal statute or regulation.

3. On a billing invoice or receipt given to a customer for a sightseeing tour, a tour broker and a tour operator shall provide a clear and conspicuous notice which:

(a) Sets forth the provisions of subsection 2;

(b) States that complaints concerning the charges for a sightseeing tour may be directed to the Division; and

(c) Provides a telephone number for the Division.

4. If a tour operator issues or causes to be issued a coupon or other indicia of discount or special promotion, the tour operator shall honor the coupon or other indicia in good faith unless:

(a) The coupon or other indicia sets forth a date of expiration that is clearly legible; and

(b) The date of expiration has passed.

5. The failure of a tour broker or tour operator to comply with a provision of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

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Nev. Rev. Stat. § 598.485. Applicability of provisions limited to tour brokers and tour operators operating in certain counties. The provisions of NRS 598.495, 598.506 and 598.515 do not apply to a tour broker whose business is confined to advertising, or a tour operator whose business is confined to advertising and conducting, sightseeing tours that originate in a county other than a county whose population is 400,000 or more.Nev. Rev. Stat. § 598.485. Applicability of provisions limited to tour brokers and tour operators operating in certain counties.The provisions of NRS 598.495, 598.506 and 598.515 do not apply to a tour broker whose business is confined to advertising, or a tour operator whose business is confined to advertising and conducting, sightseeing tours that originate in a county other than a county whose population is 400,000 or more.

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Nev. Rev. Stat. § 598.495. Security required to be deposited by tour broker and tour operator: Form; term; amount; records; rejection for nonconformance; change in form; inadequate amount. 1. Each tour broker and tour operator shall deposit with the Division:

(a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this state;

(b) An irrevocable letter of credit for which the tour broker or tour operator is the obligor, issued by a bank whose deposits are federally insured; or

(c) A certificate of deposit in a financial institution which is doing business in this state and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the Commissioner, except that the interest may accrue to the tour broker or tour operator.

2. The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.

3. The amount of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be $10,000.

4. If the tour broker or tour operator deposits a bond, the tour broker or tour operator shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the Division during business hours. The tour broker or tour operator shall notify the Division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the Division.

5. The Commissioner may reject any bond, letter of credit or certificate of deposit that fails to conform to the requirements of this chapter.

6. A tour broker or tour operator may change the form of security that he or she has deposited with the Division. If the tour broker or tour operator changes the form of the security, the Commissioner may retain for not more than 1 year any portion of the security previously deposited by the tour broker or tour operator as security for claims arising during the time the previous security was in effect.

7. If the amount of the bond, letter of credit or certificate of deposit falls below the amount required by this section, the tour broker or tour operator shall, within 30 days, increase the amount of the bond, letter of credit or certificate of deposit to the amount required by this section.
Nev. Rev. Stat. § 598.495. Security required to be deposited by tour broker and tour operator: Form; term; amount; records; rejection for nonconformance; change in form; inadequate amount. 1. Each tour broker and tour operator shall deposit with the Division:

(a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this state;

(b) An irrevocable letter of credit for which the tour broker or tour operator is the obligor, issued by a bank whose deposits are federally insured; or

(c) A certificate of deposit in a financial institution which is doing business in this state and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the Commissioner, except that the interest may accrue to the tour broker or tour operator.

2. The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.

3. The amount of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be $10,000.

4. If the tour broker or tour operator deposits a bond, the tour broker or tour operator shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the Division during business hours. The tour broker or tour operator shall notify the Division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the Division.

5. The Commissioner may reject any bond, letter of credit or certificate of deposit that fails to conform to the requirements of this chapter.

6. A tour broker or tour operator may change the form of security that he or she has deposited with the Division. If the tour broker or tour operator changes the form of the security, the Commissioner may retain for not more than 1 year any portion of the security previously deposited by the tour broker or tour operator as security for claims arising during the time the previous security was in effect.

7. If the amount of the bond, letter of credit or certificate of deposit falls below the amount required by this section, the tour broker or tour operator shall, within 30 days, increase the amount of the bond, letter of credit or certificate of deposit to the amount required by this section.

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Nev. Rev. Stat. § 598.506. Rights and remedies of injured consumers; resolution by Division of claims against security; regulations. 1. The security required to be deposited by a tour broker or tour operator pursuant to NRS 598.495 must be held in trust for consumers injured by:

(a) The bankruptcy of the tour broker or tour operator; or

(b) The tour broker’s or tour operator’s breach of any agreement entered into in his or her capacity as a tour broker or tour operator.

2. A consumer so injured may bring and maintain an action in any court of competent jurisdiction to recover against the security.

3. The Division may bring an action for interpleader against all claimants upon the security. If the Division brings such an action, the Division shall publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county in which the tour broker or tour operator has its principal place of business. The Division may deduct its costs of the action, including, without limitation, the costs of the publication of the notice, from the amount of the security. All claims against the security have equal priority. If the security is insufficient to pay all the claims in full, the claims must be paid pro rata. If the tour broker or tour operator has posted a bond with the Division, the surety is then relieved of all liability under the bond.

4. The Division may, in lieu of bringing an action for interpleader pursuant to subsection 3, conduct a hearing to determine the distribution of the security to claimants. The Division shall adopt regulations to provide for adequate notice and the conduct of the hearing. If the tour broker or tour operator has posted a bond with the Division, distribution pursuant to this subsection relieves the surety of all liability under the bond.
Nev. Rev. Stat. § 598.506. Rights and remedies of injured consumers; resolution by Division of claims against security; regulations. 1. The security required to be deposited by a tour broker or tour operator pursuant to NRS 598.495 must be held in trust for consumers injured by:

(a) The bankruptcy of the tour broker or tour operator; or

(b) The tour broker’s or tour operator’s breach of any agreement entered into in his or her capacity as a tour broker or tour operator.

2. A consumer so injured may bring and maintain an action in any court of competent jurisdiction to recover against the security.

3. The Division may bring an action for interpleader against all claimants upon the security. If the Division brings such an action, the Division shall publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county in which the tour broker or tour operator has its principal place of business. The Division may deduct its costs of the action, including, without limitation, the costs of the publication of the notice, from the amount of the security. All claims against the security have equal priority. If the security is insufficient to pay all the claims in full, the claims must be paid pro rata. If the tour broker or tour operator has posted a bond with the Division, the surety is then relieved of all liability under the bond.

4. The Division may, in lieu of bringing an action for interpleader pursuant to subsection 3, conduct a hearing to determine the distribution of the security to claimants. The Division shall adopt regulations to provide for adequate notice and the conduct of the hearing. If the tour broker or tour operator has posted a bond with the Division, distribution pursuant to this subsection relieves the surety of all liability under the bond.

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Nev. Rev. Stat. § 598.515. Release of security if tour broker or tour operator ceases to operate. 1. If no claims have been filed against the security deposited with the Division pursuant to NRS 598.495 within 6 months after the tour broker or tour operator ceases to operate, the Commissioner shall release the security to the tour broker or tour operator and shall not audit any claims filed against the security thereafter by consumers.

2. If one or more claims have been filed against the security within 6 months after the tour broker or tour operator ceases to operate, the proceeds must not be released to the tour broker or tour operator or distributed to any consumer earlier than 1 year after the tour broker or tour operator ceases to operate.

3. For the purposes of this section, the Commissioner shall determine the date on which a tour broker or tour operator ceases to operate.
Nev. Rev. Stat. § 598.515. Release of security if tour broker or tour operator ceases to operate. 1. If no claims have been filed against the security deposited with the Division pursuant to NRS 598.495 within 6 months after the tour broker or tour operator ceases to operate, the Commissioner shall release the security to the tour broker or tour operator and shall not audit any claims filed against the security thereafter by consumers.

2. If one or more claims have been filed against the security within 6 months after the tour broker or tour operator ceases to operate, the proceeds must not be released to the tour broker or tour operator or distributed to any consumer earlier than 1 year after the tour broker or tour operator ceases to operate.

3. For the purposes of this section, the Commissioner shall determine the date on which a tour broker or tour operator ceases to operate.

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Nev. Rev. Stat. § 598.525. Regulations. The Commissioner may adopt such regulations as the Commissioner determines are necessary to carry out the intent of NRS 598.405 to 598.525, inclusive.Nev. Rev. Stat. § 598.525. Regulations. The Commissioner may adopt such regulations as the Commissioner determines are necessary to carry out the intent of NRS 598.405 to 598.525, inclusive.

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Nev. Rev. Stat. § 598.701. CREDIT SERVICE ORGANIZATIONS, ORGANIZATIONS FOR BUYING GOODS OR SERVICES AT DISCOUNT, DANCE STUDIOS AND HEALTH CLUBS - Definitions.As used in NRS 598.701 to 598.736, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.706, 598.711 and 598.716 have the meanings ascribed to them in those sections.Nev. Rev. Stat. § 598.701. CREDIT SERVICE ORGANIZATIONS, ORGANIZATIONS FOR BUYING GOODS OR SERVICES AT DISCOUNT, DANCE STUDIOS AND HEALTH CLUBS - Definitions.As used in NRS 598.701 to 598.736, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.706, 598.711 and 598.716 have the meanings ascribed to them in those sections.

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Nev. Rev. Stat. § 598.706. “Commissioner” defined. “Commissioner” means the Commissioner of Mortgage Lending of the Department of Business and Industry.Nev. Rev. Stat. § 598.706. “Commissioner” defined. “Commissioner” means the Commissioner of Mortgage Lending of the Department of Business and Industry.

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Nev. Rev. Stat. § 598.711. “Division” defined. “Division” means the Division of Mortgage Lending of the Department of Business and Industry.Nev. Rev. Stat. § 598.711. “Division” defined. “Division” means the Division of Mortgage Lending of the Department of Business and Industry.

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Nev. Rev. Stat. § 598.716. “Registrant” defined. “Registrant” means a credit service organization which is required to register and post security with the Division pursuant to the provisions of this chapter.Nev. Rev. Stat. § 598.716. “Registrant” defined. “Registrant” means a credit service organization which is required to register and post security with the Division pursuant to the provisions of this chapter.

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Nev. Rev. Stat. § 598.721. Registration: Application; fee; deposit of security; certificate of registration; renewal of certificate.1. Each credit service organization, organization for buying goods or services at a discount, dance studio and health club regulated by the provisions of this chapter shall apply for registration on the form prescribed by the division.

2. At the time of application for registration, the applicant must pay to the division an administrative fee of $25 and deposit the required security with the division.

3. Upon receipt of the security in the proper form and the payment of the administrative fee required by this section, the division shall issue a certificate of registration to the applicant. A certificate of registration:

(a) Is not transferable or assignable; and

(b) Expires 1 year after it is issued.

4. A registrant must renew a certificate of registration issued pursuant to this section before the certificate expires by submitting to the division an application for the renewal of the certificate on a form prescribed by the division.
Nev. Rev. Stat. § 598.721. Registration: Application; fee; deposit of security; certificate of registration; renewal of certificate.1. Each credit service organization regulated by the provisions of this chapter shall apply for registration on the form prescribed by the Division.

2. At the time of application for registration, the applicant must pay to the Division an administrative fee of $25 and deposit the required security with the Division.

3. Upon receipt of the security in the proper form and the payment of the administrative fee required by this section, the Division shall issue a certificate of registration to the applicant. A certificate of registration:

(a) Is not transferable or assignable; and

(b) Expires 1 year after it is issued.

4. A registrant must renew a certificate of registration issued pursuant to this section before the certificate expires by submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division.

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Nev. Rev. Stat. § 598.726. Security required for registration: Form; term; records; rejection for nonconformance; change in form; inadequate amount. 1. Each registrant shall deposit with the Division:

(a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this state;

(b) An irrevocable letter of credit for which the registrant is the obligor, issued by a bank whose deposits are federally insured; or

(c) A certificate of deposit in a financial institution which is doing business in this state and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the Commissioner, except that the interest may accrue to the registrant.

2. The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.

3. If the registrant deposits a bond, the registrant shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the Division during business hours. The registrant shall notify the Division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the Division.

4. The Commissioner may reject any bond, letter of credit or certificate of deposit which fails to conform to the requirements of this chapter.

5. A registrant may change the form of security which he or she has deposited with the Division. If the registrant changes the form of the security, the Commissioner may retain for not more than 1 year any portion of the security previously deposited by the registrant as security for claims arising during the time the previous security was in effect.

6. If the amount of the deposited security falls below the amount required by this chapter for that security, the registrant shall be deemed not to be registered as required by NRS 598.721 for the purposes of this chapter.
Nev. Rev. Stat. § 598.726. Security required for registration: Form; term; records; rejection for nonconformance; change in form; inadequate amount. 1. Each registrant shall deposit with the Division:

(a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this state;

(b) An irrevocable letter of credit for which the registrant is the obligor, issued by a bank whose deposits are federally insured; or

(c) A certificate of deposit in a financial institution which is doing business in this state and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the Commissioner, except that the interest may accrue to the registrant.

2. The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.

3. If the registrant deposits a bond, the registrant shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the Division during business hours. The registrant shall notify the Division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the Division.

4. The Commissioner may reject any bond, letter of credit or certificate of deposit which fails to conform to the requirements of this chapter.

5. A registrant may change the form of security which he or she has deposited with the Division. If the registrant changes the form of the security, the Commissioner may retain for not more than 1 year any portion of the security previously deposited by the registrant as security for claims arising during the time the previous security was in effect.

6. If the amount of the deposited security falls below the amount required by this chapter for that security, the registrant shall be deemed not to be registered as required by NRS 598.721 for the purposes of this chapter.

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Nev. Rev. Stat. § 598.731. Rights and remedies of injured consumers; resolution by Division of claims against security; regulations. 1. The security required to be deposited by a registrant pursuant to NRS 598.726 must be held in trust for consumers injured by the bankruptcy of the registrant or the registrant’s breach of any agreement entered into in his or her capacity as a registrant.

2. A consumer so injured may bring and maintain an action in any court of competent jurisdiction to recover against the security.

3. The Division may bring an action for interpleader against all claimants upon the security. If the Division brings such an action, the Division shall publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county in which the organization has its principal place of business. The Division may deduct its costs of the action, including the costs of the publication of the notice, from the amount of the security. All claims against the security have equal priority. If the security is insufficient to pay all the claims in full, the claims must be paid pro rata. If the registrant has posted a bond with the Division, the surety is then relieved of all liability under the bond.

4. The Division may, in lieu of bringing an action for interpleader pursuant to subsection 3, conduct a hearing to determine the distribution of the security to claimants. The Division shall adopt regulations to provide for adequate notice and the conduct of the hearing. If the registrant has posted a bond with the Division, distribution pursuant to this subsection relieves the surety of all liability under the bond.

5. If the security is sufficient to pay all claims against the security in full, the Division may deduct from the amount of the security, the cost of any investigation or hearing it conducted to determine the distribution of the security.
Nev. Rev. Stat. § 598.731. Rights and remedies of injured consumers; resolution by Division of claims against security; regulations. 1. The security required to be deposited by a registrant pursuant to NRS 598.726 must be held in trust for consumers injured by the bankruptcy of the registrant or the registrant’s breach of any agreement entered into in his or her capacity as a registrant.

2. A consumer so injured may bring and maintain an action in any court of competent jurisdiction to recover against the security.

3. The Division may bring an action for interpleader against all claimants upon the security. If the Division brings such an action, the Division shall publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county in which the organization has its principal place of business. The Division may deduct its costs of the action, including the costs of the publication of the notice, from the amount of the security. All claims against the security have equal priority. If the security is insufficient to pay all the claims in full, the claims must be paid pro rata. If the registrant has posted a bond with the Division, the surety is then relieved of all liability under the bond.

4. The Division may, in lieu of bringing an action for interpleader pursuant to subsection 3, conduct a hearing to determine the distribution of the security to claimants. The Division shall adopt regulations to provide for adequate notice and the conduct of the hearing. If the registrant has posted a bond with the Division, distribution pursuant to this subsection relieves the surety of all liability under the bond.

5. If the security is sufficient to pay all claims against the security in full, the Division may deduct from the amount of the security, the cost of any investigation or hearing it conducted to determine the distribution of the security.

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Nev. Rev. Stat. § 598.736. Release of security if registrant ceases to operate or registration expires. 1. If no claims have been filed against the security deposited with the Division pursuant to NRS 598.726 within 6 months after the registrant ceases to operate or his or her registration expires, whichever occurs later, the Commissioner shall release the security to the registrant and shall not audit any claims filed against the security thereafter by consumers.

2. If one or more claims have been filed against the security within 6 months after the registrant ceases to operate or his or her registration expires, whichever occurs later, the proceeds must not be released to the registrant or distributed to any consumer earlier than 1 year after the registrant ceases to operate or his or her registration expires, whichever occurs later.

3. For the purposes of this section, the Commissioner shall determine the date on which a registrant ceases to operate.
Nev. Rev. Stat. § 598.736. Release of security if registrant ceases to operate or registration expires. 1. If no claims have been filed against the security deposited with the Division pursuant to NRS 598.726 within 6 months after the registrant ceases to operate or his or her registration expires, whichever occurs later, the Commissioner shall release the security to the registrant and shall not audit any claims filed against the security thereafter by consumers.

2. If one or more claims have been filed against the security within 6 months after the registrant ceases to operate or his or her registration expires, whichever occurs later, the proceeds must not be released to the registrant or distributed to any consumer earlier than 1 year after the registrant ceases to operate or his or her registration expires, whichever occurs later.

3. For the purposes of this section, the Commissioner shall determine the date on which a registrant ceases to operate.

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Nev. Rev. Stat. § 598.741. Credit Service Organizations - Definitions. As used in NRS 598.741 to 598.787, inclusive, unless the context otherwise requires:

1. "Buyer" means a natural person who is solicited to purchase or who purchases the services of an organization which provides credit services.

2. "Commissioner" means the commissioner of consumer affairs.

3. "Division" means the consumer affairs division of the department of business and industry.

4. "Extension of credit" means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family or household purposes.

5. "Organization":

(a) Means a person who, with respect to the extension of credit by others, sells, provides or performs, or represents that he can or will sell, provide or perform, any of the following services, in return for the payment of money or other valuable consideration:

(1) Improving a buyer's credit record, history or rating.

(2) Obtaining an extension of credit for a buyer.

(3) Providing counseling or assistance to a person in establishing or effecting a plan for the payment of his indebtedness, unless that counseling or assistance is provided by and is within the scope of the authorized practice of a debt adjuster licensed pursuant to chapter 676 of NRS.

(4) Providing advice or assistance to a buyer with regard to subparagraph (1) or (2).

(b) Does not include:

(1) A person organized, chartered or holding a license or authorization certificate to make loans or extensions of credit pursuant to the laws of this state or the United States who is subject to regulation and supervision by an officer or agency of this state or the United States.

(2) A bank, credit union or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

(3) A person licensed as a real estate broker by this state where the person is acting within the course and scope of that license, unless the person is rendering those services in the course and scope of employment by or other affiliation with an organization.

(4) A person licensed to practice law in this state where the person renders services within the course and scope of his practice as an attorney at law, unless the person is rendering those services in the course and scope of employment by or other affiliation with an organization.

(5) A broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission where the broker-dealer is acting within the course and scope of such regulation.

(6) A person licensed as a debt adjuster pursuant to chapter 676 of NRS.

(7) A reporting agency.

6. "Reporting agency" means a person who, for fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating information regarding the credit of or other information regarding consumers to furnish consumer reports to third parties, regardless of the means or facility of commerce used to prepare or furnish the consumer reports. The term does not include:

(a) A person solely for the reason that he conveys a decision regarding whether to guarantee a check in response to a request by a third party;

(b) A person who obtains or creates a consumer report and provides the report or information contained in it to a subsidiary or affiliate; or

(c) A person licensed pursuant to chapter 463 of NRS.
Nev. Rev. Stat. § 598.741. Credit Service Organizations - Definitions. [Effective through June 30, 2010.]
As used in NRS 598.741 to 598.787, inclusive, unless the context otherwise requires:

1. “Buyer” means a natural person who is solicited to purchase or who purchases the services of an organization which provides credit services.

2. “Commissioner” means the Commissioner of Mortgage Lending.

3. “Division” means the Division of Mortgage Lending of the Department of Business and Industry.

4. “Extension of credit” means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family or household purposes.

5. “Organization”:

(a) Means a person who, with respect to the extension of credit by others, sells, provides or performs, or represents that he or she can or will sell, provide or perform, any of the following services, in return for the payment of money or other valuable consideration:

(1) Improving a buyer’s credit record, history or rating.

(2) Obtaining an extension of credit for a buyer.

(3) Providing counseling or assistance to a person in establishing or effecting a plan for the payment of his or her indebtedness, unless that counseling or assistance is provided by and is within the scope of the authorized practice of a debt adjuster licensed pursuant to chapter 676 of NRS.

(4) Providing advice or assistance to a buyer with regard to subparagraph (1) or (2).

(b) Does not include:

(1) A person organized, chartered or holding a license or authorization certificate to make loans or extensions of credit pursuant to the laws of this state or the United States who is subject to regulation and supervision by an officer or agency of this state or the United States.

(2) A bank, credit union or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

(3) A person licensed as a real estate broker by this state where the person is acting within the course and scope of that license, unless the person is rendering those services in the course and scope of employment by or other affiliation with an organization.

(4) A person licensed to practice law in this state where the person renders services within the course and scope of his or her practice as an attorney at law, unless the person is rendering those services in the course and scope of employment by or other affiliation with an organization.

(5) A broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission where the broker-dealer is acting within the course and scope of such regulation.

(6) A person licensed as a debt adjuster pursuant to chapter 676 of NRS.

(7) A reporting agency.

6. “Reporting agency” means a person who, for fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating information regarding the credit of or other information regarding consumers to furnish consumer reports to third parties, regardless of the means or facility of commerce used to prepare or furnish the consumer reports. The term does not include:

(a) A person solely for the reason that he or she conveys a decision regarding whether to guarantee a check in response to a request by a third party;

(b) A person who obtains or creates a consumer report and provides the report or information contained in it to a subsidiary or affiliate; or

(c) A person licensed pursuant to chapter 463 of NRS.

[Effective July 1, 2010.]
1. “Buyer” means a natural person who is solicited to purchase or who purchases the services of an organization which provides credit services.

2. “Commissioner” means the Commissioner of Mortgage Lending.

3. “Division” means the Division of Mortgage Lending of the Department of Business and Industry.

4. “Extension of credit” means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family or household purposes.

5. “Organization”:

(a) Means a person who, with respect to the extension of credit by others, sells, provides or performs, or represents that he or she can or will sell, provide or perform, any of the following services, in return for the payment of money or other valuable consideration:

(1) Improving a buyer’s credit record, history or rating.

(2) Obtaining an extension of credit for a buyer.

(3) Providing counseling or assistance to a person in establishing or effecting a plan for the payment of his or her indebtedness, unless that counseling or assistance is provided by and is within the scope of the authorized practice of a provider of debt-management services registered pursuant to chapter 676A of NRS.

(4) Providing advice or assistance to a buyer with regard to subparagraph (1) or (2).

(b) Does not include:

(1) A person organized, chartered or holding a license or authorization certificate to make loans or extensions of credit pursuant to the laws of this state or the United States who is subject to regulation and supervision by an officer or agency of this state or the United States.

(2) A bank, credit union or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

(3) A person licensed as a real estate broker by this state where the person is acting within the course and scope of that license, unless the person is rendering those services in the course and scope of employment by or other affiliation with an organization.

(4) A person licensed to practice law in this state where the person renders services within the course and scope of his or her practice as an attorney at law, unless the person is rendering those services in the course and scope of employment by or other affiliation with an organization.

(5) A broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission where the broker-dealer is acting within the course and scope of such regulation.

(6) A person registered as a provider of debt-management services pursuant to chapter 676A of NRS.

(7) A reporting agency.

6. “Reporting agency” means a person who, for fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating information regarding the credit of or other information regarding consumers to furnish consumer reports to third parties, regardless of the means or facility of commerce used to prepare or furnish the consumer reports. The term does not include:

(a) A person solely for the reason that he or she conveys a decision regarding whether to guarantee a check in response to a request by a third party;

(b) A person who obtains or creates a consumer report and provides the report or information contained in it to a subsidiary or affiliate; or

(c) A person licensed pursuant to chapter 463 of NRS.

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Nev. Rev. Stat. § 598.746. Prohibited acts: Receiving money before complete performance; receiving money for referral to provider of credit; misleading statements; other fraudulent or deceptive acts. An organization and its agents, employees and representatives who sell or attempt to sell the services of the organization, shall not:

1. Charge or receive any money or other valuable consideration before full and complete performance of the services the organization has agreed to perform for or on behalf of the buyer.

2. Charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit which is or will be extended to the buyer is upon substantially the same terms as those available to the general public.

3. Make, counsel or advise any buyer to make, any statement which is untrue or misleading and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, to a consumer credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer’s creditworthiness, credit standing or credit capacity.

4. Make or use any untrue or misleading representations in the offer or sale of the services of an organization. For the purposes of this subsection, a “misleading representation” includes a guarantee that:

(a) The organization is able to remove information that is adverse to the buyer’s ability to obtain credit from the buyer’s credit record, history or rating.

(b) The organization is able to obtain an extension of credit for the buyer regardless of the buyer’s existing credit record, history or rating.

5. Engage, directly or indirectly, in any act, practice or course of business which operates or would operate as a fraud or deception upon any person in connection with the offer or sale of the services of an organization.

6. Remove, or assist or advise the buyer to remove from the buyer’s credit record, history or rating, information that is adverse to the buyer’s ability to obtain credit if the information is accurate and not obsolete.

7. Create, or assist or advise the buyer to create a new credit record, history or rating by using a different name, address, social security number, employee identification number or other misleading information.

8. Attempt to transfer or assign the organization’s certificate of registration.

9. Submit a buyer’s dispute to a consumer credit reporting agency without the buyer’s knowledge.

10. Call, or authorize any other person who is not the buyer to call a consumer credit reporting agency and portray himself or herself as the buyer.
Nev. Rev. Stat. § 598.746. Prohibited acts: Receiving money before complete performance; receiving money for referral to provider of credit; misleading statements; other fraudulent or deceptive acts. An organization and its agents, employees and representatives who sell or attempt to sell the services of the organization, shall not:

1. Charge or receive any money or other valuable consideration before full and complete performance of the services the organization has agreed to perform for or on behalf of the buyer.

2. Charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit which is or will be extended to the buyer is upon substantially the same terms as those available to the general public.

3. Make, counsel or advise any buyer to make, any statement which is untrue or misleading and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, to a consumer credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer’s creditworthiness, credit standing or credit capacity.

4. Make or use any untrue or misleading representations in the offer or sale of the services of an organization. For the purposes of this subsection, a “misleading representation” includes a guarantee that:

(a) The organization is able to remove information that is adverse to the buyer’s ability to obtain credit from the buyer’s credit record, history or rating.

(b) The organization is able to obtain an extension of credit for the buyer regardless of the buyer’s existing credit record, history or rating.

5. Engage, directly or indirectly, in any act, practice or course of business which operates or would operate as a fraud or deception upon any person in connection with the offer or sale of the services of an organization.

6. Remove, or assist or advise the buyer to remove from the buyer’s credit record, history or rating, information that is adverse to the buyer’s ability to obtain credit if the information is accurate and not obsolete.

7. Create, or assist or advise the buyer to create a new credit record, history or rating by using a different name, address, social security number, employee identification number or other misleading information.

8. Attempt to transfer or assign the organization’s certificate of registration.

9. Submit a buyer’s dispute to a consumer credit reporting agency without the buyer’s knowledge.

10. Call, or authorize any other person who is not the buyer to call a consumer credit reporting agency and portray himself or herself as the buyer.

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Nev. Rev. Stat. § 598.752. Organization to register and deposit security before advertising services or conducting business in this State; separate security not required from salesperson, agent or representative of organization; regulations. 1. Before advertising its services or conducting business in this State, an organization must register pursuant to NRS 598.721 and deposit security in the amount of $100,000 with the Division pursuant to NRS 598.726. The security must be conditioned on compliance by the organization with the provisions of NRS 598.746 to 598.772, inclusive, and the terms of its contracts with buyers.

2. If an organization has deposited the required security, a salesperson, agent or representative of the organization who sells its services is not required to deposit his or her own separate security. For the purposes of this subsection, a person is a salesperson, agent or representative of an organization if:

(a) He or she does business under the same name as the organization; or

(b) The organization and the issuer of the security certify in writing that the security covers the salesperson, agent or representative.

3. The Division shall adopt such regulations as it deems necessary to carry out the provisions of this section.
Nev. Rev. Stat. § 598.752. Organization to register and deposit security before advertising services or conducting business in this State; separate security not required from salesperson, agent or representative of organization; regulations. 1. Before advertising its services or conducting business in this State, an organization must register pursuant to NRS 598.721 and deposit security in the amount of $100,000 with the Division pursuant to NRS 598.726. The security must be conditioned on compliance by the organization with the provisions of NRS 598.746 to 598.772, inclusive, and the terms of its contracts with buyers.

2. If an organization has deposited the required security, a salesperson, agent or representative of the organization who sells its services is not required to deposit his or her own separate security. For the purposes of this subsection, a person is a salesperson, agent or representative of an organization if:

(a) He or she does business under the same name as the organization; or

(b) The organization and the issuer of the security certify in writing that the security covers the salesperson, agent or representative.

3. The Division shall adopt such regulations as it deems necessary to carry out the provisions of this section.

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Nev. Rev. Stat. § 598.757. Organization to provide buyer certain information in writing.1. Before the execution of a contract between the buyer and an organization or before the receipt by the organization of any money or other valuable consideration, whichever occurs first, the organization must provide to the buyer, in writing:

(a) A statement:

(1) That the buyer has a right pursuant to 15 U.S.C. §§ 1681g and 1681h to receive disclosure of all information, except medical information, in any file on him or her maintained by a consumer credit reporting agency;

(2) That 15 U.S.C. § 1681j requires that this disclosure be made free to the buyer if he or she requests it within 30 days after receipt of notice of a denial of credit;

(3) Of the approximate cost to the buyer of receiving this disclosure when there has not been a denial of credit; and

(4) That the buyer has the right pursuant to 15 U.S.C. § 1681i to dispute the completeness or accuracy of any item contained in any file on him or her maintained by any consumer credit reporting agency.

(b) A detailed description of the services to be performed by the organization for the buyer and the total amount the buyer will become obligated to pay for the services.

(c) A statement that the buyer has a right to proceed against the security deposited with the Division by the organization under the circumstances and in the manner set forth in NRS 598.731 and 598.736. The statement provided pursuant to this paragraph must include the name and address of the issuer of the security.

(d) A statement that the buyer may cancel a contract for the services of an organization within 5 days after its execution by written notice mailed or delivered to the organization.

(e) A statement identifying the availability of any nonprofit association which provides services similar to those offered by the organization. The statement provided pursuant to this paragraph must include the association’s telephone number, including the association’s national toll-free telephone number, if any.

2. The written information provided pursuant to subsection 1 must be printed in at least 10-point bold type and must include the following statement or a similar statement approved by the Division:



RIGHTS OF CONSUMERS REGARDING CREDIT FILES

PURSUANT TO STATE AND FEDERAL LAW



You have the right to obtain a copy of your credit file from a consumer credit reporting agency. There is no fee if, within the past 30 days, you have been turned down for credit, employment or insurance because of information in your credit report. The consumer credit reporting agency is obligated to provide someone to help you interpret the information in your credit file.

You have a right to dispute inaccurate information by contacting the consumer credit reporting agency directly. However, neither you nor any credit service organization has the right to have accurate, current and verifiable information removed from your credit report. Generally, under the Fair Credit Reporting Act, the consumer credit reporting agency is obligated to remove accurate, negative information from your report only if it is more than 7 years old and bankruptcy information can be reported for 10 years. If you have notified a credit reporting agency that you dispute the accuracy of information in your credit file, the consumer credit reporting agency is obligated to make an investigation and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this service. Any relevant information and copies of all documents you have concerning the disputed information should be given to the consumer credit reporting agency. If the investigation does not resolve the dispute to your satisfaction, you may send a brief statement to the consumer credit reporting agency to keep in your credit file, explaining why you think the information in the credit file is inaccurate. The consumer credit reporting agency is obligated to include your statement or a summary of your statement about disputed information in any report it issues about you.



RIGHTS OF CONSUMERS REGARDING

CANCELLATION OF A CONTRACT



You have a right to give written notice of your intent to cancel a contract with a credit service organization for any reason within 5 working days from the date you signed it. If for any reason you do cancel a contract during this time, you do not owe any money. You have a right to sue a credit service organization if it misleads you.



3. The organization shall retain a copy of the written information it provides pursuant to the requirements of subsections 1 and 2 for not less than 2 years.
Nev. Rev. Stat. § 598.757. Organization to provide buyer certain information in writing.1. Before the execution of a contract between the buyer and an organization or before the receipt by the organization of any money or other valuable consideration, whichever occurs first, the organization must provide to the buyer, in writing:

(a) A statement:

(1) That the buyer has a right pursuant to 15 U.S.C. §§ 1681g and 1681h to receive disclosure of all information, except medical information, in any file on him or her maintained by a consumer credit reporting agency;

(2) That 15 U.S.C. § 1681j requires that this disclosure be made free to the buyer if he or she requests it within 30 days after receipt of notice of a denial of credit;

(3) Of the approximate cost to the buyer of receiving this disclosure when there has not been a denial of credit; and

(4) That the buyer has the right pursuant to 15 U.S.C. § 1681i to dispute the completeness or accuracy of any item contained in any file on him or her maintained by any consumer credit reporting agency.

(b) A detailed description of the services to be performed by the organization for the buyer and the total amount the buyer will become obligated to pay for the services.

(c) A statement that the buyer has a right to proceed against the security deposited with the Division by the organization under the circumstances and in the manner set forth in NRS 598.731 and 598.736. The statement provided pursuant to this paragraph must include the name and address of the issuer of the security.

(d) A statement that the buyer may cancel a contract for the services of an organization within 5 days after its execution by written notice mailed or delivered to the organization.

(e) A statement identifying the availability of any nonprofit association which provides services similar to those offered by the organization. The statement provided pursuant to this paragraph must include the association’s telephone number, including the association’s national toll-free telephone number, if any.

2. The written information provided pursuant to subsection 1 must be printed in at least 10-point bold type and must include the following statement or a similar statement approved by the Division:



RIGHTS OF CONSUMERS REGARDING CREDIT FILES

PURSUANT TO STATE AND FEDERAL LAW



You have the right to obtain a copy of your credit file from a consumer credit reporting agency. There is no fee if, within the past 30 days, you have been turned down for credit, employment or insurance because of information in your credit report. The consumer credit reporting agency is obligated to provide someone to help you interpret the information in your credit file.

You have a right to dispute inaccurate information by contacting the consumer credit reporting agency directly. However, neither you nor any credit service organization has the right to have accurate, current and verifiable information removed from your credit report. Generally, under the Fair Credit Reporting Act, the consumer credit reporting agency is obligated to remove accurate, negative information from your report only if it is more than 7 years old and bankruptcy information can be reported for 10 years. If you have notified a credit reporting agency that you dispute the accuracy of information in your credit file, the consumer credit reporting agency is obligated to make an investigation and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this service. Any relevant information and copies of all documents you have concerning the disputed information should be given to the consumer credit reporting agency. If the investigation does not resolve the dispute to your satisfaction, you may send a brief statement to the consumer credit reporting agency to keep in your credit file, explaining why you think the information in the credit file is inaccurate. The consumer credit reporting agency is obligated to include your statement or a summary of your statement about disputed information in any report it issues about you.



RIGHTS OF CONSUMERS REGARDING

CANCELLATION OF A CONTRACT



You have a right to give written notice of your intent to cancel a contract with a credit service organization for any reason within 5 working days from the date you signed it. If for any reason you do cancel a contract during this time, you do not owe any money. You have a right to sue a credit service organization if it misleads you.



3. The organization shall retain a copy of the written information it provides pursuant to the requirements of subsections 1 and 2 for not less than 2 years.

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Nev. Rev. Stat. § 598.762. Requirements of contract for purchase of services; copy of contract must be retained by organization. 1. A contract between a buyer and an organization for the purchase of the services of the organization:

(a) Must be in writing;

(b) Must be signed by the buyer;

(c) Must be dated; and

(d) Must clearly indicate above the signature line that the buyer may cancel the contract within 5 days after its execution by giving written notice to the organization of his or her intent to cancel the contract. If the notice is mailed, it must be postmarked not later than 5 days after the execution of the contract.

2. A copy of each contract executed by a buyer and an organization must be retained by the organization for not less than 2 years.
Nev. Rev. Stat. § 598.762. Requirements of contract for purchase of services; copy of contract must be retained by organization. 1. A contract between a buyer and an organization for the purchase of the services of the organization:

(a) Must be in writing;

(b) Must be signed by the buyer;

(c) Must be dated; and

(d) Must clearly indicate above the signature line that the buyer may cancel the contract within 5 days after its execution by giving written notice to the organization of his or her intent to cancel the contract. If the notice is mailed, it must be postmarked not later than 5 days after the execution of the contract.

2. A copy of each contract executed by a buyer and an organization must be retained by the organization for not less than 2 years.

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Nev. Rev. Stat. § 598.767. Organization to maintain registered agent for service of legal process. An organization shall file with the Division the information required pursuant to NRS 77.310 and continuously maintain a registered agent for service of legal process.Nev. Rev. Stat. § 598.767. Organization to maintain registered agent for service of legal process. An organization shall file with the Division the information required pursuant to NRS 77.310 and continuously maintain a registered agent for service of legal process.

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Nev. Rev. Stat. § 598.772. Waiver of statutory rights prohibited; burden of proof upon person claiming exemption or exception from definition. 1. Any waiver by a buyer of the provisions of NRS 598.746 to 598.777, inclusive, is contrary to public policy and is void and unenforceable. Any attempt by an organization to have a buyer waive rights given by NRS 598.746 to 598.777, inclusive, is unlawful.

2. In any proceeding involving NRS 598.741 to 598.787, inclusive, the burden of proving an exemption or an exception from a definition is upon the person claiming it.
Nev. Rev. Stat. § 598.772. Waiver of statutory rights prohibited; burden of proof upon person claiming exemption or exception from definition. 1. Any waiver by a buyer of the provisions of NRS 598.746 to 598.777, inclusive, is contrary to public policy and is void and unenforceable. Any attempt by an organization to have a buyer waive rights given by NRS 598.746 to 598.777, inclusive, is unlawful.

2. In any proceeding involving NRS 598.741 to 598.787, inclusive, the burden of proving an exemption or an exception from a definition is upon the person claiming it.

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Nev. Rev. Stat. § 598.777. Buyer’s action for recovery of damages or injunctive relief; attorney’s fees; punitive damages. A buyer injured by a violation of NRS 598.746 to 598.772, inclusive, or by a breach by an organization of a contract subject to those sections, may bring an action for recovery of damages, for injunctive relief or for both recovery of damages and injunctive relief. Judgment for damages must be entered for actual damages, but in no case less than the amount paid by the buyer to the organization, plus reasonable attorney’s fees and costs. If the court deems it proper, the court may award punitive damages.Nev. Rev. Stat. § 598.777. Buyer’s action for recovery of damages or injunctive relief; attorney’s fees; punitive damages. A buyer injured by a violation of NRS 598.746 to 598.772, inclusive, or by a breach by an organization of a contract subject to those sections, may bring an action for recovery of damages, for injunctive relief or for both recovery of damages and injunctive relief. Judgment for damages must be entered for actual damages, but in no case less than the amount paid by the buyer to the organization, plus reasonable attorney’s fees and costs. If the court deems it proper, the court may award punitive damages.

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Nev. Rev. Stat. § 598.782. Criminal penalty. 1. Except as otherwise provided in subsection 2, a person who violates any provision of NRS 598.746 to 598.772, inclusive, is guilty of a misdemeanor.

2. A person who breaches a contract subject to NRS 598.746 to 598.772, inclusive, is not guilty of a misdemeanor solely because of the breach.
Nev. Rev. Stat. § 598.782. Criminal penalty. 1. Except as otherwise provided in subsection 2, a person who violates any provision of NRS 598.746 to 598.772, inclusive, is guilty of a misdemeanor.

2. A person who breaches a contract subject to NRS 598.746 to 598.772, inclusive, is not guilty of a misdemeanor solely because of the breach.

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Nev. Rev. Stat. § 598.787. Provisions and remedies not exclusive; violation constitutes deceptive trade practice. 1. The provisions of NRS 598.746 to 598.777, inclusive, are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with any other applicable provision of law.

2. The remedies provided in NRS 598.772 and 598.777 for violation of any provision of NRS 598.746 to 598.772, inclusive, are in addition to any other procedures or remedies for any violation or conduct provided for in any other law.

3. Any violation of NRS 598.746 to 598.772, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
Nev. Rev. Stat. § 598.787. Provisions and remedies not exclusive; violation constitutes deceptive trade practice. 1. The provisions of NRS 598.746 to 598.777, inclusive, are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with any other applicable provision of law.

2. The remedies provided in NRS 598.772 and 598.777 for violation of any provision of NRS 598.746 to 598.772, inclusive, are in addition to any other procedures or remedies for any violation or conduct provided for in any other law.

3. Any violation of NRS 598.746 to 598.772, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

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Nev. Rev. Stat. § 598.840. Organizations for Buying Goods or Services at Discount - Definitions. As used in NRS 598.840 to 598.930, inclusive, unless the context otherwise requires:

1. "Affiliate organization" means an organization for buying goods or services at a discount that:

(a) Is a subsidiary of a parent business entity; or

(b) Operates under a franchise granted by a parent business entity.

2. "Business day" means any calendar day except Sunday, or the following business holidays: New Year's Day, Martin Luther King, Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans' Day, Thanksgiving Day and Christmas Day.

3. "Buyer" means a person who purchases by contract a membership in an organization for buying goods or services at a discount.

4. "Commissioner" means the Commissioner of the Consumer Affairs Division.

5. "Consumer Affairs Division" means the Consumer Affairs Division of the Department of Business and Industry.

6. "Franchise" has the meaning ascribed to it in 16 C.F.R. § 436.2, as amended or substituted in revision by the Federal Trade Commission.

7. "Organization for buying goods or services at a discount" or "organization" means a person who, for a consideration, provides or claims to provide a buyer with the ability to purchase goods or services at a price which is represented to be lower than the price generally charged in the area. The term includes, without limitation, an affiliate organization.

8. "Parent business entity" or "parent" means any business entity that, directly or indirectly, has owned, operated, controlled or granted franchises to, in any combination thereof, at least 15 organizations or affiliate organizations for a consecutive period of 5 years or more.

9. "Subsidiary" means an organization for buying goods or services at a discount that is owned, operated or controlled, either directly or indirectly or in whole or in part, by a parent business entity.
Nev. Rev. Stat. § 598.840. Organizations for Buying Goods or Services at Discount - Definitions. [Effective through June 30, 2011.]
As used in NRS 598.840 to 598.930, inclusive, unless the context otherwise requires:

1. “Affiliate organization” means an organization for buying goods or services at a discount that:

(a) Is a subsidiary of a parent business entity; or

(b) Operates under a franchise granted by a parent business entity.

2. “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans’ Day, Thanksgiving Day and Christmas Day.

3. “Buyer” means a person who purchases by contract a membership in an organization for buying goods or services at a discount.

4. “Franchise” has the meaning ascribed to it in 16 C.F.R. § 436.2, as amended or substituted in revision by the Federal Trade Commission.

5. “Organization for buying goods or services at a discount” or “organization” means a person who, for a consideration, provides or claims to provide a buyer with the ability to purchase goods or services at a price which is represented to be lower than the price generally charged in the area. The term includes, without limitation, an affiliate organization.

6. “Parent business entity” or “parent” means any business entity that, directly or indirectly, has owned, operated, controlled or granted franchises to, in any combination thereof, at least 15 organizations or affiliate organizations for a consecutive period of 5 years or more.

7. “Subsidiary” means an organization for buying goods or services at a discount that is owned, operated or controlled, either directly or indirectly or in whole or in part, by a parent business entity.

[Effective July 1, 2011.]
As used in NRS 598.840 to 598.930, inclusive, unless the context otherwise requires:

1. “Affiliate organization” means an organization for buying goods or services at a discount that:

(a) Is a subsidiary of a parent business entity; or

(b) Operates under a franchise granted by a parent business entity.

2. “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans’ Day, Thanksgiving Day and Christmas Day.

3. “Buyer” means a person who purchases by contract a membership in an organization for buying goods or services at a discount.

4. “Commissioner” means the Commissioner of the Consumer Affairs Division.

5. “Division” means the Consumer Affairs Division of the Department of Business and Industry.

6. “Franchise” has the meaning ascribed to it in 16 C.F.R. § 436.2, as amended or substituted in revision by the Federal Trade Commission.

7. “Organization for buying goods or services at a discount” or “organization” means a person who, for a consideration, provides or claims to provide a buyer with the ability to purchase goods or services at a price which is represented to be lower than the price generally charged in the area. The term includes, without limitation, an affiliate organization.

8. “Parent business entity” or “parent” means any business entity that, directly or indirectly, has owned, operated, controlled or granted franchises to, in any combination thereof, at least 15 organizations or affiliate organizations for a consecutive period of 5 years or more.

9. “Registrant” means an organization for buying goods or services at a discount which is required to register and post security with the Division pursuant to the provisions of NRS 598.840 to 598.930, inclusive.

10. “Subsidiary” means an organization for buying goods or services at a discount that is owned, operated or controlled, either directly or indirectly or in whole or in part, by a parent business entity.

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Nev. Rev. Stat. § 598.845. Scope. An organization in which:

1. The consideration for the contract for membership is $50 or less or is an annual fee of $25 or less; or

2. Providing goods or services at a discount is not the primary purpose of the organization but is incidental to membership in the organization,

Ê is not subject to the provisions of NRS 598.840 to 598.930, inclusive.
Nev. Rev. Stat. § 598.845. Scope. [Effective July 1, 2011.]An organization in which:

1. The consideration for the contract for membership is $50 or less or is an annual fee of $25 or less; or

2. Providing goods or services at a discount is not the primary purpose of the organization but is incidental to membership in the organization,

Ê is not subject to the provisions of NRS 598.840 to 598.930, inclusive.

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Nev. Rev. Stat. § 598.851. Organization to register and post security before advertising services or conducting business in this State. Before advertising its services or conducting business in this State, an organization for buying goods or services at a discount must register pursuant to NRS 598.721 and post security in the amount of $50,000 with the Consumer Affairs Division pursuant to NRS 598.726. The security must be conditioned on compliance by the organization with the provisions of NRS 598.840 to 598.930, inclusive, the terms of the buyer’s contract for membership in the organization and the terms of any contract with the buyer for the purchase of goods or services.Nev. Rev. Stat. § 598.851. Organization to register and post security before advertising services or conducting business in this State. [Effective July 1, 2011.]Before advertising its services or conducting business in this State, an organization for buying goods or services at a discount must register pursuant to NRS 598.721 and post security in the amount of $50,000 with the Consumer Affairs Division pursuant to NRS 598.726. The security must be conditioned on compliance by the organization with the provisions of NRS 598.840 to 598.930, inclusive, the terms of the buyer’s contract for membership in the organization and the terms of any contract with the buyer for the purchase of goods or services.

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Nev. Rev. Stat. § 598.852. Organization to register on prescribed form and pay fee; certificate of registration; renewal of certificate. [Effective July 1, 2011.] 1. Each organization for buying goods or services at a discount regulated by the provisions of NRS 598.840 to 598.930, inclusive, shall apply for registration on the form prescribed by the Division.

2. At the time of application for registration, the applicant must pay to the Division an administrative fee of $25 and deposit the required security with the Division.

3. Upon receipt of the security in the proper form and the payment of the administrative fee required by this section, the Division shall issue a certificate of registration to the applicant. A certificate of registration:

(a) Is not transferable or assignable; and

(b) Expires 1 year after it is issued.

4. A registrant must renew a certificate of registration issued pursuant to this section before the certificate expires by submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division.

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Nev. Rev. Stat. § 598.853. Security required for registration: Form; term; records; rejection for nonconformance; change in form; inadequate amount. [Effective July 1, 2011.] 1. Each registrant shall deposit with the Division:

(a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this State;

(b) An irrevocable letter of credit for which the registrant is the obligor, issued by a bank whose deposits are federally insured; or

(c) A certificate of deposit in a financial institution which is doing business in this State and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the Commissioner, except that the interest may accrue to the registrant.

2. The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.

3. If the registrant deposits a bond, the registrant shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the Division during business hours. The registrant shall notify the Division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the Division.

4. The Commissioner may reject any bond, letter of credit or certificate of deposit which fails to conform to the requirements of NRS 598.840 to 598.930, inclusive.

5. A registrant may change the form of security which he or she has deposited with the Division. If the registrant changes the form of the security, the Commissioner may retain for not more than 1 year any portion of the security previously deposited by the registrant as security for claims arising during the time the previous security was in effect.

6. If the amount of the deposited security falls below the amount required by NRS 598.840 to 598.930, inclusive, for that security, the registrant shall be deemed not to be registered as required by NRS 598.852 for the purposes of NRS 598.840 to 598.930, inclusive.

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Nev. Rev. Stat. § 598.854. Rights and remedies of injured consumers; resolution by Division of claims against security; regulations. [Effective July 1, 2011.] 1. The security required to be deposited by a registrant pursuant to NRS 598.853 must be held in trust for consumers injured by the bankruptcy of the registrant or the registrant’s breach of any agreement entered into in his or her capacity as a registrant.

2. A consumer so injured may bring and maintain an action in any court of competent jurisdiction to recover against the security.

3. The Division may bring an action for interpleader against all claimants upon the security. If the Division brings such an action, the Division shall publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county in which the organization has its principal place of business. The Division may deduct its costs of the action, including the costs of the publication of the notice, from the amount of the security. All claims against the security have equal priority. If the security is insufficient to pay all the claims in full, the claims must be paid pro rata. If the registrant has posted a bond with the Division, the surety is then relieved of all liability under the bond.

4. The Division may, in lieu of bringing an action for interpleader pursuant to subsection 3, conduct a hearing to determine the distribution of the security to claimants. The Division shall adopt regulations to provide for adequate notice and the conduct of the hearing. If the registrant has posted a bond with the Division, distribution pursuant to this subsection relieves the surety of all liability under the bond.

5. If the security is sufficient to pay all claims against the security in full, the Division may deduct from the amount of the security, the cost of any investigation or hearing it conducted to determine the distribution of the security.

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Nev. Rev. Stat. § 598.8541. Release of security if registrant ceases to operate or registration expires. [Effective July 1, 2011.] 1. If no claims have been filed against the security deposited with the Division pursuant to NRS 598.853 within 6 months after the registrant ceases to operate or his or her registration expires, whichever occurs later, the Commissioner shall release the security to the registrant and shall not audit any claims filed against the security thereafter by consumers.

2. If one or more claims have been filed against the security within 6 months after the registrant ceases to operate or his or her registration expires, whichever occurs later, the proceeds must not be released to the registrant or distributed to any consumer earlier than 1 year after the registrant ceases to operate or his or her registration expires, whichever occurs later.

3. For the purposes of this section, the Commissioner shall determine the date on which a registrant ceases to operate.

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Nev. Rev. Stat. § 598.855. Trust account required for payments on contracts. 1. Before the organization receives any money from any buyer pursuant to a contract for membership in the organization, it shall establish a trust account for payments on contracts at a financial institution that is federally insured or insured by a private insurer approved pursuant to NRS 678.755. Each payment from a buyer for his or her contract for membership, except for $50 of the first payment, must be deposited in the trust account.

2. Except as otherwise provided in subsection 3, during each quarter of the term of a buyer’s contract or each 6 months, whichever period is shorter, the trustee shall withdraw one-quarter of the buyer’s payments under the contract from the trust account and pay the amount to the organization.

3. If an affiliate organization obtains the express consent of its parent and the parent posts the security required by subsection 4, the affiliate organization may:

(a) Authorize the parent to serve as the trustee pursuant to NRS 598.865 for the trust accounts required by this section and NRS 598.860; and

(b) Authorize the trustee to make the following withdrawals from the trust account required by this section:

(1) During the first quarter of the term of a buyer’s contract or the first 6 months, whichever period is shorter, the trustee shall withdraw not more than one-half of the buyer’s payments under the contract from the trust account and pay the amount to the affiliate organization; and

(2) During the second quarter of the term of the buyer’s contract or the second 6 months, whichever period is shorter, the trustee shall withdraw the remaining balance of the buyer’s payments under the contract from the trust account and pay the amount to the affiliate organization.

4. Before a trustee may withdraw money from a trust account pursuant to subsection 3, the parent must post security in the amount of $250,000 with the Consumer Affairs Division pursuant to NRS 598.726. The security posted by the parent:

(a) Provides coverage for all of the parent’s affiliate organizations that are authorized to act pursuant to subsection 3;

(b) Must be conditioned on compliance by such an affiliate organization with the provisions of NRS 598.840 to 598.930, inclusive, the terms of the buyer’s contract for membership in the affiliate organization and the terms of any contract with the buyer for the purchase of goods or services; and

(c) May be used to pay a claim against such an affiliate organization only if the security posted by the affiliate organization pursuant to NRS 598.851 has been exhausted.

5. If the organization sells, transfers or assigns the contract with the buyer to a third party, and the third party gives reasonable consideration for the contract, the organization shall deposit the consideration in the trust account. If the third party does not give reasonable consideration for the contract, the organization shall deposit all payments on the contract from the buyer in the organization’s trust account for payments on the contract.
Nev. Rev. Stat. § 598.855. Trust account required for payments on contracts. 1. Before the organization receives any money from any buyer pursuant to a contract for membership in the organization, it shall establish a trust account for payments on contracts at a financial institution that is federally insured or insured by a private insurer approved pursuant to NRS 678.755. Each payment from a buyer for his or her contract for membership, except for $50 of the first payment, must be deposited in the trust account.

2. Except as otherwise provided in subsection 3, during each quarter of the term of a buyer’s contract or each 6 months, whichever period is shorter, the trustee shall withdraw one-quarter of the buyer’s payments under the contract from the trust account and pay the amount to the organization.

3. If an affiliate organization obtains the express consent of its parent and the parent posts the security required by subsection 4, the affiliate organization may:

(a) Authorize the parent to serve as the trustee pursuant to NRS 598.865 for the trust accounts required by this section and NRS 598.860; and

(b) Authorize the trustee to make the following withdrawals from the trust account required by this section:

(1) During the first quarter of the term of a buyer’s contract or the first 6 months, whichever period is shorter, the trustee shall withdraw not more than one-half of the buyer’s payments under the contract from the trust account and pay the amount to the affiliate organization; and

(2) During the second quarter of the term of the buyer’s contract or the second 6 months, whichever period is shorter, the trustee shall withdraw the remaining balance of the buyer’s payments under the contract from the trust account and pay the amount to the affiliate organization.

4. Before a trustee may withdraw money from a trust account pursuant to subsection 3, the parent must post security in the amount of $250,000 with the Consumer Affairs Division pursuant to NRS 598.726. The security posted by the parent:

(a) Provides coverage for all of the parent’s affiliate organizations that are authorized to act pursuant to subsection 3;

(b) Must be conditioned on compliance by such an affiliate organization with the provisions of NRS 598.840 to 598.930, inclusive, the terms of the buyer’s contract for membership in the affiliate organization and the terms of any contract with the buyer for the purchase of goods or services; and

(c) May be used to pay a claim against such an affiliate organization only if the security posted by the affiliate organization pursuant to NRS 598.851 has been exhausted.

5. If the organization sells, transfers or assigns the contract with the buyer to a third party, and the third party gives reasonable consideration for the contract, the organization shall deposit the consideration in the trust account. If the third party does not give reasonable consideration for the contract, the organization shall deposit all payments on the contract from the buyer in the organization’s trust account for payments on the contract.

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Nev. Rev. Stat. § 598.860. Trust account required for payments on goods and services. 1. Before the organization accepts money from any buyer for an order of goods or services, it shall establish a trust account for the deposit of payments on goods or services. The organization shall deposit all money received from each buyer for goods or services, including charges for freight, delivery, installation or taxes or other charges, unless the total cost is $50 or less in the trust account. The trust account must be for the benefit of buyers who order goods or services from the organization.

2. The trustee may withdraw money from the trust account for payments on goods or services to pay the source of the goods or services ordered by the buyer, or to make a refund to the buyer. After such withdrawal, the trustee may withdraw that percentage of the remainder of the deposit from the buyer which represents the organization’s profit.
Nev. Rev. Stat. § 598.860. Trust account required for payments on goods and services. 1. Before the organization accepts money from any buyer for an order of goods or services, it shall establish a trust account for the deposit of payments on goods or services. The organization shall deposit all money received from each buyer for goods or services, including charges for freight, delivery, installation or taxes or other charges, unless the total cost is $50 or less in the trust account. The trust account must be for the benefit of buyers who order goods or services from the organization.

2. The trustee may withdraw money from the trust account for payments on goods or services to pay the source of the goods or services ordered by the buyer, or to make a refund to the buyer. After such withdrawal, the trustee may withdraw that percentage of the remainder of the deposit from the buyer which represents the organization’s profit.

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Nev. Rev. Stat. § 598.865. Administration of trust accounts; audits.1. Except as otherwise provided in subsection 3 of NRS 598.855, the trust accounts required by NRS 598.855 and 598.860 must be administered by an independent trustee approved by the Commissioner. All fees charged by the trustee to administer a trust account must be paid by the organization.

2. The trustee shall withdraw money from the trust account for payments on goods or services only upon written proof from the source of the goods or services that the items have been shipped or delivered to the buyer. The Commissioner may audit the trustee as necessary to ensure compliance with NRS 598.840 to 598.930, inclusive.
Nev. Rev. Stat. § 598.865. Administration of trust accounts; audits. 1. Except as otherwise provided in subsection 3 of NRS 598.855, the trust accounts required by NRS 598.855 and 598.860 must be administered by an independent trustee approved by the Commissioner. All fees charged by the trustee to administer a trust account must be paid by the organization.

2. The trustee shall withdraw money from the trust account for payments on goods or services only upon written proof from the source of the goods or services that the items have been shipped or delivered to the buyer. The Commissioner may audit the trustee as necessary to ensure compliance with NRS 598.840 to 598.930, inclusive.

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Nev. Rev. Stat. § 598.870. Disclosure of information to buyer required before buyer signs contract or application for membership. Each organization, before the prospective buyer signs a contract or application for membership in the organization, shall give to the buyer in writing:

1. A description of the exact nature of the services it provides, specifying the general categories of goods which are available at the organization’s place of business or warehouse, those categories of goods which must be ordered or obtained through stores to which the organization refers the buyer and those categories of goods which must be ordered or obtained through the mail.

2. A list, current within 60 days immediately preceding the signing of the contract, of at least 100 items which are sold by or through the organization or available to a buyer, identified by the name of the brand, model and total price including a reasonable estimate of charges for freight, delivery and installation, the organization’s markup and a reasonable estimate of any other charges the organization imposes. The items must be reasonably representative of the type of goods available. In lieu of providing such a list, the organization shall give to the buyer, in writing, a list of at least 100 items which were purchased by its members through the discount buying organization during the preceding 60 days. The list must identify the items by the name of the brand, model and total selling price including charges for freight, delivery and installation, the organization’s markup, and any other charges imposed by the discount buying organization, and must be representative as to the type of goods sold and the prices charged for the goods listed as sold during that period. If the number of different items available through an organization is less than 100, it may furnish a list of the total items available, containing the same information as the previous lists, with a statement that those are the only goods available. Any list required by this subsection must state the date on which it was prepared.

3. A statement of the organization’s policy with respect to warranties or guarantees on goods ordered, and the policy with respect to the return of ordered goods, cancellation of orders by the buyer and refunds for cancellation or return.

4. A description of any charges, such as charges for freight, delivery and installation, the seller’s markup and any other charges which are incidental to the purchase of goods and which are to be paid by the buyer. A disclosure of specific costs must also be made on each order placed through the organization.

5. A statement whether any stockholder, director, officer, general or limited partner of the discount buying organization:

(a) Has been convicted of a felony or misdemeanor or pleaded nolo contendere to a felony or misdemeanor charge, if it involved fraud, embezzlement, misappropriation of property or a violation of NRS 598.840 to 598.930, inclusive;

(b) Has been held liable in a civil action by final judgment or consented to the entry of a stipulated judgment if the civil action alleged fraud, embezzlement, misappropriation of property, a violation of NRS 598.840 to 598.930, inclusive, the use of untrue or misleading representations in an attempt to sell or dispose of real or personal property, or the use of unfair, unlawful or deceptive business practices; or

(c) Is subject to a currently effective injunction or restrictive order relating to any business activity as the result of an action brought by a governmental agency, and including the name of the court, the date of the order or injunction and the name of the governmental agency that filed the action.
Nev. Rev. Stat. § 598.870. Disclosure of information to buyer required before buyer signs contract or application for membership. Each organization, before the prospective buyer signs a contract or application for membership in the organization, shall give to the buyer in writing:

1. A description of the exact nature of the services it provides, specifying the general categories of goods which are available at the organization’s place of business or warehouse, those categories of goods which must be ordered or obtained through stores to which the organization refers the buyer and those categories of goods which must be ordered or obtained through the mail.

2. A list, current within 60 days immediately preceding the signing of the contract, of at least 100 items which are sold by or through the organization or available to a buyer, identified by the name of the brand, model and total price including a reasonable estimate of charges for freight, delivery and installation, the organization’s markup and a reasonable estimate of any other charges the organization imposes. The items must be reasonably representative of the type of goods available. In lieu of providing such a list, the organization shall give to the buyer, in writing, a list of at least 100 items which were purchased by its members through the discount buying organization during the preceding 60 days. The list must identify the items by the name of the brand, model and total selling price including charges for freight, delivery and installation, the organization’s markup, and any other charges imposed by the discount buying organization, and must be representative as to the type of goods sold and the prices charged for the goods listed as sold during that period. If the number of different items available through an organization is less than 100, it may furnish a list of the total items available, containing the same information as the previous lists, with a statement that those are the only goods available. Any list required by this subsection must state the date on which it was prepared.

3. A statement of the organization’s policy with respect to warranties or guarantees on goods ordered, and the policy with respect to the return of ordered goods, cancellation of orders by the buyer and refunds for cancellation or return.

4. A description of any charges, such as charges for freight, delivery and installation, the seller’s markup and any other charges which are incidental to the purchase of goods and which are to be paid by the buyer. A disclosure of specific costs must also be made on each order placed through the organization.

5. A statement whether any stockholder, director, officer, general or limited partner of the discount buying organization:

(a) Has been convicted of a felony or misdemeanor or pleaded nolo contendere to a felony or misdemeanor charge, if it involved fraud, embezzlement, misappropriation of property or a violation of NRS 598.840 to 598.930, inclusive;

(b) Has been held liable in a civil action by final judgment or consented to the entry of a stipulated judgment if the civil action alleged fraud, embezzlement, misappropriation of property, a violation of NRS 598.840 to 598.930, inclusive, the use of untrue or misleading representations in an attempt to sell or dispose of real or personal property, or the use of unfair, unlawful or deceptive business practices; or

(c) Is subject to a currently effective injunction or restrictive order relating to any business activity as the result of an action brought by a governmental agency, and including the name of the court, the date of the order or injunction and the name of the governmental agency that filed the action.

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Nev. Rev. Stat. § 598.875. Requirements for contracts for membership. Each contract for membership in an organization must:

1. Be in writing, legible and have all spaces filled in before the buyer signs it;

2. Be in the language in which the sales presentation was given;

3. Contain the addresses of the buyer and the organization;

4. Be given to the buyer when he signs it;

5. Disclose that the security required by NRS 598.726, 598.851 and, if applicable, NRS 598.855 has been obtained and deposited with the Consumer Affairs Division;

6. Specify the term of the membership of the buyer, which may not be measured by the buyer's life;

7. Clearly specify the buyer's right to cancel the contract pursuant to NRS 598.885;

8. Clearly specify the buyer's right to rescind the contract and to be given a refund pro rata pursuant to NRS 598.910 and the conditions and limitations on that right;

9. Clearly specify the buyer's right to a refund on the purchase of goods pursuant to NRS 598.895 and the conditions and limitations on that right; and

10. Clearly specify whether or not the buyer is given any other rights to a refund on the purchase of goods or services and, if so, any conditions and limitations on those rights.
Nev. Rev. Stat. § 598.875. Requirements for contracts for membership. [Effective through June 30, 2011.]
Each contract for membership in an organization must:

1. Be in writing, legible and have all spaces filled in before the buyer signs it;

2. Be in the language in which the sales presentation was given;

3. Contain the addresses of the buyer and the organization;

4. Be given to the buyer when he or she signs it;

5. Specify the term of the membership of the buyer, which may not be measured by the buyer’s life;

6. Clearly specify the buyer’s right to cancel the contract pursuant to NRS 598.885;

7. Clearly specify the buyer’s right to rescind the contract and to be given a refund pro rata pursuant to NRS 598.910 and the conditions and limitations on that right;

8. Clearly specify the buyer’s right to a refund on the purchase of goods pursuant to NRS 598.895 and the conditions and limitations on that right; and

9. Clearly specify whether or not the buyer is given any other rights to a refund on the purchase of goods or services and, if so, any conditions and limitations on those rights.

[Effective July 1, 2011.]
Each contract for membership in an organization must:

1. Be in writing, legible and have all spaces filled in before the buyer signs it;

2. Be in the language in which the sales presentation was given;

3. Contain the addresses of the buyer and the organization;

4. Be given to the buyer when he or she signs it;

5. Disclose that the security required by NRS 598.726, 598.851 and, if applicable, NRS 598.855 has been obtained and deposited with the Consumer Affairs Division;

6. Specify the term of the membership of the buyer, which may not be measured by the buyer’s life;

7. Clearly specify the buyer’s right to cancel the contract pursuant to NRS 598.885;

8. Clearly specify the buyer’s right to rescind the contract and to be given a refund pro rata pursuant to NRS 598.910 and the conditions and limitations on that right;

9. Clearly specify the buyer’s right to a refund on the purchase of goods pursuant to NRS 598.895 and the conditions and limitations on that right; and

10. Clearly specify whether or not the buyer is given any other rights to a refund on the purchase of goods or services and, if so, any conditions and limitations on those rights.

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Nev. Rev. Stat. § 598.880. Limits on contracts for membership.A contract for membership in an organization must not:

1. Require payments or financing by the buyer for more than 2 years from the date the contract was executed; or

2. Deny a third party the right to assert a cause of action or defense which the buyer has against the organization.
Nev. Rev. Stat. § 598.880. Limits on contracts for membership.A contract for membership in an organization must not:

1. Require payments or financing by the buyer for more than 2 years from the date the contract was executed; or

2. Deny a third party the right to assert a cause of action or defense which the buyer has against the organization.

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Nev. Rev. Stat. § 598.885. Cancellation of contract by buyer; notice required. The buyer may cancel a contract for membership in an organization by giving the organization written notice of the cancellation within 3 business days after he or she receives a copy of the contract. The notice must be delivered in person or by mail postmarked by midnight of the third business day. The organization shall return all money paid by the buyer within 15 days after it receives the notice of cancellation.Nev. Rev. Stat. § 598.885. Cancellation of contract by buyer; notice required. The buyer may cancel a contract for membership in an organization by giving the organization written notice of the cancellation within 3 business days after he or she receives a copy of the contract. The notice must be delivered in person or by mail postmarked by midnight of the third business day. The organization shall return all money paid by the buyer within 15 days after it receives the notice of cancellation.

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Nev. Rev. Stat. § 598.890. Membership of buyer effective 7 days after contract signed. The membership of the buyer in an organization becomes effective 7 days after the contract for membership is signed.Nev. Rev. Stat. § 598.890. Membership of buyer effective 7 days after contract signed. The membership of the buyer in an organization becomes effective 7 days after the contract for membership is signed.

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Nev. Rev. Stat. § 598.895. Refund required, if requested, for goods not delivered within 6 weeks. If any goods ordered by the buyer are not delivered to the buyer or available for pickup by the buyer at a location within his or her county of residence within 6 weeks after he or she places the order for the goods or by a date agreed upon at the time of the order, any money paid by the buyer for the goods must, at his or her request, be refunded.Nev. Rev. Stat. § 598.895. Refund required, if requested, for goods not delivered within 6 weeks. If any goods ordered by the buyer are not delivered to the buyer or available for pickup by the buyer at a location within his or her county of residence within 6 weeks after he or she places the order for the goods or by a date agreed upon at the time of the order, any money paid by the buyer for the goods must, at his or her request, be refunded.

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Nev. Rev. Stat. § 598.900. Untrue or misleading statements by organization prohibited; effect on contract. An organization shall not make any untrue or misleading representations to the buyer or in its advertising. A contract for membership in an organization where any untrue or misleading representation was made to the buyer or the buyer was made aware of the untrue or misleading representation is void and unenforceable by the organization.Nev. Rev. Stat. § 598.900. Untrue or misleading statements by organization prohibited; effect on contract. An organization shall not make any untrue or misleading representations to the buyer or in its advertising. A contract for membership in an organization where any untrue or misleading representation was made to the buyer or the buyer was made aware of the untrue or misleading representation is void and unenforceable by the organization.

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Nev. Rev. Stat. § 598.905. Correction of violations. If an organization does not comply with the provisions of NRS 598.840 to 598.895, inclusive, or 598.905 to 598.930, inclusive, the buyer may agree in writing, after a full disclosure, to any correction of the defect if the correction is made within 30 days after he or she signs the contract for membership in the organization. If the buyer does not consent, or if the correction is not made within the 30-day period, the contract is rescinded, and the buyer must be given a full refund.Nev. Rev. Stat. § 598.905. Correction of violations. If an organization does not comply with the provisions of NRS 598.840 to 598.895, inclusive, or 598.905 to 598.930, inclusive, the buyer may agree in writing, after a full disclosure, to any correction of the defect if the correction is made within 30 days after he or she signs the contract for membership in the organization. If the buyer does not consent, or if the correction is not made within the 30-day period, the contract is rescinded, and the buyer must be given a full refund.

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Nev. Rev. Stat. § 598.910. Effect of transfer by organization of its obligation to provide goods or services; circumstances under which buyer may rescind contract.1. If an organization transfers its obligation to provide goods or services to a buyer to another organization which provides substantially fewer goods or services, the buyer may consent to the transfer in writing after a full disclosure to him or her of the goods and services to be provided by the new organization. If a buyer does not consent, his or her contract is rescinded, and he or she must be given a refund pro rata based on the amount of time he or she was a member of the organization.

2. The buyer may rescind the contract and the organization shall give him or her a refund pro rata based on the amount of time he or she was a member of the organization if any of the following circumstances occur:

(a) Except as otherwise provided in this paragraph, the organization moves its place of business which is geographically closest to the buyer’s residence, as indicated in the contract, more than 20 miles farther from the buyer’s residence than it was when the contract for membership was signed. The provisions of this paragraph do not apply if:

(1) The organization offers the buyer a substantially equivalent at-home ordering service through at least one other generally available channel of communication, including, without limitation, the Internet;

(2) The at-home ordering service offers the same categories of goods and services provided by the organization at the time the organization moves its place of business; and

(3) Any goods ordered by the buyer through the at-home ordering service are shipped, at the election of the buyer, to either the buyer’s residence, as indicated in the contract, or a freight receiver within 20 miles of that residence.

(b) Within 6 months after the contract for membership was signed, the organization stops providing any category of goods or services represented to the buyer to be available when he or she signed the contract.
Nev. Rev. Stat. § 598.910. Effect of transfer by organization of its obligation to provide goods or services; circumstances under which buyer may rescind contract.1. If an organization transfers its obligation to provide goods or services to a buyer to another organization which provides substantially fewer goods or services, the buyer may consent to the transfer in writing after a full disclosure to him or her of the goods and services to be provided by the new organization. If a buyer does not consent, his or her contract is rescinded, and he or she must be given a refund pro rata based on the amount of time he or she was a member of the organization.

2. The buyer may rescind the contract and the organization shall give him or her a refund pro rata based on the amount of time he or she was a member of the organization if any of the following circumstances occur:

(a) Except as otherwise provided in this paragraph, the organization moves its place of business which is geographically closest to the buyer’s residence, as indicated in the contract, more than 20 miles farther from the buyer’s residence than it was when the contract for membership was signed. The provisions of this paragraph do not apply if:

(1) The organization offers the buyer a substantially equivalent at-home ordering service through at least one other generally available channel of communication, including, without limitation, the Internet;

(2) The at-home ordering service offers the same categories of goods and services provided by the organization at the time the organization moves its place of business; and

(3) Any goods ordered by the buyer through the at-home ordering service are shipped, at the election of the buyer, to either the buyer’s residence, as indicated in the contract, or a freight receiver within 20 miles of that residence.

(b) Within 6 months after the contract for membership was signed, the organization stops providing any category of goods or services represented to the buyer to be available when he or she signed the contract.

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Nev. Rev. Stat. § 598.915. Waiver of statutory rights is void. Any waiver by the buyer of the provisions of NRS 598.840 to 598.930, inclusive, is contrary to public policy and void.Nev. Rev. Stat. § 598.915. Waiver of statutory rights is void. Any waiver by the buyer of the provisions of NRS 598.840 to 598.930, inclusive, is contrary to public policy and void.

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Nev. Rev. Stat. § 598.920. Actions against organization; restitution, treble damages, attorney’s fees and costs may be awarded.1. A cause of action or a defense of a buyer against the organization is not extinguished by the transfer, assignment or sale of the contract for membership in the organization to a third party.

2. In an action by a buyer against an organization for violation of the provisions of NRS 598.840 to 598.930, inclusive, the court may award restitution, treble damages, reasonable attorney’s fees and costs. If the course of action was based on a violation of NRS 598.900, the court may award the buyer $1,000, reasonable attorney’s fees and costs, or restitution, treble damages, reasonable attorney’s fees and costs, whichever is greater.
Nev. Rev. Stat. § 598.920. Actions against organization; restitution, treble damages, attorney’s fees and costs may be awarded.1. A cause of action or a defense of a buyer against the organization is not extinguished by the transfer, assignment or sale of the contract for membership in the organization to a third party.

2. In an action by a buyer against an organization for violation of the provisions of NRS 598.840 to 598.930, inclusive, the court may award restitution, treble damages, reasonable attorney’s fees and costs. If the course of action was based on a violation of NRS 598.900, the court may award the buyer $1,000, reasonable attorney’s fees and costs, or restitution, treble damages, reasonable attorney’s fees and costs, whichever is greater.

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Nev. Rev. Stat. § 598.930. Remedies not exclusive; violation constitutes deceptive trade practice. 1. The remedies, duties and prohibitions of NRS 598.840 to 598.930, inclusive, are not exclusive and are in addition to any other remedies provided by law.

2. Any violation of NRS 598.851 to 598.900, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
Nev. Rev. Stat. § 598.930. Remedies not exclusive; violation constitutes deceptive trade practice.
1. The remedies, duties and prohibitions of NRS 598.840 to 598.930, inclusive, are not exclusive and are in addition to any other remedies provided by law.

2. Any violation of NRS 598.870 to 598.900, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

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Nev. Rev. Stat. § 598.940. Dance Studios and Health Clubs - Definitions. As used in NRS 598.940 to 598.966, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.9403 to 598.9418, inclusive, have the meanings ascribed to them in those sections.Nev. Rev. Stat. § 598.940. Dance Studios and Health Clubs - Definitions. As used in NRS 598.940 to 598.966, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.9403 to 598.9418, inclusive, have the meanings ascribed to them in those sections.

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Nev. Rev. Stat. § 598.9403. “Business day” defined. “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans’ Day, Thanksgiving Day and Christmas Day.Nev. Rev. Stat. § 598.9403. “Business day” defined. “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans’ Day, Thanksgiving Day and Christmas Day.

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Nev. Rev. Stat. § 598.9405. “Buyer” defined. “Buyer” means any person who purchases by contract dance lessons, the use of facilities or other services from a dance studio or health club.Nev. Rev. Stat. § 598.9405. “Buyer” defined. “Buyer” means any person who purchases by contract dance lessons, the use of facilities or other services from a dance studio or health club.

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Nev. Rev. Stat. § 598.9407. “Commissioner” defined. “Commissioner” means the Commissioner of the Division.Nev. Rev. Stat. § 598.9407. “Commissioner” defined. “Commissioner” means the Commissioner of the Division.

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Nev. Rev. Stat. § 598.941. “Dance studio” defined. “Dance studio” means any enterprise that offers instruction in ballroom or other types of dancing, including lessons or other services, except:

1. A nonprofit public or private school, college or university;

2. The State or any political subdivision; or

3. A nonprofit religious or ethnic organization or a nonprofit organization for the benefit of the community or its members.
Nev. Rev. Stat. § 598.941. “Dance studio” defined. “Dance studio” means any enterprise that offers instruction in ballroom or other types of dancing, including lessons or other services, except:

1. A nonprofit public or private school, college or university;

2. The State or any political subdivision; or

3. A nonprofit religious or ethnic organization or a nonprofit organization for the benefit of the community or its members.

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Nev. Rev. Stat. § 598.9413. “Division” defined. “Division” means the Consumer Affairs Division of the Department of Business and Industry.Nev. Rev. Stat. § 598.9413. “Division” defined. “Division” means the Consumer Affairs Division of the Department of Business and Industry.

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Nev. Rev. Stat. § 598.9415. “Health club” defined.“Health club” means any enterprise which offers the use of its facilities for the maintenance or development of physical fitness or the control of weight, except:

1. A nonprofit public or private school, college or university;

2. The State or any political subdivision; or

3. A nonprofit religious or ethnic organization or a nonprofit organization for the benefit of the community or its members.
Nev. Rev. Stat. § 598.9415. “Health club” defined.“Health club” means any enterprise which offers the use of its facilities for the maintenance or development of physical fitness or the control of weight, except:

1. A nonprofit public or private school, college or university;

2. The State or any political subdivision; or

3. A nonprofit religious or ethnic organization or a nonprofit organization for the benefit of the community or its members.

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Nev. Rev. Stat. § 598.9417. “Pre-sale” defined. “Pre-sale” means the sale of dance lessons, the use of facilities or other services by a dance studio or health club before all amenities, facilities or benefits identified in the contract or sales presentation are available to the buyer.Nev. Rev. Stat. § 598.9417. “Pre-sale” defined. “Pre-sale” means the sale of dance lessons, the use of facilities or other services by a dance studio or health club before all amenities, facilities or benefits identified in the contract or sales presentation are available to the buyer.

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Nev. Rev. Stat. § 598.9418. “Registrant” defined. [Effective July 1, 2011.] “Registrant” means a dance studio or a health club which is required to register and post security with the Division pursuant to the provisions of NRS 598.940 to 598.966, inclusive.

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Nev. Rev. Stat. § 598.942. Scope. The provisions of NRS 598.940 to 598.966, inclusive, apply to contracts for dance lessons, the use of facilities or other services from a dance studio or health club only if the membership is intended for use by the buyer or for the buyer and the members of his or her family and:

1. The buyer purchases or becomes obligated to purchase the dance lessons, use of facilities or other services for more than 3 months and the dance studio or health club requires the payment of any fee or dues more than 3 months in advance;

2. The dance studio or health club requires the payment of a fee for initiation or membership in an amount greater than $75; or

3. The dance studio or health club accepts from a buyer more than $100 at any one time for dance lessons, the use of facilities or other services.
Nev. Rev. Stat. § 598.942. Scope. The provisions of NRS 598.940 to 598.966, inclusive, apply to contracts for dance lessons, the use of facilities or other services from a dance studio or health club only if the membership is intended for use by the buyer or for the buyer and the members of his or her family and:

1. The buyer purchases or becomes obligated to purchase the dance lessons, use of facilities or other services for more than 3 months and the dance studio or health club requires the payment of any fee or dues more than 3 months in advance;

2. The dance studio or health club requires the payment of a fee for initiation or membership in an amount greater than $75; or

3. The dance studio or health club accepts from a buyer more than $100 at any one time for dance lessons, the use of facilities or other services.

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Nev. Rev. Stat. § 598.944. Registration of dance studio or health club required. 1. Each owner of a dance studio or health club shall register with the Division pursuant to NRS 598.721, listing the full name and address of the studio or club and any other description of its facilities or activities the Division requires.

2. At least one member of the governing body of the dance studio or health club must live in the county where the studio or club is located. He or she is the agent of the studio or club and its owner for receipt of process served.
Nev. Rev. Stat. § 598.944. Registration of dance studio or health club required. 1. Each owner of a dance studio or health club shall register with the Division pursuant to NRS 598.721, listing the full name and address of the studio or club and any other description of its facilities or activities the Division requires.

2. At least one member of the governing body of the dance studio or health club must live in the county where the studio or club is located. He or she is the agent of the studio or club and its owner for receipt of process served.

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Nev. Rev. Stat. § 598.946. Owner of dance studio or health club to register and deposit security before advertising services or conducting business in this State: Amount of security; adjustment of security; exception from requirement to deposit security. 1. Except as otherwise provided in subsection 5, before advertising its services or conducting business in this State, the owner of a dance studio or a health club must register pursuant to NRS 598.721 and 598.944 and deposit security with the Division pursuant to NRS 598.726. The security must:

(a) Be conditioned on compliance by the owner with the provisions of NRS 598.940 to 598.966, inclusive, and the terms of the contract with a buyer; and

(b) Remain on deposit with the Division until the release of the security is authorized or required pursuant to NRS 598.736, except that the dance studio or health club may change the form of the security as provided in NRS 598.726.

2. Except as otherwise provided in subsection 3, the amount of the security to be deposited must be:

(a) Ten thousand dollars, if the dance studio or health club has less than 400 members;

(b) Fifteen thousand dollars, if the dance studio or health club has 400 members or more but less than 800 members;

(c) Twenty thousand dollars, if the dance studio or health club has 800 members or more but less than 1,200 members;

(d) Twenty-five thousand dollars, if the dance studio or health club has 1,200 members or more but less than 1,500 members;

(e) Thirty-five thousand dollars, if the dance studio or health club has 1,500 members or more but less than 4,000 members;

(f) Fifty thousand dollars, if the dance studio or health club has 4,000 members or more but less than 25,000 members; and

(g) Two hundred and fifty thousand dollars, if the dance studio or health club has 25,000 or more members.

3. If a dance studio or health club conducts any pre-sale of dance lessons, the use of facilities or other services, the amount of the security required by this section is $100,000 unless a greater amount is required pursuant to paragraph (g) of subsection 2.

4. A dance studio or health club shall report to the Division on a quarterly basis the size of its membership and shall, on the basis of any change in the size of that membership, adjust accordingly the amount of the security deposited with the Division.

5. If, on October 1, 2001, a dance studio or health club has not deposited security with the Division pursuant to NRS 598.726 because it was not required to do so pursuant to this section, the dance studio or health club:

(a) Is not required to deposit security with the Division pursuant to NRS 598.726; and

(b) Shall obtain a written acknowledgment from each member and prominently post a notice on its premises stating that no security for refunds or reimbursement has been deposited with the State of Nevada.
Nev. Rev. Stat. § 598.946. Owner of dance studio or health club to register and deposit security before advertising services or conducting business in this State: Amount of security; adjustment of security; exception from requirement to deposit security.1. Except as otherwise provided in subsection 5, before advertising its services or conducting business in this State, the owner of a dance studio or a health club must register pursuant to NRS 598.721 and 598.944 and deposit security with the Division pursuant to NRS 598.726. The security must:

(a) Be conditioned on compliance by the owner with the provisions of NRS 598.940 to 598.966, inclusive, and the terms of the contract with a buyer; and

(b) Remain on deposit with the Division until the release of the security is authorized or required pursuant to NRS 598.736, except that the dance studio or health club may change the form of the security as provided in NRS 598.726.

2. Except as otherwise provided in subsection 3, the amount of the security to be deposited must be:

(a) Ten thousand dollars, if the dance studio or health club has less than 400 members;

(b) Fifteen thousand dollars, if the dance studio or health club has 400 members or more but less than 800 members;

(c) Twenty thousand dollars, if the dance studio or health club has 800 members or more but less than 1,200 members;

(d) Twenty-five thousand dollars, if the dance studio or health club has 1,200 members or more but less than 1,500 members;

(e) Thirty-five thousand dollars, if the dance studio or health club has 1,500 members or more but less than 4,000 members;

(f) Fifty thousand dollars, if the dance studio or health club has 4,000 members or more but less than 25,000 members; and

(g) Two hundred and fifty thousand dollars, if the dance studio or health club has 25,000 or more members.

3. If a dance studio or health club conducts any pre-sale of dance lessons, the use of facilities or other services, the amount of the security required by this section is $100,000 unless a greater amount is required pursuant to paragraph (g) of subsection 2.

4. A dance studio or health club shall report to the Division on a quarterly basis the size of its membership and shall, on the basis of any change in the size of that membership, adjust accordingly the amount of the security deposited with the Division.

5. If, on October 1, 2001, a dance studio or health club has not deposited security with the Division pursuant to NRS 598.726 because it was not required to do so pursuant to this section, the dance studio or health club:

(a) Is not required to deposit security with the Division pursuant to NRS 598.726; and

(b) Shall obtain a written acknowledgment from each member and prominently post a notice on its premises stating that no security for refunds or reimbursement has been deposited with the State of Nevada.

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Nev. Rev. Stat. § 598.947. Dance studio or health club to register on prescribed form and pay fee; certificate of registration; renewal of certificate. [Effective July 1, 2011.]1. Each dance studio and health club regulated by the provisions of NRS 598.940 to 598.966, inclusive, shall apply for registration on the form prescribed by the Division.

2. At the time of application for registration, the applicant must pay to the Division an administrative fee of $25 and deposit the required security with the Division.

3. Upon receipt of the security in the proper form and the payment of the administrative fee required by this section, the Division shall issue a certificate of registration to the applicant. A certificate of registration:

(a) Is not transferable or assignable; and

(b) Expires 1 year after it is issued.

4. A registrant must renew a certificate of registration issued pursuant to this section before the certificate expires by submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division.

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Nev. Rev. Stat. § 598.9472. Security required for registration: Form; term; records; rejection for nonconformance; change in form; inadequate amount. [Effective July 1, 2011.] 1. Each registrant shall deposit with the Division:

(a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this State;

(b) An irrevocable letter of credit for which the registrant is the obligor, issued by a bank whose deposits are federally insured; or

(c) A certificate of deposit in a financial institution which is doing business in this State and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the Commissioner, except that the interest may accrue to the registrant.

2. The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.

3. If the registrant deposits a bond, the registrant shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the Division during business hours. The registrant shall notify the Division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the Division.

4. The Commissioner may reject any bond, letter of credit or certificate of deposit which fails to conform to the requirements of NRS 598.940 to 598.966, inclusive.

5. A registrant may change the form of security which he or she has deposited with the Division. If the registrant changes the form of the security, the Commissioner may retain for not more than 1 year any portion of the security previously deposited by the registrant as security for claims arising during the time the previous security was in effect.

6. If the amount of the deposited security falls below the amount required by this chapter for that security, the registrant shall be deemed not to be registered as required by NRS 598.947 for the purposes of NRS 598.940 to 598.966, inclusive.

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Nev. Rev. Stat. § 598.9474. Rights and remedies of injured consumers; resolution by Division of claims against security; regulations. [Effective July 1, 2011.]1. The security required to be deposited by a registrant pursuant to NRS 598.9472 must be held in trust for consumers injured by the bankruptcy of the registrant or the registrant’s breach of any agreement entered into in his or her capacity as a registrant.

2. A consumer so injured may bring and maintain an action in any court of competent jurisdiction to recover against the security.

3. The Division may bring an action for interpleader against all claimants upon the security. If the Division brings such an action, the Division shall publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county in which the organization has its principal place of business. The Division may deduct its costs of the action, including the costs of the publication of the notice, from the amount of the security. All claims against the security have equal priority. If the security is insufficient to pay all the claims in full, the claims must be paid pro rata. If the registrant has posted a bond with the Division, the surety is then relieved of all liability under the bond.

4. The Division may, in lieu of bringing an action for interpleader pursuant to subsection 3, conduct a hearing to determine the distribution of the security to claimants. The Division shall adopt regulations to provide for adequate notice and the conduct of the hearing. If the registrant has posted a bond with the Division, distribution pursuant to this subsection relieves the surety of all liability under the bond.

5. If the security is sufficient to pay all claims against the security in full, the Division may deduct from the amount of the security, the cost of any investigation or hearing it conducted to determine the distribution of the security.

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Nev. Rev. Stat. § 598.9476. Release of security if registrant ceases to operate or registration expires. [Effective July 1, 2011.]1. If no claims have been filed against the security deposited with the Division pursuant to NRS 598.9472 within 6 months after the registrant ceases to operate or his or her registration expires, whichever occurs later, the Commissioner shall release the security to the registrant and shall not audit any claims filed against the security thereafter by consumers.

2. If one or more claims have been filed against the security within 6 months after the registrant ceases to operate or his or her registration expires, whichever occurs later, the proceeds must not be released to the registrant or distributed to any consumer earlier than 1 year after the registrant ceases to operate or his or her registration expires, whichever occurs later.

3. For the purposes of this section, the Commissioner shall determine the date on which a registrant ceases to operate.

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Nev. Rev. Stat. § 598.948. Requirements for contract between buyer and dance studio or health club. Each contract between the buyer and the dance studio or health club must:

1. Be in writing, legible and have all spaces filled in before the buyer signs it;

2. Be in the language in which the sales presentation was given;

3. Contain the addresses of the buyer and the studio or club;

4. Be given to the buyer when he signs it;

5. Disclose whether security has been obtained and deposited with the division pursuant to NRS 598.726;

6. Specify the term of membership of the buyer, which must not be measured by the life of the buyer;

7. Clearly specify the right of the buyer to cancel the contract pursuant to NRS 598.950;

8. Not contain a clause by which the contract is automatically renewed; and

9. Specify the number of lessons and the cost of each lesson, if the contract is for dance lessons.
Nev. Rev. Stat. § 598.948. Requirements for contract between buyer and dance studio or health club. [Effective through June 30, 2011.]
Each contract between the buyer and the dance studio or health club must:

1. Be in writing, legible and have all spaces filled in before the buyer signs it;

2. Be in the language in which the sales presentation was given;

3. Contain the addresses of the buyer and the studio or club;

4. Be given to the buyer when he or she signs it;

5. Specify the term of membership of the buyer, which must not be measured by the life of the buyer;

6. Clearly specify the right of the buyer to cancel the contract pursuant to NRS 598.950;

7. Not contain a clause by which the contract is automatically renewed; and

8. Specify the number of lessons and the cost of each lesson, if the contract is for dance lessons.

[Effective July 1, 2011.]
Each contract between the buyer and the dance studio or health club must:

1. Be in writing, legible and have all spaces filled in before the buyer signs it;

2. Be in the language in which the sales presentation was given;

3. Contain the addresses of the buyer and the studio or club;

4. Be given to the buyer when he or she signs it;

5. Disclose whether security has been obtained and deposited with the Division pursuant to NRS 598.726;

6. Specify the term of membership of the buyer, which must not be measured by the life of the buyer;

7. Clearly specify the right of the buyer to cancel the contract pursuant to NRS 598.950;

8. Not contain a clause by which the contract is automatically renewed; and

9. Specify the number of lessons and the cost of each lesson, if the contract is for dance lessons.

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Nev. Rev. Stat. § 598.950. Cancellation of contract by buyer; notice required. A buyer may cancel a contract for dance lessons, the use of facilities or other services from a dance studio or health club within 3 business days after he or she receives a copy of the contract by notifying the studio or club in writing. The notice must be delivered in person or by mail postmarked by midnight of the third business day. The studio or club shall return all money paid by the buyer within 15 days after it receives the notice of cancellation.Nev. Rev. Stat. § 598.950. Cancellation of contract by buyer; notice required. A buyer may cancel a contract for dance lessons, the use of facilities or other services from a dance studio or health club within 3 business days after he or she receives a copy of the contract by notifying the studio or club in writing. The notice must be delivered in person or by mail postmarked by midnight of the third business day. The studio or club shall return all money paid by the buyer within 15 days after it receives the notice of cancellation.

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Nev. Rev. Stat. § 598.952. False or misleading representations by dance studio or health club prohibited; effect on contract. A dance studio or health club shall not make any false or misleading representation to the buyer or in its advertising. A contract for services from a dance studio or health club is void and unenforceable if any false or misleading representation was made to the buyer.Nev. Rev. Stat. § 598.952. False or misleading representations by dance studio or health club prohibited; effect on contract. A dance studio or health club shall not make any false or misleading representation to the buyer or in its advertising. A contract for services from a dance studio or health club is void and unenforceable if any false or misleading representation was made to the buyer.

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Nev. Rev. Stat. § 598.954. Rights of buyer who becomes disabled during term of contract. If a buyer becomes disabled during the term of a contract, and a physician confirms in writing to the dance studio or health club that:

1. The buyer is not physically able to use the facilities of the studio or club; and

2. The disability will continue for more than 3 months,

Ê the buyer is entitled to suspend the contract for the duration of the disability. After he or she recovers, he or she is entitled to an extension of the contract for a period equal to the time of the disability. If he or she is permanently disabled, he or she may cancel the contract and receive a refund pro rata of the amount paid pursuant to it.
Nev. Rev. Stat. § 598.954. Rights of buyer who becomes disabled during term of contract. If a buyer becomes disabled during the term of a contract, and a physician confirms in writing to the dance studio or health club that:

1. The buyer is not physically able to use the facilities of the studio or club; and

2. The disability will continue for more than 3 months,

Ê the buyer is entitled to suspend the contract for the duration of the disability. After he or she recovers, he or she is entitled to an extension of the contract for a period equal to the time of the disability. If he or she is permanently disabled, he or she may cancel the contract and receive a refund pro rata of the amount paid pursuant to it.

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Nev. Rev. Stat. § 598.956. Rights of buyer upon closure of dance studio or health club; election of remedies. 1. If a dance studio or health club is closed for more than 1 month, through no fault of the buyer, he or she is entitled to:

(a) Extend the contract for a period equal to the time the studio or club is closed; or

(b) Receive a refund pro rata of the amount paid pursuant to the contract.

2. If the dance studio or health club is closed without fault of its owner or management, the election of remedies under subsection 1 must be made by the studio or club. If the studio or club is closed because of the fault of its owner or management, the election must be made by the buyer.
Nev. Rev. Stat. § 598.956. Rights of buyer upon closure of dance studio or health club; election of remedies. 1. If a dance studio or health club is closed for more than 1 month, through no fault of the buyer, he or she is entitled to:

(a) Extend the contract for a period equal to the time the studio or club is closed; or

(b) Receive a refund pro rata of the amount paid pursuant to the contract.

2. If the dance studio or health club is closed without fault of its owner or management, the election of remedies under subsection 1 must be made by the studio or club. If the studio or club is closed because of the fault of its owner or management, the election must be made by the buyer.

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Nev. Rev. Stat. § 598.958. Rights of buyer when dance studio or health club transfers its obligations or moves its place of business. 1. If a dance studio or health club transfers its obligations to provide goods or services to a buyer to another studio or club that provides substantially fewer goods or services, the buyer may consent to the transfer in writing after a full disclosure of the goods and services provided by the new studio or club. If the buyer does not consent, his or her contract is rescinded and he or she must be given a refund pro rata upon the amount of time he or she was a member of the dance studio or health club.

2. If a dance studio or health club moves its place of business that is geographically closest to the residence of the buyer as set forth in the contract, more than 20 miles farther away from the residence of the buyer than it was when the contract for services was signed, the buyer may rescind the contract and the dance studio or health club shall provide a refund pro rata based upon the amount of time he or she was a member.
Nev. Rev. Stat. § 598.958. Rights of buyer when dance studio or health club transfers its obligations or moves its place of business. 1. If a dance studio or health club transfers its obligations to provide goods or services to a buyer to another studio or club that provides substantially fewer goods or services, the buyer may consent to the transfer in writing after a full disclosure of the goods and services provided by the new studio or club. If the buyer does not consent, his or her contract is rescinded and he or she must be given a refund pro rata upon the amount of time he or she was a member of the dance studio or health club.

2. If a dance studio or health club moves its place of business that is geographically closest to the residence of the buyer as set forth in the contract, more than 20 miles farther away from the residence of the buyer than it was when the contract for services was signed, the buyer may rescind the contract and the dance studio or health club shall provide a refund pro rata based upon the amount of time he or she was a member.

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Nev. Rev. Stat. § 598.960. Correction of violations. If a dance studio or health club does not comply with the provisions of NRS 598.940 to 598.950, inclusive, or 598.954 to 598.966, inclusive, the buyer may agree in writing, after a full disclosure, to any correction of the defect if the correction is made within 30 days after he or she signs a contract for dance lessons, the use of facilities or other services. If the buyer does not consent, or if the correction is not made within the 30-day period, the contract is rescinded and the buyer must be given a full refund.Nev. Rev. Stat. § 598.960. Correction of violations. If a dance studio or health club does not comply with the provisions of NRS 598.940 to 598.950, inclusive, or 598.954 to 598.966, inclusive, the buyer may agree in writing, after a full disclosure, to any correction of the defect if the correction is made within 30 days after he or she signs a contract for dance lessons, the use of facilities or other services. If the buyer does not consent, or if the correction is not made within the 30-day period, the contract is rescinded and the buyer must be given a full refund.

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Nev. Rev. Stat. § 598.962. Waiver of provisions is void. Any waiver by the buyer of the provisions of NRS 598.940 to 598.966, inclusive, is contrary to public policy and void.Nev. Rev. Stat. § 598.962. Waiver of provisions is void. Any waiver by the buyer of the provisions of NRS 598.940 to 598.966, inclusive, is contrary to public policy and void.

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Nev. Rev. Stat. § 598.966. Remedies, duties and prohibitions not exclusive; violation constitutes deceptive trade practice. 1. The remedies, duties and prohibitions of NRS 598.940 to 598.966, inclusive, are not exclusive and are in addition to any other remedies provided by law.

2. Any violation of NRS 598.944 to 598.958, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
Nev. Rev. Stat. § 598.966. Remedies, duties and prohibitions not exclusive; violation constitutes deceptive trade practice. 1. The remedies, duties and prohibitions of NRS 598.940 to 598.966, inclusive, are not exclusive and are in addition to any other remedies provided by law.

2. Any violation of NRS 598.948 to 598.958, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

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Nev. Rev. Stat. § 598.968. PROVISION OF TELECOMMUNICATION SERVICES - Definitions.As used in NRS 598.968 to 598.9694, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.9682 and 598.9684 have the meanings ascribed to them in those sections.Nev. Rev. Stat. § 598.968. PROVISION OF TELECOMMUNICATION SERVICES - Definitions.As used in NRS 598.968 to 598.9694, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.9682 and 598.9684 have the meanings ascribed to them in those sections.

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Nev. Rev. Stat. § 598.9682. “Provider” defined.“Provider” means:

1. A telecommunication provider as defined in NRS 704.027;

2. An agent, employee, independent contractor or representative of such a telecommunication provider; or

3. A person who originates a charge for a telecommunication service and directly or indirectly bills a customer for the charge.
Nev. Rev. Stat. § 598.9682. “Provider” defined.“Provider” means:

1. A telecommunication provider as defined in NRS 704.027;

2. An agent, employee, independent contractor or representative of such a telecommunication provider; or

3. A person who originates a charge for a telecommunication service and directly or indirectly bills a customer for the charge.

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Nev. Rev. Stat. § 598.9684. “Telecommunication service” defined. “Telecommunication service” has the meaning ascribed to it in NRS 704.028.Nev. Rev. Stat. § 598.9684. “Telecommunication service” defined. “Telecommunication service” has the meaning ascribed to it in NRS 704.028.

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Nev. Rev. Stat. § 598.969. Prohibited acts: Changing a customer’s carrier without timely authorization; failure to provide timely written notices and confirmations; engaging in other fraudulent or deceptive acts; proposing contract to waive or authorize violations of the protections of this section. A provider shall not:

1. Make a statement or representation regarding the provision of a telecommunication service, including, without limitation, a statement regarding the rates, terms or conditions of a telecommunication service, that:

(a) Is false, misleading or deceptive; or

(b) Fails to include material information which makes the statement or representation false, misleading or deceptive.

2. Misrepresent his or her identity.

3. Falsely state to a person that the person has subscribed or authorized a subscription to or has received a telecommunication service.

4. Omit, when explaining the terms and conditions of a subscription to a telecommunication service, a material fact concerning the subscription.

5. Fail to provide a customer with timely written notice containing:

(a) A clear and detailed description relating directly to the services for which the customer is being billed and the amount the customer is being charged for each service;

(b) All terms and conditions relating directly to the services provided; and

(c) The name, address and telephone number of the provider.

6. Fail to honor, within a reasonable period, a request of a customer to cancel a telecommunication service pursuant to the terms and conditions for the service.

7. Bill a customer for a telecommunication service after the customer has cancelled the telecommunication service pursuant to the terms and conditions of the service.

8. Bill a customer for services that the provider knows the customer has not authorized, unless the service is required to be provided by law. The failure of a customer to refuse a proposal from a provider does not constitute specific authorization.

9. Change a customer’s subscription to a local exchange carrier or an interexchange carrier unless:

(a) The customer has authorized the change within the 30 days immediately preceding the date of the change; and

(b) The provider complies with the provisions of 47 U.S.C. § 258, as amended, and the verification procedures set forth in 47 C.F.R. part 64, subpart K, as amended.

10. Fail to provide to a customer who has authorized the provider to change his or her subscription to a local exchange carrier or an interexchange carrier a written confirmation of the change within 30 days after the date of the change.

11. Propose or enter into a contract with a person that purports to:

(a) Waive the protection afforded to the person by any provision of this section; or

(b) Authorize the provider or an agent, employee, independent contractor or representative of the provider to violate any provision of this section.
Nev. Rev. Stat. § 598.969. Prohibited acts: Changing a customer’s carrier without timely authorization; failure to provide timely written notices and confirmations; engaging in other fraudulent or deceptive acts; proposing contract to waive or authorize violations of the protections of this section. A provider shall not:

1. Make a statement or representation regarding the provision of a telecommunication service, including, without limitation, a statement regarding the rates, terms or conditions of a telecommunication service, that:

(a) Is false, misleading or deceptive; or

(b) Fails to include material information which makes the statement or representation false, misleading or deceptive.

2. Misrepresent his or her identity.

3. Falsely state to a person that the person has subscribed or authorized a subscription to or has received a telecommunication service.

4. Omit, when explaining the terms and conditions of a subscription to a telecommunication service, a material fact concerning the subscription.

5. Fail to provide a customer with timely written notice containing:

(a) A clear and detailed description relating directly to the services for which the customer is being billed and the amount the customer is being charged for each service;

(b) All terms and conditions relating directly to the services provided; and

(c) The name, address and telephone number of the provider.

6. Fail to honor, within a reasonable period, a request of a customer to cancel a telecommunication service pursuant to the terms and conditions for the service.

7. Bill a customer for a telecommunication service after the customer has cancelled the telecommunication service pursuant to the terms and conditions of the service.

8. Bill a customer for services that the provider knows the customer has not authorized, unless the service is required to be provided by law. The failure of a customer to refuse a proposal from a provider does not constitute specific authorization.

9. Change a customer’s subscription to a local exchange carrier or an interexchange carrier unless:

(a) The customer has authorized the change within the 30 days immediately preceding the date of the change; and

(b) The provider complies with the provisions of 47 U.S.C. § 258, as amended, and the verification procedures set forth in 47 C.F.R. part 64, subpart K, as amended.

10. Fail to provide to a customer who has authorized the provider to change his or her subscription to a local exchange carrier or an interexchange carrier a written confirmation of the change within 30 days after the date of the change.

11. Propose or enter into a contract with a person that purports to:

(a) Waive the protection afforded to the person by any provision of this section; or

(b) Authorize the provider or an agent, employee, independent contractor or representative of the provider to violate any provision of this section.

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Nev. Rev. Stat. § 598.9691. Regulations governing disclosures made by provider to customer. The Public Utilities Commission of Nevada may adopt regulations governing the disclosures that must be made by a provider to a customer before the customer may be charged for a telecommunication service.Nev. Rev. Stat. § 598.9691. Regulations governing disclosures made by provider to customer. The Public Utilities Commission of Nevada may adopt regulations governing the disclosures that must be made by a provider to a customer before the customer may be charged for a telecommunication service.

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Nev. Rev. Stat. § 598.9692. Opportunity to freeze interexchange carrier. A provider who is a local exchange carrier shall, in a competitively neutral manner, offer to each customer the opportunity to freeze the interexchange carrier selected by the customer.Nev. Rev. Stat. § 598.9692. Opportunity to freeze interexchange carrier. A provider who is a local exchange carrier shall, in a competitively neutral manner, offer to each customer the opportunity to freeze the interexchange carrier selected by the customer.

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Nev. Rev. Stat. § 598.9694. Remedies, duties and prohibitions not exclusive; violation constitutes deceptive trade practice.1. The remedies, duties and prohibitions of NRS 598.968 to 598.9694, inclusive, are not exclusive and are in addition to any other remedies provided by law.

2. A violation of any provision of NRS 598.968 to 598.9694, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
Nev. Rev. Stat. § 598.9694. Remedies, duties and prohibitions not exclusive; violation constitutes deceptive trade practice.1. The remedies, duties and prohibitions of NRS 598.968 to 598.9694, inclusive, are not exclusive and are in addition to any other remedies provided by law.

2. A violation of any provision of NRS 598.968 to 598.9694, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

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Nev. Rev. Stat. § 598.971. REPAIR OF MOTOR VEHICLES - Definitions.As used in NRS 598.971 to 598.990, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.975; and 598.981 have the meanings ascribed to them in those sections.Nev. Rev. Stat. § 598.971. REPAIR OF MOTOR VEHICLES - Definitions.Repealed. (See chapter 450, Statutes of Nevada 2009, at page 2539; chapter 475, Statutes of Nevada 2009, at page 2732.)

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Nev. Rev. Stat. § 598.975. “Department” defined. "Department" means the department of motor vehicles.Nev. Rev. Stat. § 598.975. “Department” defined. Repealed. (See chapter 450, Statutes of Nevada 2009, at page 2539; chapter 475, Statutes of Nevada 2009, at page 2732.)

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Nev. Rev. Stat. § 598.981. “Division” defined. "Division" means the consumer affairs division of the department of business and industry.Nev. Rev. Stat. § 598.981. “Division” defined. Repealed. (See chapter 450, Statutes of Nevada 2009, at page 2539; chapter 475, Statutes of Nevada 2009, at page 2732.)

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Nev. Rev. Stat. § 598.985. Division and Department to cooperate to protect persons who authorize repair of motor vehicles. 1. The division and the department shall cooperate to enhance the protection of persons who authorize the repair of motor vehicles by a garage that is registered with the department pursuant to the provisions of NRS 487.530 to 487.570, inclusive.

2. The Commissioner of Consumer Affairs may provide to the Department a copy of any complaint filed with the Division that alleges a deceptive trade practice pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, or a violation of the provisions of NRS 597.480 to 597.590, inclusive, by a garage or garageman registered pursuant to the provisions of NRS 487.530 to 487.570, inclusive. If the Commissioner provides the Department with a copy of a complaint, the Department is subject to the provisions of NRS 598.098 with respect to the complaint.

3. The department may provide assistance to the division in carrying out the provisions of NRS 598.990.
Nev. Rev. Stat. § 598.985. Division and Department to cooperate to protect persons who authorize repair of motor vehicles. Repealed. (See chapter 450, Statutes of Nevada 2009, at page 2539; chapter 475, Statutes of Nevada 2009, at page 2732.)

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Nev. Rev. Stat. § 598.990. Division to establish and maintain toll-free telephone number concerning alleged violations and develop program to provide certain information to public. The Division shall:

1. Establish and maintain a toll-free telephone number for persons to report to the Division information concerning alleged violations of NRS 487.530 to 487.570, inclusive, 597.480 to 597.590, inclusive, and 598.0903 to 598.0999, inclusive.

2. Develop a program to provide information to the public concerning:

(a) The duties imposed on a body shop by the provisions of NRS 487.610 to 487.690, inclusive, and 597.480 to 597.590, inclusive;

(b) The duties imposed on a garageman by the provisions of NRS 487.530 to 487.570, inclusive, and 597.480 to 597.590, inclusive;

(c) The rights and protections established for a person who uses the services of a garage or body shop;

(d) The repair of motor vehicles; and

(e) Deceptive trade practices relating to the repair of motor vehicles by a garage or body shop.
Nev. Rev. Stat. § 598.990. Division to establish and maintain toll-free telephone number concerning alleged violations and develop program to provide certain information to public. Repealed. (See chapter 450, Statutes of Nevada 2009, at page 2539; chapter 475, Statutes of Nevada 2009, at page 2732.)

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Nev. Rev. Stat. § 598B.010. Short title.This chapter may be cited as the Nevada Equal Credit Opportunity Law.Nev. Rev. Stat. § 598B.010. Short title.This chapter may be cited as the Nevada Equal Credit Opportunity Law.

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Nev. Rev. Stat. § 598B.020. Declaration of public policy. It is hereby declared to be the public policy of the State of Nevada that all people in the State desiring to obtain credit shall be afforded equal opportunity to have their creditworthiness evaluated under the same relevant economic standards and without any discrimination on the basis of their sex or marital status.Nev. Rev. Stat. § 598B.020. Declaration of public policy. It is hereby declared to be the public policy of the State of Nevada that all people in the State desiring to obtain credit shall be afforded equal opportunity to have their creditworthiness evaluated under the same relevant economic standards and without any discrimination on the basis of their sex or marital status.

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Nev. Rev. Stat. § 598B.030. Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 598B.040 to 598B.080, inclusive, have the meanings ascribed to them in such sections.Nev. Rev. Stat. § 598B.030. Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 598B.040 to 598B.080, inclusive, have the meanings ascribed to them in such sections.

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Nev. Rev. Stat. § 598B.040. “Applicant” defined. “Applicant” means any person who applies to a creditor directly for an extension, renewal or continuation of credit, or applies to a creditor indirectly by use of an existing credit plan for an amount exceeding a previously established credit limit.Nev. Rev. Stat. § 598B.040. “Applicant” defined. “Applicant” means any person who applies to a creditor directly for an extension, renewal or continuation of credit, or applies to a creditor indirectly by use of an existing credit plan for an amount exceeding a previously established credit limit.

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Nev. Rev. Stat. § 598B.050. “Credit” defined. “Credit” means the right granted by a creditor to any person to:

1. Incur a debt and defer its payment.

2. Purchase property or services and defer payment for the purchase.

3. Defer payment of an existing debt.
Nev. Rev. Stat. § 598B.050. “Credit” defined. “Credit” means the right granted by a creditor to any person to:

1. Incur a debt and defer its payment.

2. Purchase property or services and defer payment for the purchase.

3. Defer payment of an existing debt.

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Nev. Rev. Stat. § 598B.060. “Creditor” defined. “Creditor” means any person who:

1. Regularly extends, renews or continues credit;

2. Regularly arranges for the extension, renewal or continuation of credit; or

3. Participates in the decision to extend, renew or continue credit as an assignee of an original creditor.
Nev. Rev. Stat. § 598B.060. “Creditor” defined. “Creditor” means any person who:

1. Regularly extends, renews or continues credit;

2. Regularly arranges for the extension, renewal or continuation of credit; or

3. Participates in the decision to extend, renew or continue credit as an assignee of an original creditor.

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Nev. Rev. Stat. § 598B.070. “Division” defined. “Division” means the Division of Financial Institutions of the Department of Business and Industry.Nev. Rev. Stat. § 598B.070. “Division” defined. “Division” means the Division of Financial Institutions of the Department of Business and Industry.

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Nev. Rev. Stat. § 598B.080. “Person” defined. “Person” includes a government, a governmental agency and a political subdivision of a government.Nev. Rev. Stat. § 598B.080. “Person” defined. “Person” includes a government, a governmental agency and a political subdivision of a government.

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Nev. Rev. Stat. § 598B.090. Administration of chapter; duties of Commissioner of Financial Institutions. The Commissioner of Financial Institutions through the Division shall:

1. Administer the provisions of this chapter;

2. Study the nature and extent of any discrimination as to sex or marital status in credit practices in this state; and

3. Cooperate with and assist all public and private agencies, organizations and institutions which are formulating or carrying on programs to prevent or eliminate discrimination on the basis of sex or marital status in credit practices.
Nev. Rev. Stat. § 598B.090. Administration of chapter; duties of Commissioner of Financial Institutions. The Commissioner of Financial Institutions through the Division shall:

1. Administer the provisions of this chapter;

2. Study the nature and extent of any discrimination as to sex or marital status in credit practices in this state; and

3. Cooperate with and assist all public and private agencies, organizations and institutions which are formulating or carrying on programs to prevent or eliminate discrimination on the basis of sex or marital status in credit practices.

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Nev. Rev. Stat. § 598B.100. Unlawful to discriminate on basis of sex or marital status.It is unlawful for any creditor to discriminate against any applicant on the basis of the applicant’s sex or marital status with respect to any aspect of a credit transaction.Nev. Rev. Stat. § 598B.100. Unlawful to discriminate on basis of sex or marital status.It is unlawful for any creditor to discriminate against any applicant on the basis of the applicant’s sex or marital status with respect to any aspect of a credit transaction.

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Nev. Rev. Stat. § 598B.110. Considerations in determining creditworthiness.1. A creditor shall consider the combined income of both husband and wife for the purpose of extending credit to a married couple and shall not exclude the income of either without just cause. The creditor shall determine the creditworthiness of the couple upon a reasonable evaluation of the past, present and foreseeable economic circumstances of both spouses.

2. A request for the signatures of both parties to a marriage for the purpose of creating a valid lien or passing clear title, waiving inchoate rights to property or assigning earnings, does not constitute credit discrimination.

3. An inquiry of marital status does not constitute discrimination for the purposes of this chapter if such inquiry is for the purpose of ascertaining the creditor’s rights and remedies applicable to the particular extension of credit, and not to discriminate in a determination of creditworthiness.

4. Consideration or application of state property laws directly or indirectly affecting creditworthiness does not constitute discrimination for the purposes of this chapter.
Nev. Rev. Stat. § 598B.110. Considerations in determining creditworthiness.1. A creditor shall consider the combined income of both husband and wife for the purpose of extending credit to a married couple and shall not exclude the income of either without just cause. The creditor shall determine the creditworthiness of the couple upon a reasonable evaluation of the past, present and foreseeable economic circumstances of both spouses.

2. A request for the signatures of both parties to a marriage for the purpose of creating a valid lien or passing clear title, waiving inchoate rights to property or assigning earnings, does not constitute credit discrimination.

3. An inquiry of marital status does not constitute discrimination for the purposes of this chapter if such inquiry is for the purpose of ascertaining the creditor’s rights and remedies applicable to the particular extension of credit, and not to discriminate in a determination of creditworthiness.

4. Consideration or application of state property laws directly or indirectly affecting creditworthiness does not constitute discrimination for the purposes of this chapter.

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Nev. Rev. Stat. § 598B.115. Extension of credit to be mailed to same address as solicitation; exception. If a creditor other than a creditor subject to the provisions of NRS 97A.142 mails a solicitation for the extension of credit to a person and the person applies for such credit, the creditor shall mail the extension of credit to the person to the same address as the solicitation, unless the creditor verifies any change of address of the person using a reliable method.Nev. Rev. Stat. § 598B.115. Extension of credit to be mailed to same address as solicitation; exception. If a creditor other than a creditor subject to the provisions of NRS 97A.142 mails a solicitation for the extension of credit to a person and the person applies for such credit, the creditor shall mail the extension of credit to the person to the same address as the solicitation, unless the creditor verifies any change of address of the person using a reliable method.

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Nev. Rev. Stat. § 598B.120. Separate credit accounts of married persons not to be aggregated for certain purposes.If each party to a marriage separately and voluntarily applies for and obtains separate credit from the same creditor, the credit accounts shall not be aggregated or otherwise combined for purposes of determining permissible finance charges or loan ceilings.Nev. Rev. Stat. § 598B.120. Separate credit accounts of married persons not to be aggregated for certain purposes.If each party to a marriage separately and voluntarily applies for and obtains separate credit from the same creditor, the credit accounts shall not be aggregated or otherwise combined for purposes of determining permissible finance charges or loan ceilings.

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Nev. Rev. Stat. § 598B.130. Separate reporting of credit histories required.A credit reporting agency shall identify separately within its records of the reports it delivers, the credit histories of any person, the person’s spouse, if any, and the joint accounts of the person and spouse, if any, to the extent that such information is available to the agency.Nev. Rev. Stat. § 598B.130. Separate reporting of credit histories required.A credit reporting agency shall identify separately within its records of the reports it delivers, the credit histories of any person, the person’s spouse, if any, and the joint accounts of the person and spouse, if any, to the extent that such information is available to the agency.

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Nev. Rev. Stat. § 598B.140. Administrative remedies: Complaint to Division.1. A complaint may be filed with the Division by any person who has been injured as the result of a creditor’s violation of any provision of this chapter or any regulation adopted thereunder or who has reasonable ground to believe that he or she will be injured by a discriminatory action or practice prohibited by such provisions.

2. The complaint shall be made in such form and manner as the Division prescribes by regulation.
Nev. Rev. Stat. § 598B.140. Administrative remedies: Complaint to Division.1. A complaint may be filed with the Division by any person who has been injured as the result of a creditor’s violation of any provision of this chapter or any regulation adopted thereunder or who has reasonable ground to believe that he or she will be injured by a discriminatory action or practice prohibited by such provisions.

2. The complaint shall be made in such form and manner as the Division prescribes by regulation.

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Nev. Rev. Stat. § 598B.150. Administrative remedies: Investigation and hearing by Division; witnesses.1. Upon receipt of such a complaint or upon its own initiative, the Division may:

(a) Investigate any matters alleged in the complaint or believed to be a discriminatory practice under the provisions of this chapter or regulations adopted thereunder.

(b) Eliminate or correct the cause of the complaint or discriminatory condition by methods of conference or conciliation.

(c) Conduct a public hearing and make a decision or order.

2. In conducting such investigation or hearing, the Division may issue necessary subpoenas requiring such attendance of witnesses or production of documents, and upon petition of the Division, the district court may compel obedience to the subpoenas.
Nev. Rev. Stat. § 598B.150. Administrative remedies: Investigation and hearing by Division; witnesses.1. Upon receipt of such a complaint or upon its own initiative, the Division may:

(a) Investigate any matters alleged in the complaint or believed to be a discriminatory practice under the provisions of this chapter or regulations adopted thereunder.

(b) Eliminate or correct the cause of the complaint or discriminatory condition by methods of conference or conciliation.

(c) Conduct a public hearing and make a decision or order.

2. In conducting such investigation or hearing, the Division may issue necessary subpoenas requiring such attendance of witnesses or production of documents, and upon petition of the Division, the district court may compel obedience to the subpoenas.

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Nev. Rev. Stat. § 598B.160. Administrative remedies: Injunctive relief. If the Division orders any creditor to cease and desist from a discriminatory practice and the creditor fails to do so within 20 calendar days after service of the order, the Division may apply to the district court for an injunction to prevent any continuation of the discriminatory practice.Nev. Rev. Stat. § 598B.160. Administrative remedies: Injunctive relief. If the Division orders any creditor to cease and desist from a discriminatory practice and the creditor fails to do so within 20 calendar days after service of the order, the Division may apply to the district court for an injunction to prevent any continuation of the discriminatory practice.

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Nev. Rev. Stat. § 598B.170. Civil remedies: Injunctive relief; damages; remedies not cumulative with federal law.1. Any person injured by a discriminatory credit practice within the scope of the provisions of this chapter may apply directly to the district court for relief. If the court determines that the creditor has violated any of such provisions and that the plaintiff has been injured thereby, the court may enjoin the creditor from continued violation, award damages to the plaintiff or grant both measures of relief.

2. A person may not pursue the remedy provided under this section if he or she is pursuing any remedy provided under the federal Equal Credit Opportunity Act (15 U.S.C. § 1691 et seq.) with respect to the same grievance.
Nev. Rev. Stat. § 598B.170. Civil remedies: Injunctive relief; damages; remedies not cumulative with federal law.1. Any person injured by a discriminatory credit practice within the scope of the provisions of this chapter may apply directly to the district court for relief. If the court determines that the creditor has violated any of such provisions and that the plaintiff has been injured thereby, the court may enjoin the creditor from continued violation, award damages to the plaintiff or grant both measures of relief.

2. A person may not pursue the remedy provided under this section if he or she is pursuing any remedy provided under the federal Equal Credit Opportunity Act (15 U.S.C. § 1691 et seq.) with respect to the same grievance.

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Nev. Rev. Stat. § 598B.180. Limitation of actions.Any action brought under the provisions of this chapter shall be commenced within 1 year from the date of the occurrence of the violation.Nev. Rev. Stat. § 598B.180. Limitation of actions.Any action brought under the provisions of this chapter shall be commenced within 1 year from the date of the occurrence of the violation.

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Nev. Rev. Stat. § 598C.010. CONSUMER REPORTING - Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 598C.020 to 598C.105, inclusive, have the meanings ascribed to them in those sections.Nev. Rev. Stat. § 598C.010. CONSUMER REPORTING - Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 598C.020 to 598C.105, inclusive, have the meanings ascribed to them in those sections.

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Nev. Rev. Stat. § 598C.020. “Adverse action” defined.1. “Adverse action” includes:

(a) The denial of, increase in any charge for or reduction in the amount of insurance for personal, family or household purposes;

(b) The denial of employment or any other decision for employment purposes that adversely affects a current or prospective employee; and

(c) An action or determination with respect to a consumer’s application for credit that is adverse to the interests of the consumer.

2. The term does not include:

(a) A refusal to extend additional credit under an existing credit arrangement if:

(1) The applicant is delinquent or otherwise in default with respect to the arrangement; or

(2) The additional credit would exceed a previously established credit limit; or

(b) A refusal or failure at the point of sale to authorize a specific transaction on an existing account.
Nev. Rev. Stat. § 598C.020. “Adverse action” defined.1. “Adverse action” includes:

(a) The denial of, increase in any charge for or reduction in the amount of insurance for personal, family or household purposes;

(b) The denial of employment or any other decision for employment purposes that adversely affects a current or prospective employee; and

(c) An action or determination with respect to a consumer’s application for credit that is adverse to the interests of the consumer.

2. The term does not include:

(a) A refusal to extend additional credit under an existing credit arrangement if:

(1) The applicant is delinquent or otherwise in default with respect to the arrangement; or

(2) The additional credit would exceed a previously established credit limit; or

(b) A refusal or failure at the point of sale to authorize a specific transaction on an existing account.

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Nev. Rev. Stat. § 598C.030. “Commissioner” defined. “Commissioner” means the Commissioner of Consumer Affairs.Nev. Rev. Stat. § 598C.030. “Commissioner” defined. “Commissioner” means the Commissioner of Consumer Affairs.

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Nev. Rev. Stat. § 598C.040. “Consumer” defined. “Consumer” means a person who uses economic goods.Nev. Rev. Stat. § 598C.040. “Consumer” defined. “Consumer” means a person who uses economic goods.

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Nev. Rev. Stat. § 598C.050. “Consumer credit” defined.“Consumer credit” means credit granted to a natural person to finance the purchase of goods that directly satisfy human wants or to defray personal or family expenses.Nev. Rev. Stat. § 598C.050. “Consumer credit” defined.“Consumer credit” means credit granted to a natural person to finance the purchase of goods that directly satisfy human wants or to defray personal or family expenses.

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Nev. Rev. Stat. § 598C.060. “Consumer report” defined.1. “Consumer report” means any communication, written or oral, by a reporting agency regarding the payment history of a particular consumer, including information regarding his or her credit worthiness, credit standing or credit capacity, which is intended for present or future use in whole or in part to serve as a factor in determining the consumer’s eligibility for:

(a) Credit or insurance to be used primarily for personal, family or household purposes;

(b) Purposes relating to employment; or

(c) Any other purpose authorized pursuant to 15 U.S.C. §§ 1681 et seq.

2. The term does not include:

(a) A report containing information solely as to transactions or experiences between the consumer and the person making the report;

(b) An authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device;

(c) A report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to the request, if the third party advises the consumer of the name and address of the person to whom the request was made and the person makes the disclosures required pursuant to NRS 598C.170;

(d) A report solely conveying a decision whether to guarantee a check in response to a request by a third party; or

(e) A report created or issued by or to a person licensed pursuant to chapter 463 of NRS relating to any extension of credit by the licensee.
Nev. Rev. Stat. § 598C.060. “Consumer report” defined.1. “Consumer report” means any communication, written or oral, by a reporting agency regarding the payment history of a particular consumer, including information regarding his or her credit worthiness, credit standing or credit capacity, which is intended for present or future use in whole or in part to serve as a factor in determining the consumer’s eligibility for:

(a) Credit or insurance to be used primarily for personal, family or household purposes;

(b) Purposes relating to employment; or

(c) Any other purpose authorized pursuant to 15 U.S.C. §§ 1681 et seq.

2. The term does not include:

(a) A report containing information solely as to transactions or experiences between the consumer and the person making the report;

(b) An authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device;

(c) A report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to the request, if the third party advises the consumer of the name and address of the person to whom the request was made and the person makes the disclosures required pursuant to NRS 598C.170;

(d) A report solely conveying a decision whether to guarantee a check in response to a request by a third party; or

(e) A report created or issued by or to a person licensed pursuant to chapter 463 of NRS relating to any extension of credit by the licensee.

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Nev. Rev. Stat. § 598C.070. “File” defined. “File” includes all of the information on the consumer which is recorded and retained by a reporting agency regardless of how the information is stored.Nev. Rev. Stat. § 598C.070. “File” defined. “File” includes all of the information on the consumer which is recorded and retained by a reporting agency regardless of how the information is stored.

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Nev. Rev. Stat. § 598C.080. “Medical information” defined. “Medical information” means information or records relating to medical treatment or condition which is obtained from a licensed provider of health care or medical facility.Nev. Rev. Stat. § 598C.080. “Medical information” defined. “Medical information” means information or records relating to medical treatment or condition which is obtained from a licensed provider of health care or medical facility.

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Nev. Rev. Stat. § 598C.090. “Person” defined. “Person” includes a governmental entity.Nev. Rev. Stat. § 598C.090. “Person” defined. “Person” includes a governmental entity.

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Nev. Rev. Stat. § 598C.100. “Reporting agency” defined. 1. “Reporting agency” means a person who, for fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating information regarding the credit of or other information regarding consumers to furnish consumer reports to third parties, regardless of the means or facility of commerce used to prepare or furnish the consumer reports.

2. The term does not include:

(a) A person solely for the reason that he or she conveys a decision regarding whether to guarantee a check in response to a request by a third party;

(b) A person who obtains or creates a consumer report and provides the report or information contained in it to a subsidiary or affiliate; or

(c) A person licensed pursuant to chapter 463 of NRS.
Nev. Rev. Stat. § 598C.100. “Reporting agency” defined. 1. “Reporting agency” means a person who, for fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating information regarding the credit of or other information regarding consumers to furnish consumer reports to third parties, regardless of the means or facility of commerce used to prepare or furnish the consumer reports.

2. The term does not include:

(a) A person solely for the reason that he or she conveys a decision regarding whether to guarantee a check in response to a request by a third party;

(b) A person who obtains or creates a consumer report and provides the report or information contained in it to a subsidiary or affiliate; or

(c) A person licensed pursuant to chapter 463 of NRS.

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Nev. Rev. Stat. § 598C.105. “Security freeze” defined. “Security freeze” means a notice that is placed in the file of a consumer at the request of the consumer pursuant to NRS 598C.300.Nev. Rev. Stat. § 598C.105. “Security freeze” defined. “Security freeze” means a notice that is placed in the file of a consumer at the request of the consumer pursuant to NRS 598C.300.

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Nev. Rev. Stat. § 598C.110. Duties of reporting agency. A reporting agency:

1. Shall include with any written disclosure to a consumer a summary of his or her rights under this chapter.

2. Shall not include medical information in its files.

3. Shall include in any consumer report information concerning a consumer’s delinquency in paying support for a child, to the extent that this information is provided in a format acceptable to the reporting agency by the Division of Welfare and Supportive Services of the Department of Health and Human Services or from the district attorney of the county in which the consumer resides or resided when the delinquency occurred.
Nev. Rev. Stat. § 598C.110. Duties of reporting agency. A reporting agency:

1. Shall include with any written disclosure to a consumer a summary of his or her rights under this chapter.

2. Shall not include medical information in its files.

3. Shall include in any consumer report information concerning a consumer’s delinquency in paying support for a child, to the extent that this information is provided in a format acceptable to the reporting agency by the Division of Welfare and Supportive Services of the Department of Health and Human Services or from the district attorney of the county in which the consumer resides or resided when the delinquency occurred.

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Nev. Rev. Stat. § 598C.120. Person shall not procure consumer report to resell or disclose information in report; exception. A person shall not procure a consumer report to resell or disclose the report or the information contained in the report unless the person discloses to the reporting agency which originally furnished the report:

1. The identity of the intended ultimate user of the report or information; and

2. The only purposes for which the information will be used.
Nev. Rev. Stat. § 598C.120. Person shall not procure consumer report to resell or disclose information in report; exception. A person shall not procure a consumer report to resell or disclose the report or the information contained in the report unless the person discloses to the reporting agency which originally furnished the report:

1. The identity of the intended ultimate user of the report or information; and

2. The only purposes for which the information will be used.

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Nev. Rev. Stat. § 598C.130. Disclosures to consumer regarding consumer report. Upon request and information sufficient to identify a consumer, a reporting agency shall:

1. Clearly and accurately disclose to the consumer the nature and substance of the consumer report in its files which relates to him or her at the time of the request, and disclose the names of the institutional sources of information. If the consumer requests, the reporting agency shall provide a readable copy of the consumer report.

2. Disclose the name of each person who has received from the reporting agency information concerning him or her:

(a) Within the preceding 2 years for purposes of employment, promotion, reassignment or retention as an employee; or

(b) Within the preceding 6 months for any other purpose.
Nev. Rev. Stat. § 598C.130. Disclosures to consumer regarding consumer report. Upon request and information sufficient to identify a consumer, a reporting agency shall:

1. Clearly and accurately disclose to the consumer the nature and substance of the consumer report in its files which relates to him or her at the time of the request, and disclose the names of the institutional sources of information. If the consumer requests, the reporting agency shall provide a readable copy of the consumer report.

2. Disclose the name of each person who has received from the reporting agency information concerning him or her:

(a) Within the preceding 2 years for purposes of employment, promotion, reassignment or retention as an employee; or

(b) Within the preceding 6 months for any other purpose.

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Nev. Rev. Stat. § 598C.140. Furnishing consumer report for determination of whether to extend credit. 1. A reporting agency may furnish a consumer report concerning a consumer for an extension of credit which he or she did not initiate only if:

(a) The contemplated transaction represents a firm offer of credit to those consumers who meet specific criteria determined by the person; or

(b) He or she has not requested that his or her name and address be excluded from any list to be provided for such a purpose.

2. This section does not prohibit a reporting agency from furnishing information to review an account or collect an account if there is an existing business relationship or the account has been assigned to a third party for collection.

3. As used in this section, “firm offer of credit” means an offer of credit based on a consumer report provided by the reporting agency, either directly to the creditor or through a third party, that cannot be rescinded or changed by the creditor unless the information provided by the reporting agency has materially changed as of the time the creditor received the accepted offer and the creditor is able to revoke the accepted offer or renew the offer on different terms.
Nev. Rev. Stat. § 598C.140. Furnishing consumer report for determination of whether to extend credit. 1. A reporting agency may furnish a consumer report concerning a consumer for an extension of credit which he or she did not initiate only if:

(a) The contemplated transaction represents a firm offer of credit to those consumers who meet specific criteria determined by the person; or

(b) He or she has not requested that his or her name and address be excluded from any list to be provided for such a purpose.

2. This section does not prohibit a reporting agency from furnishing information to review an account or collect an account if there is an existing business relationship or the account has been assigned to a third party for collection.

3. As used in this section, “firm offer of credit” means an offer of credit based on a consumer report provided by the reporting agency, either directly to the creditor or through a third party, that cannot be rescinded or changed by the creditor unless the information provided by the reporting agency has materially changed as of the time the creditor received the accepted offer and the creditor is able to revoke the accepted offer or renew the offer on different terms.

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Nev. Rev. Stat. § 598C.150. Purging of information from files of reporting agency; disclosure of purged information. A reporting agency shall periodically purge from its files and after purging shall not disclose:

1. Bankruptcies whose dates of adjudication precede the report by more than 10 years. A report of adjudication must include, if known, the chapter of Title 11 of the United States Code under which the case arose.

2. Except as otherwise provided by a specific statute, any other civil judgment, a report of criminal proceedings, or other adverse information which precedes the report by more than 7 years.
Nev. Rev. Stat. § 598C.150. Purging of information from files of reporting agency; disclosure of purged information. A reporting agency shall periodically purge from its files and after purging shall not disclose:

1. Bankruptcies whose dates of adjudication precede the report by more than 10 years. A report of adjudication must include, if known, the chapter of Title 11 of the United States Code under which the case arose.

2. Except as otherwise provided by a specific statute, any other civil judgment, a report of criminal proceedings, or other adverse information which precedes the report by more than 7 years.

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Nev. Rev. Stat. § 598C.160. Duties of reporting agency when consumer disputes accuracy of information in its files. 1. If a consumer disputes the accuracy of any information in the files of a reporting agency which relates to him or her, and the reporting agency is made aware of the dispute by him or her, the reporting agency shall, within 5 business days after becoming aware of the dispute, notify any institutional sources of the information and, as soon as is reasonably possible but not later than 30 days, complete a reinvestigation of the accuracy of the information unless the dispute is determined by the reporting agency to be frivolous or irrelevant.

2. If the reporting agency concludes that the dispute is frivolous or irrelevant, it shall so notify the consumer. If it determines that the information is incorrect or can no longer be verified, it shall correct its files accordingly and notify the consumer.

3. No information deleted pursuant to this section may be reinserted unless:

(a) The person furnishing the information uses reasonable procedures to ensure the maximum possible accuracy of the information; and

(b) The reporting agency notifies the consumer within 5 business days after the reinsertion and offers him or her the opportunity to add to its file his or her own brief statement disputing or adding to the information.
Nev. Rev. Stat. § 598C.160. Duties of reporting agency when consumer disputes accuracy of information in its files. 1. If a consumer disputes the accuracy of any information in the files of a reporting agency which relates to him or her, and the reporting agency is made aware of the dispute by him or her, the reporting agency shall, within 5 business days after becoming aware of the dispute, notify any institutional sources of the information and, as soon as is reasonably possible but not later than 30 days, complete a reinvestigation of the accuracy of the information unless the dispute is determined by the reporting agency to be frivolous or irrelevant.

2. If the reporting agency concludes that the dispute is frivolous or irrelevant, it shall so notify the consumer. If it determines that the information is incorrect or can no longer be verified, it shall correct its files accordingly and notify the consumer.

3. No information deleted pursuant to this section may be reinserted unless:

(a) The person furnishing the information uses reasonable procedures to ensure the maximum possible accuracy of the information; and

(b) The reporting agency notifies the consumer within 5 business days after the reinsertion and offers him or her the opportunity to add to its file his or her own brief statement disputing or adding to the information.

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Nev. Rev. Stat. § 598C.170. Person who takes adverse action based on consumer report to provide certain information to consumer. If a person takes adverse action with respect to a consumer which is based on a consumer report from a reporting agency, the person shall:

1. Notify the consumer of the action taken;

2. Furnish him or her with the name and address of the reporting agency; and

3. Inform him or her of his or her right to obtain a copy of the consumer report from the agency.
Nev. Rev. Stat. § 598C.170. Person who takes adverse action based on consumer report to provide certain information to consumer. If a person takes adverse action with respect to a consumer which is based on a consumer report from a reporting agency, the person shall:

1. Notify the consumer of the action taken;

2. Furnish him or her with the name and address of the reporting agency; and

3. Inform him or her of his or her right to obtain a copy of the consumer report from the agency.

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Nev. Rev. Stat. § 598C.180. Commissioner of Consumer Affairs to administer chapter; duties of Attorney General. 1. The provisions of this chapter must be administered by the Commissioner of Consumer Affairs.

2. The Attorney General shall provide opinions for the Commissioner on all questions of law relating to the construction, interpretation or administration of this chapter.

3. The Attorney General shall represent the Division in any action or proceeding brought by or against the Commissioner pursuant to any of the provisions of this chapter.
Nev. Rev. Stat. § 598C.180. Commissioner of Consumer Affairs to administer chapter; duties of Attorney General. 1. The provisions of this chapter must be administered by the Commissioner of Consumer Affairs.

2. The Attorney General shall provide opinions for the Commissioner on all questions of law relating to the construction, interpretation or administration of this chapter.

3. The Attorney General shall represent the Division in any action or proceeding brought by or against the Commissioner pursuant to any of the provisions of this chapter.

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Nev. Rev. Stat. § 598C.190. Remedies of consumer for willful failure of reporting agency to comply with provisions of chapter. If a reporting agency or user of information willfully fails to comply with any provision of this chapter with respect to any consumer, the reporting agency is liable to that consumer in an amount equal to the sum of:

1. Any actual damages sustained by the consumer as a result of the violation;

2. Such amount of punitive damages as the court may allow; and

3. The costs of the action plus reasonable attorney’s fees.
Nev. Rev. Stat. § 598C.190. Remedies of consumer for willful failure of reporting agency to comply with provisions of chapter. If a reporting agency or user of information willfully fails to comply with any provision of this chapter with respect to any consumer, the reporting agency is liable to that consumer in an amount equal to the sum of:

1. Any actual damages sustained by the consumer as a result of the violation;

2. Such amount of punitive damages as the court may allow; and

3. The costs of the action plus reasonable attorney’s fees.

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Nev. Rev. Stat. § 598C.200. Remedies of consumer for negligent failure of reporting agency to comply with provisions of chapter. If a reporting agency or user of information negligently fails to comply with any provision of this chapter with respect to any consumer, the reporting agency is liable to that consumer in an amount equal to the sum of:

1. Any actual damages sustained by the consumer as a result of the violation; and

2. The costs of the action plus reasonable attorney’s fees.
Nev. Rev. Stat. § 598C.200. Remedies of consumer for negligent failure of reporting agency to comply with provisions of chapter. If a reporting agency or user of information negligently fails to comply with any provision of this chapter with respect to any consumer, the reporting agency is liable to that consumer in an amount equal to the sum of:

1. Any actual damages sustained by the consumer as a result of the violation; and

2. The costs of the action plus reasonable attorney’s fees.

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Nev. Rev. Stat. § 598C.300. Duty of reporting agency to place security freeze in file of consumer upon request; procedures; use of personal identification number or password; security freeze must not be considered adverse factor against consumer. 1. A consumer may place a security freeze in his or her file by making a request in writing by certified mail to the reporting agency. At the time of the request, the consumer must provide to the reporting agency sufficient identification to establish the identity of the consumer.

2. A reporting agency shall place a security freeze in the file of a consumer not later than 5 business days after the reporting agency receives a request from the consumer to place the security freeze in his or her file.

3. Not later than 10 business days after the placement of the security freeze in the file of the consumer, the reporting agency shall send written confirmation to the consumer of the placement of the security freeze in his or her file and provide the consumer with:

(a) A unique personal identification number or password, which is not the social security number of the consumer, to be used by the consumer to authorize the temporary release of the consumer report pursuant to NRS 598C.350 or the removal of a security freeze from the file pursuant to NRS 598C.360;

(b) Information explaining the procedures by which a consumer may contact the reporting agency to authorize the temporary release of his or her consumer report pursuant to NRS 598C.350 or the removal of a security freeze from his or her file pursuant to NRS 598C.360; and

(c) The written disclosure required pursuant to NRS 598C.310.

4. A consumer may request in writing a replacement personal identification number or password. At the time of the request, the consumer must provide to the reporting agency sufficient identification to establish the identity of the consumer. Not later than 10 business days after receiving the request, the reporting agency shall provide the consumer with a new, unique personal identification number or password, which is not the social security number of the consumer, to be used by the consumer instead of the number or password that was provided pursuant to paragraph (a) of subsection 3.

5. Except as otherwise provided in NRS 598C.350, 598C.360 and 598C.370, a reporting agency shall not remove a security freeze placed in the file of a consumer.

6. The presence of a security freeze in the file of a consumer must not be considered to be an adverse factor in the consumer’s credit worthiness, credit standing or credit capacity.
Nev. Rev. Stat. § 598C.300. Duty of reporting agency to place security freeze in file of consumer upon request; procedures; use of personal identification number or password; security freeze must not be considered adverse factor against consumer. 1. A consumer may place a security freeze in his or her file by making a request in writing by certified mail to the reporting agency. At the time of the request, the consumer must provide to the reporting agency sufficient identification to establish the identity of the consumer.

2. A reporting agency shall place a security freeze in the file of a consumer not later than 5 business days after the reporting agency receives a request from the consumer to place the security freeze in his or her file.

3. Not later than 10 business days after the placement of the security freeze in the file of the consumer, the reporting agency shall send written confirmation to the consumer of the placement of the security freeze in his or her file and provide the consumer with:

(a) A unique personal identification number or password, which is not the social security number of the consumer, to be used by the consumer to authorize the temporary release of the consumer report pursuant to NRS 598C.350 or the removal of a security freeze from the file pursuant to NRS 598C.360;

(b) Information explaining the procedures by which a consumer may contact the reporting agency to authorize the temporary release of his or her consumer report pursuant to NRS 598C.350 or the removal of a security freeze from his or her file pursuant to NRS 598C.360; and

(c) The written disclosure required pursuant to NRS 598C.310.

4. A consumer may request in writing a replacement personal identification number or password. At the time of the request, the consumer must provide to the reporting agency sufficient identification to establish the identity of the consumer. Not later than 10 business days after receiving the request, the reporting agency shall provide the consumer with a new, unique personal identification number or password, which is not the social security number of the consumer, to be used by the consumer instead of the number or password that was provided pursuant to paragraph (a) of subsection 3.

5. Except as otherwise provided in NRS 598C.350, 598C.360 and 598C.370, a reporting agency shall not remove a security freeze placed in the file of a consumer.

6. The presence of a security freeze in the file of a consumer must not be considered to be an adverse factor in the consumer’s credit worthiness, credit standing or credit capacity.

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Nev. Rev. Stat. § 598C.310. Duty of reporting agency to provide written disclosure of rights of consumer regarding security freeze; form of written disclosure. If a consumer requests that a security freeze be placed in his or her file, a reporting agency shall provide a written disclosure of the rights of the consumer. The written disclosure is sufficient if it is in substantially the following form:



You have a right to place a security freeze in your file which will prohibit a reporting agency from releasing any information in your file without your express authorization. A security freeze must be requested in writing by certified mail. The security freeze is designed to prevent a reporting agency from releasing your consumer report without your consent. However, you should be aware that using a security freeze to take control over who is allowed access to the personal and financial information in your file may delay, interfere with or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, insurance, government services or payments, rental housing, employment, investment, license, cellular telephone, utilities, digital signature, Internet credit card transaction or other services, including an extension of credit at point of sale. When you place a security freeze in your file, you will be provided a personal identification number or password to use if you choose to remove the security freeze from your file or to authorize the temporary release of your consumer report for a specific person or period after the security freeze is in place. To provide that authorization, you must contact the reporting agency and provide all the following:

1. Sufficient identification to verify your identity.

2. Your personal identification number or password provided by the reporting agency.

3. A statement that you choose to remove the security freeze from your file or that you authorize the reporting agency to temporarily release your consumer report. If you authorize the temporary release of your consumer report, you must name the person who is to receive your consumer report or the period for which your consumer report must be available.

A reporting agency must remove the security freeze from your file or authorize the temporary release of your consumer report not later than 3 business days after receiving the above information.

A security freeze does not apply to certain persons, including a person, or collection agencies acting on behalf of a person, with whom you have an existing account that requests information in your consumer report for the purposes of reviewing or collecting the account.
Nev. Rev. Stat. § 598C.310. Duty of reporting agency to provide written disclosure of rights of consumer regarding security freeze; form of written disclosure. If a consumer requests that a security freeze be placed in his or her file, a reporting agency shall provide a written disclosure of the rights of the consumer. The written disclosure is sufficient if it is in substantially the following form:



You have a right to place a security freeze in your file which will prohibit a reporting agency from releasing any information in your file without your express authorization. A security freeze must be requested in writing by certified mail. The security freeze is designed to prevent a reporting agency from releasing your consumer report without your consent. However, you should be aware that using a security freeze to take control over who is allowed access to the personal and financial information in your file may delay, interfere with or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, insurance, government services or payments, rental housing, employment, investment, license, cellular telephone, utilities, digital signature, Internet credit card transaction or other services, including an extension of credit at point of sale. When you place a security freeze in your file, you will be provided a personal identification number or password to use if you choose to remove the security freeze from your file or to authorize the temporary release of your consumer report for a specific person or period after the security freeze is in place. To provide that authorization, you must contact the reporting agency and provide all the following:

1. Sufficient identification to verify your identity.

2. Your personal identification number or password provided by the reporting agency.

3. A statement that you choose to remove the security freeze from your file or that you authorize the reporting agency to temporarily release your consumer report. If you authorize the temporary release of your consumer report, you must name the person who is to receive your consumer report or the period for which your consumer report must be available.

A reporting agency must remove the security freeze from your file or authorize the temporary release of your consumer report not later than 3 business days after receiving the above information.

A security freeze does not apply to certain persons, including a person, or collection agencies acting on behalf of a person, with whom you have an existing account that requests information in your consumer report for the purposes of reviewing or collecting the account.

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Nev. Rev. Stat. § 598C.320. Fees. 1. Except as otherwise provided in this section, a reporting agency may charge a consumer a fee, not to exceed $10, to place, remove or temporarily release a security freeze on his or her file.

2. A reporting agency may not charge a consumer the fee set forth in subsection 1 to place a security freeze in his or her file, to temporarily release his or her consumer report for a specific period or to a specific person, or to remove a security freeze from his or her file if:

(a) The consumer is 65 years of age or older; or

(b) The consumer is a victim of identity theft and the consumer submits, at the time the security freeze is requested, a valid copy of a police report, investigative report or complaint which the consumer has filed with a law enforcement agency regarding the unlawful use of the personal information of the consumer by another person.

3. On January 1 of each year, a reporting agency may increase the fees set forth in subsection 1 based proportionally on changes to the Consumer Price Index of All Urban Consumers, as determined by the United States Department of Labor, with fractional changes rounded to the nearest 25 cents.
Nev. Rev. Stat. § 598C.320. Fees. 1. Except as otherwise provided in this section, a reporting agency may charge a consumer a fee, not to exceed $10, to place, remove or temporarily release a security freeze on his or her file.

2. A reporting agency may not charge a consumer the fee set forth in subsection 1 to place a security freeze in his or her file, to temporarily release his or her consumer report for a specific period or to a specific person, or to remove a security freeze from his or her file if:

(a) The consumer is 65 years of age or older; or

(b) The consumer is a victim of identity theft and the consumer submits, at the time the security freeze is requested, a valid copy of a police report, investigative report or complaint which the consumer has filed with a law enforcement agency regarding the unlawful use of the personal information of the consumer by another person.

3. On January 1 of each year, a reporting agency may increase the fees set forth in subsection 1 based proportionally on changes to the Consumer Price Index of All Urban Consumers, as determined by the United States Department of Labor, with fractional changes rounded to the nearest 25 cents.

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Nev. Rev. Stat. § 598C.330. Duty of reporting agency to provide notice of changes made to consumer file; exceptions. 1. After a security freeze has been placed in the file of a consumer, a reporting agency shall not make any changes to the file of the consumer relating to:

(a) The name of the consumer;

(b) The date of birth of the consumer;

(c) The social security number of the consumer; or

(d) The address of the consumer,

Ê unless the reporting agency sends written confirmation of the change to the consumer not later than 30 calendar days after the change is posted to the file of the consumer.

2. If the reporting agency changes the address of the consumer, the reporting agency must send written confirmation of the change of address to both the new address and the former address of the consumer.

3. The provisions of this section do not require a reporting agency to send written confirmation to a consumer concerning technical corrections made by the reporting agency to information in the file of the consumer, including, without limitation, technical corrections involving the abbreviation of a name or street, the transposition of numbers or letters, or the misspelling of a word.
Nev. Rev. Stat. § 598C.330. Duty of reporting agency to provide notice of changes made to consumer file; exceptions. 1. After a security freeze has been placed in the file of a consumer, a reporting agency shall not make any changes to the file of the consumer relating to:

(a) The name of the consumer;

(b) The date of birth of the consumer;

(c) The social security number of the consumer; or

(d) The address of the consumer,

Ê unless the reporting agency sends written confirmation of the change to the consumer not later than 30 calendar days after the change is posted to the file of the consumer.

2. If the reporting agency changes the address of the consumer, the reporting agency must send written confirmation of the change of address to both the new address and the former address of the consumer.

3. The provisions of this section do not require a reporting agency to send written confirmation to a consumer concerning technical corrections made by the reporting agency to information in the file of the consumer, including, without limitation, technical corrections involving the abbreviation of a name or street, the transposition of numbers or letters, or the misspelling of a word.

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Nev. Rev. Stat. § 598C.340. Reporting agency prohibited from providing consumer report when security freeze in effect; third party may deem credit application incomplete under certain circumstances. 1. Except as otherwise provided in NRS 598C.350 to 598C.380, inclusive, if a security freeze has been placed in the file of a consumer, a reporting agency shall not provide a consumer report of that consumer to any person.

2. If, in connection with an application for credit or any other use, a third party requests access to a consumer report on which a security freeze is in effect and the consumer does not allow his or her consumer report to be accessed for that specific third party or period of time, the third party may treat the application as incomplete.
Nev. Rev. Stat. § 598C.340. Reporting agency prohibited from providing consumer report when security freeze in effect; third party may deem credit application incomplete under certain circumstances. 1. Except as otherwise provided in NRS 598C.350 to 598C.380, inclusive, if a security freeze has been placed in the file of a consumer, a reporting agency shall not provide a consumer report of that consumer to any person.

2. If, in connection with an application for credit or any other use, a third party requests access to a consumer report on which a security freeze is in effect and the consumer does not allow his or her consumer report to be accessed for that specific third party or period of time, the third party may treat the application as incomplete.

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Nev. Rev. Stat. § 598C.350. Temporary release of consumer report upon request of consumer. 1. To authorize the temporary release of a consumer report after a security freeze has been placed in the file of the consumer, the consumer must contact the reporting agency and request that his or her consumer report be temporarily released to a specific person or for a specific period. At the time of the request, the consumer must provide to the reporting agency:

(a) Sufficient identification to establish the identity of the consumer;

(b) The personal identification number or password provided by the reporting agency pursuant to paragraph (a) of subsection 3 of NRS 598C.300; and

(c) Information regarding the specific person or the specific period for which the consumer report must be temporarily released.

2. A reporting agency that receives a request from a consumer pursuant to subsection 1 shall, not later than 3 business days after receiving the request, temporarily release the consumer report to the specific person or for the specific period requested by the consumer.

3. A reporting agency shall develop procedures for a consumer to contact the reporting agency to authorize the temporary release of his or her consumer report pursuant to subsection 1. These procedures may include, without limitation, the use of the telephone, facsimile machine, the Internet or other electronic media by a consumer to authorize the temporary release of his or her consumer report in an expedited manner.
Nev. Rev. Stat. § 598C.350. Temporary release of consumer report upon request of consumer. 1. To authorize the temporary release of a consumer report after a security freeze has been placed in the file of the consumer, the consumer must contact the reporting agency and request that his or her consumer report be temporarily released to a specific person or for a specific period. At the time of the request, the consumer must provide to the reporting agency:

(a) Sufficient identification to establish the identity of the consumer;

(b) The personal identification number or password provided by the reporting agency pursuant to paragraph (a) of subsection 3 of NRS 598C.300; and

(c) Information regarding the specific person or the specific period for which the consumer report must be temporarily released.

2. A reporting agency that receives a request from a consumer pursuant to subsection 1 shall, not later than 3 business days after receiving the request, temporarily release the consumer report to the specific person or for the specific period requested by the consumer.

3. A reporting agency shall develop procedures for a consumer to contact the reporting agency to authorize the temporary release of his or her consumer report pursuant to subsection 1. These procedures may include, without limitation, the use of the telephone, facsimile machine, the Internet or other electronic media by a consumer to authorize the temporary release of his or her consumer report in an expedited manner.

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Nev. Rev. Stat. § 598C.360. Removal of security freeze upon request of consumer. 1. To authorize the removal of a security freeze that has been placed in the file of a consumer, the consumer must contact the reporting agency and request that the security freeze be removed. At the time of the request, the consumer must provide to the reporting agency:

(a) Sufficient identification to establish the identity of the consumer; and

(b) The personal identification number or password provided by the reporting agency pursuant to paragraph (a) of subsection 3 of NRS 598C.300.

2. A reporting agency that receives a request from a consumer pursuant to subsection 1 shall, not later than 3 business days after receiving the request:

(a) Remove the security freeze from the file of the consumer; and

(b) Send written notice to the consumer that the security freeze has been removed from the file of the consumer.

3. A reporting agency shall develop procedures for a consumer to contact the reporting agency to authorize the removal of a security freeze pursuant to subsection 1. These procedures may include, without limitation, the use of a telephone, a facsimile machine, the Internet or other electronic media by a consumer to authorize the removal of a security freeze in an expedited manner.
Nev. Rev. Stat. § 598C.360. Removal of security freeze upon request of consumer. 1. To authorize the removal of a security freeze that has been placed in the file of a consumer, the consumer must contact the reporting agency and request that the security freeze be removed. At the time of the request, the consumer must provide to the reporting agency:

(a) Sufficient identification to establish the identity of the consumer; and

(b) The personal identification number or password provided by the reporting agency pursuant to paragraph (a) of subsection 3 of NRS 598C.300.

2. A reporting agency that receives a request from a consumer pursuant to subsection 1 shall, not later than 3 business days after receiving the request:

(a) Remove the security freeze from the file of the consumer; and

(b) Send written notice to the consumer that the security freeze has been removed from the file of the consumer.

3. A reporting agency shall develop procedures for a consumer to contact the reporting agency to authorize the removal of a security freeze pursuant to subsection 1. These procedures may include, without limitation, the use of a telephone, a facsimile machine, the Internet or other electronic media by a consumer to authorize the removal of a security freeze in an expedited manner.

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Nev. Rev. Stat. § 598C.370. Removal of security freeze by reporting agency; notice to consumer. 1. A reporting agency may remove a security freeze from the file of a consumer if the reporting agency has a reasonable belief that:

(a) The security freeze was placed in the file of the consumer because of a material misrepresentation of fact by the consumer; or

(b) The consumer placed the security freeze in his or her file for the purposes of:

(1) Committing fraud;

(2) Committing any other act prohibited by law; or

(3) Aiding and abetting any act prohibited by law.

2. If a reporting agency intends to remove a security freeze from the file of a consumer pursuant to subsection 1, the reporting agency shall send written notice to the consumer before removing the security freeze.
Nev. Rev. Stat. § 598C.370. Removal of security freeze by reporting agency; notice to consumer. 1. A reporting agency may remove a security freeze from the file of a consumer if the reporting agency has a reasonable belief that:

(a) The security freeze was placed in the file of the consumer because of a material misrepresentation of fact by the consumer; or

(b) The consumer placed the security freeze in his or her file for the purposes of:

(1) Committing fraud;

(2) Committing any other act prohibited by law; or

(3) Aiding and abetting any act prohibited by law.

2. If a reporting agency intends to remove a security freeze from the file of a consumer pursuant to subsection 1, the reporting agency shall send written notice to the consumer before removing the security freeze.

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Nev. Rev. Stat. § 598C.380. Release of consumer report by reporting agency to authorized persons. Notwithstanding that a security freeze has been placed in the file of a consumer, a reporting agency may release the consumer report of the consumer to:

1. A person with whom the consumer has an existing business relationship, or the subsidiary, affiliate or agent of that person, for any purpose relating to that business relationship.

2. A licensed collection agency to which an account of the consumer has been assigned for the purposes of collection.

3. A person with whom the consumer has an account or contract or to whom the consumer has issued a negotiable instrument, or the subsidiary, affiliate, agent, assignee or prospective assignee of that person, for purposes relating to that account, contract or negotiable instrument.

4. A person seeking to use information in the file of the consumer for the purposes of prescreening pursuant to the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq.

5. A subsidiary, affiliate, agent, assignee or prospective assignee of a person to whom access has been granted pursuant to NRS 598C.350 for the purposes of facilitating the extension of credit.

6. A person seeking to provide the consumer with a copy of the consumer report or the credit score of the consumer upon the request of the consumer.

7. A person administering a credit file monitoring subscription service to which the consumer has subscribed.

8. A person requesting the consumer report pursuant to a court order, warrant or subpoena.

9. A federal, state or local governmental entity, agency or instrumentality that is acting within the scope of its authority, including, without limitation, an agency which is seeking to collect child support payments pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq.

10. A person holding a license issued by the Nevada Gaming Commission pursuant to title 41 of NRS, or the subsidiary, affiliate, agent, assignee or prospective assignee of that person, for purposes relating to any activities conducted pursuant to the license.

11. An employer, or the subsidiary, affiliate, agent, assignee or prospective assignee of that employer, for purposes of:

(a) Preemployment screenings relating to the consumer; or

(b) Decisions or investigations relating to the consumer’s current or former employment with the employer.
Nev. Rev. Stat. § 598C.380. Release of consumer report by reporting agency to authorized persons. Notwithstanding that a security freeze has been placed in the file of a consumer, a reporting agency may release the consumer report of the consumer to:

1. A person with whom the consumer has an existing business relationship, or the subsidiary, affiliate or agent of that person, for any purpose relating to that business relationship.

2. A licensed collection agency to which an account of the consumer has been assigned for the purposes of collection.

3. A person with whom the consumer has an account or contract or to whom the consumer has issued a negotiable instrument, or the subsidiary, affiliate, agent, assignee or prospective assignee of that person, for purposes relating to that account, contract or negotiable instrument.

4. A person seeking to use information in the file of the consumer for the purposes of prescreening pursuant to the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq.

5. A subsidiary, affiliate, agent, assignee or prospective assignee of a person to whom access has been granted pursuant to NRS 598C.350 for the purposes of facilitating the extension of credit.

6. A person seeking to provide the consumer with a copy of the consumer report or the credit score of the consumer upon the request of the consumer.

7. A person administering a credit file monitoring subscription service to which the consumer has subscribed.

8. A person requesting the consumer report pursuant to a court order, warrant or subpoena.

9. A federal, state or local governmental entity, agency or instrumentality that is acting within the scope of its authority, including, without limitation, an agency which is seeking to collect child support payments pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq.

10. A person holding a license issued by the Nevada Gaming Commission pursuant to title 41 of NRS, or the subsidiary, affiliate, agent, assignee or prospective assignee of that person, for purposes relating to any activities conducted pursuant to the license.

11. An employer, or the subsidiary, affiliate, agent, assignee or prospective assignee of that employer, for purposes of:

(a) Preemployment screenings relating to the consumer; or

(b) Decisions or investigations relating to the consumer’s current or former employment with the employer.

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Nev. Rev. Stat. § 598C.390. Companies not required to place security freeze in file of consumer. The following companies are not required to place a security freeze in the file of a consumer:

1. A check services or fraud prevention services company which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers or similar methods of payments.

2. A deposit account information service company which issues reports regarding account closures because of fraud, substantial overdrafts, abuse of automatic teller machines or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.

3. A reporting agency which acts only as a reseller of credit information by assembling and merging information contained in the database of another reporting agency or in the databases of multiple reporting agencies and which does not maintain a permanent database of consumer credit information from which new consumer reports are produced. Such a reporting agency shall honor any security freeze placed on a consumer report by another reporting agency.
Nev. Rev. Stat. § 598C.390. Companies not required to place security freeze in file of consumer. The following companies are not required to place a security freeze in the file of a consumer:

1. A check services or fraud prevention services company which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers or similar methods of payments.

2. A deposit account information service company which issues reports regarding account closures because of fraud, substantial overdrafts, abuse of automatic teller machines or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.

3. A reporting agency which acts only as a reseller of credit information by assembling and merging information contained in the database of another reporting agency or in the databases of multiple reporting agencies and which does not maintain a permanent database of consumer credit information from which new consumer reports are produced. Such a reporting agency shall honor any security freeze placed on a consumer report by another reporting agency.

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Nev. Rev. Stat. § 598D.010. UNFAIR LENDING PRACTICES - Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 598D.020 to 598D.050, inclusive, have the meanings ascribed to them in those sections.Nev. Rev. Stat. § 598D.010. UNFAIR LENDING PRACTICES - Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 598D.020 to 598D.050, inclusive, have the meanings ascribed to them in those sections.

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Nev. Rev. Stat. § 598D.020. “Borrower” defined. “Borrower” means a natural person who is a mortgagor, grantor of a deed of trust or other debtor of a home loan.Nev. Rev. Stat. § 598D.020. “Borrower” defined. “Borrower” means a natural person who is a mortgagor, grantor of a deed of trust or other debtor of a home loan.

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Nev. Rev. Stat. § 598D.030. “Home” defined. “Home” means a dwelling or dwellings for not more than four families, the principal use of which is for residential purposes. The term includes, without limitation:

1. A dwelling on a farm.

2. A dwelling unit of a cooperative housing corporation.

3. A mobile home, as defined in NRS 489.120, with the wheels removed and skirting added, when set on a foundation located on land that the owner of the mobile home owns or occupies pursuant to a tenancy with a term of 40 years or more.
Nev. Rev. Stat. § 598D.030. “Home” defined. “Home” means a dwelling or dwellings for not more than four families, the principal use of which is for residential purposes. The term includes, without limitation:

1. A dwelling on a farm.

2. A dwelling unit of a cooperative housing corporation.

3. A mobile home, as defined in NRS 489.120, with the wheels removed and skirting added, when set on a foundation located on land that the owner of the mobile home owns or occupies pursuant to a tenancy with a term of 40 years or more.

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Nev. Rev. Stat. § 598D.040. “Home loan” defined. “Home loan” means a consumer credit transaction that is secured by a mortgage loan which involves real property located within this State and includes, without limitation, a consumer credit transaction that constitutes a mortgage under § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32.Nev. Rev. Stat. § 598D.040. “Home loan” defined. “Home loan” means a consumer credit transaction that is secured by a mortgage loan which involves real property located within this State and includes, without limitation, a consumer credit transaction that constitutes a mortgage under § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32.

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Nev. Rev. Stat. § 598D.050. “Lender” defined. “Lender” means a mortgagee, beneficiary of a deed of trust or other creditor who holds a mortgage, deed of trust or other instrument that encumbers home property as security for the repayment of a home loan.Nev. Rev. Stat. § 598D.050. “Lender” defined. “Lender” means a mortgagee, beneficiary of a deed of trust or other creditor who holds a mortgage, deed of trust or other instrument that encumbers home property as security for the repayment of a home loan.

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Nev. Rev. Stat. § 598D.100. Unfair lending practices. 1. It is an unfair lending practice for a lender to:

(a) Require a borrower, as a condition of obtaining or maintaining a home loan secured by home property, to provide property insurance on improvements to home property in an amount that exceeds the reasonable replacement value of the improvements.

(b) Knowingly or intentionally make a home loan, other than a reverse mortgage, to a borrower, including, without limitation, a low-document home loan, no-document home loan or stated-document home loan, without determining, using any commercially reasonable means or mechanism, that the borrower has the ability to repay the home loan.

(c) Finance a prepayment fee or penalty in connection with the refinancing by the original borrower of a home loan owned by the lender or an affiliate of the lender.

(d) Finance, directly or indirectly in connection with a home loan, any credit insurance.

2. As used in this section:

(a) “Credit insurance” has the meaning ascribed to it in NRS 690A.015.

(b) “Low-document home loan” means a home loan:

(1) Whose terms allow a borrower to establish his or her ability to repay the home loan by providing only limited verification of his or her income and other assets; or

(2) Which is evidenced only by a deed transferring some or all of the interest of the borrower in the home property to the creditor.

(c) “No-document home loan” means a home loan whose terms allow a borrower to establish his or her ability to repay the home loan without providing any verification of his or her income and other assets.

(d) “Prepayment fee or penalty” means any fee or penalty imposed by a lender if a borrower repays the balance of a loan or otherwise makes a payment on a loan before the regularly scheduled time for repayment.

(e) “Stated-document home loan” means a home loan whose terms allow a borrower to establish his or her ability to repay the home loan by providing only his or her own statement of verification of his or her income and other assets.
Nev. Rev. Stat. § 598D.100. Unfair lending practices. 1. It is an unfair lending practice for a lender to:

(a) Require a borrower, as a condition of obtaining or maintaining a home loan secured by home property, to provide property insurance on improvements to home property in an amount that exceeds the reasonable replacement value of the improvements.

(b) Knowingly or intentionally make a home loan, other than a reverse mortgage, to a borrower, including, without limitation, a low-document home loan, no-document home loan or stated-document home loan, without determining, using any commercially reasonable means or mechanism, that the borrower has the ability to repay the home loan.

(c) Finance a prepayment fee or penalty in connection with the refinancing by the original borrower of a home loan owned by the lender or an affiliate of the lender.

(d) Finance, directly or indirectly in connection with a home loan, any credit insurance.

2. As used in this section:

(a) “Credit insurance” has the meaning ascribed to it in NRS 690A.015.

(b) “Low-document home loan” means a home loan:

(1) Whose terms allow a borrower to establish his or her ability to repay the home loan by providing only limited verification of his or her income and other assets; or

(2) Which is evidenced only by a deed transferring some or all of the interest of the borrower in the home property to the creditor.

(c) “No-document home loan” means a home loan whose terms allow a borrower to establish his or her ability to repay the home loan without providing any verification of his or her income and other assets.

(d) “Prepayment fee or penalty” means any fee or penalty imposed by a lender if a borrower repays the balance of a loan or otherwise makes a payment on a loan before the regularly scheduled time for repayment.

(e) “Stated-document home loan” means a home loan whose terms allow a borrower to establish his or her ability to repay the home loan by providing only his or her own statement of verification of his or her income and other assets.

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Nev. Rev. Stat. § 598D.110. Criminal and civil penalties; borrower’s defense against unpaid obligation.1. A lender who willfully engages in an unfair lending practice described in this chapter is guilty of a misdemeanor.

2. If a lender willfully engages in any unfair lending practice described in this chapter in connection with a home loan, the lender is liable to the borrower in an amount equal to the sum of:

(a) Three times the amount of any actual damages sustained by the borrower; and

(b) If the borrower brings an action and is successful in enforcing the liability imposed by paragraph (a) in the action, the costs of bringing the action and reasonable attorney’s fees as determined by the court.

3. The borrower has a defense against the unpaid obligation of the home loan to the extent of any amount awarded by a court pursuant to paragraph (a) of subsection 2, and the court, in addition to any other legal or equitable remedy, may cure any existing default of the home loan and cancel any pending foreclosure sale, trustee’s sale or other sale to enforce the home loan.
Nev. Rev. Stat. § 598D.110. Criminal and civil penalties; borrower’s defense against unpaid obligation.1. A lender who willfully engages in an unfair lending practice described in this chapter is guilty of a misdemeanor.

2. If a lender willfully engages in any unfair lending practice described in this chapter in connection with a home loan, the lender is liable to the borrower in an amount equal to the sum of:

(a) Three times the amount of any actual damages sustained by the borrower; and

(b) If the borrower brings an action and is successful in enforcing the liability imposed by paragraph (a) in the action, the costs of bringing the action and reasonable attorney’s fees as determined by the court.

3. The borrower has a defense against the unpaid obligation of the home loan to the extent of any amount awarded by a court pursuant to paragraph (a) of subsection 2, and the court, in addition to any other legal or equitable remedy, may cure any existing default of the home loan and cancel any pending foreclosure sale, trustee’s sale or other sale to enforce the home loan.

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Nev. Rev. Stat. § 598D.120. Repurchase of home loan by lender who sold home loan. 1. If an action has been filed in a court of competent jurisdiction claiming an unfair lending practice in connection with a home loan, the lender who holds the home loan may sell the home loan and recover damages and costs as provided in this section if the lender did not:

(a) Originate the home loan; and

(b) Willfully engage in any unfair lending practice described in this chapter in connection with the home loan.

2. The lender described in subsection 1 may require the person from whom the lender purchased the home loan described in subsection 1 to:

(a) Repurchase the home loan for the amount the lender paid for the home loan; and

(b) Pay to the lender all damages and reasonable costs incurred by the lender that are related to:

(1) The purchase of the home loan by the lender from the person;

(2) Any damages awarded in the action described in subsection 1;

(3) Any costs related to the action described in subsection 1;

(4) The repurchase of the home loan by the lender if the lender was required to repurchase the home loan from another lender pursuant to this section; and

(5) The repurchase of the home loan from the lender by the person pursuant to this section.

3. The person described in subsection 2:

(a) Shall repurchase the home loan and pay the damages and costs as described in subsection 2; and

(b) After repurchasing the home loan, may sell the home loan and recover damages and costs as provided in this section if he or she is a lender described in subsection 1.
Nev. Rev. Stat. § 598D.120. Repurchase of home loan by lender who sold home loan. 1. If an action has been filed in a court of competent jurisdiction claiming an unfair lending practice in connection with a home loan, the lender who holds the home loan may sell the home loan and recover damages and costs as provided in this section if the lender did not:

(a) Originate the home loan; and

(b) Willfully engage in any unfair lending practice described in this chapter in connection with the home loan.

2. The lender described in subsection 1 may require the person from whom the lender purchased the home loan described in subsection 1 to:

(a) Repurchase the home loan for the amount the lender paid for the home loan; and

(b) Pay to the lender all damages and reasonable costs incurred by the lender that are related to:

(1) The purchase of the home loan by the lender from the person;

(2) Any damages awarded in the action described in subsection 1;

(3) Any costs related to the action described in subsection 1;

(4) The repurchase of the home loan by the lender if the lender was required to repurchase the home loan from another lender pursuant to this section; and

(5) The repurchase of the home loan from the lender by the person pursuant to this section.

3. The person described in subsection 2:

(a) Shall repurchase the home loan and pay the damages and costs as described in subsection 2; and

(b) After repurchasing the home loan, may sell the home loan and recover damages and costs as provided in this section if he or she is a lender described in subsection 1.

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Nev. Rev. Stat. § 598D.130. Required provisions in instrument that secures certain home loans. If:

1. A mortgage, deed of trust or other instrument encumbers home property as security for repayment of a home loan; and

2. The home loan is subject to the provisions of § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32,

Ê the mortgage, deed of trust or other instrument must expressly indicate in writing in a size equal to at least 14-point bold type on the front page of the mortgage, deed of trust or other instrument that the home loan is a home loan as defined in NRS 598D.040 and is subject to the provisions of § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32.
Nev. Rev. Stat. § 598D.130. Required provisions in instrument that secures certain home loans. If:

1. A mortgage, deed of trust or other instrument encumbers home property as security for repayment of a home loan; and

2. The home loan is subject to the provisions of § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32,

Ê the mortgage, deed of trust or other instrument must expressly indicate in writing in a size equal to at least 14-point bold type on the front page of the mortgage, deed of trust or other instrument that the home loan is a home loan as defined in NRS 598D.040 and is subject to the provisions of § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32.

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Nev. Rev. Stat. § 598D.150. Enforcement by Attorney General; local regulation prohibited. 1. The Attorney General has primary jurisdiction to investigate and prosecute violations of this chapter.

2. When acting pursuant to this section, the Attorney General may commence his or her investigation and file a criminal action without leave of court, and he or she has exclusive charge of the conduct of the prosecution.

3. A local government shall not regulate any activity to which the provisions of this chapter apply.
Nev. Rev. Stat. § 598D.150. Enforcement by Attorney General; local regulation prohibited. 1. The Attorney General has primary jurisdiction to investigate and prosecute violations of this chapter.

2. When acting pursuant to this section, the Attorney General may commence his or her investigation and file a criminal action without leave of court, and he or she has exclusive charge of the conduct of the prosecution.

3. A local government shall not regulate any activity to which the provisions of this chapter apply.

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Nev. Rev. Stat. § 599A.010. SOLICITATION TO PURCHASE LAND - Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 599A.020 and 599A.040 have the meanings ascribed to them in such sections.Nev. Rev. Stat. § 599A.010. SOLICITATION TO PURCHASE LAND - Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 599A.020 and 599A.040 have the meanings ascribed to them in such sections.

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Nev. Rev. Stat. § 599A.020. “Customer” defined. “Customer” means any person solicited to purchase any land or interest therein, located in this state or elsewhere.Nev. Rev. Stat. § 599A.020. “Customer” defined. “Customer” means any person solicited to purchase any land or interest therein, located in this state or elsewhere.

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Nev. Rev. Stat. § 599A.040. “Solicitation” defined. “Solicitation” means any conduct for the procurement of prospective customers or any offer of sale, option or reservation of any land or interest therein located in this state or elsewhere, and includes, but is not limited to, any of the following methods to carry out such purposes:

1. Advertising.

2. Offering gifts or other free benefits.

3. Promoting group meetings.

4. Using slides or movies.
Nev. Rev. Stat. § 599A.040. “Solicitation” defined. “Solicitation” means any conduct for the procurement of prospective customers or any offer of sale, option or reservation of any land or interest therein located in this state or elsewhere, and includes, but is not limited to, any of the following methods to carry out such purposes:

1. Advertising.

2. Offering gifts or other free benefits.

3. Promoting group meetings.

4. Using slides or movies.

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Nev. Rev. Stat. § 599A.050. Local licensing and regulation; solicitation without license unlawful.1. Consistent with the provisions of this chapter, the board of county commissioners of any county and the governing body of an incorporated city may license and regulate any practice connected with the solicitation of customers for land sales.

2. In any county or incorporated city in which the board of county commissioners or governing body has adopted an ordinance requiring the licensing of any person engaged in solicitation, it is unlawful for any person to commit any act of solicitation without first obtaining such license.
Nev. Rev. Stat. § 599A.050. Local licensing and regulation; solicitation without license unlawful.1. Consistent with the provisions of this chapter, the board of county commissioners of any county and the governing body of an incorporated city may license and regulate any practice connected with the solicitation of customers for land sales.

2. In any county or incorporated city in which the board of county commissioners or governing body has adopted an ordinance requiring the licensing of any person engaged in solicitation, it is unlawful for any person to commit any act of solicitation without first obtaining such license.

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Nev. Rev. Stat. § 599A.053. Application for license to include social security number of applicant. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] An application for the issuance of a license issued pursuant to NRS 599A.050 must include the social security number of the applicant.Nev. Rev. Stat. § 599A.053. Application for license to include social security number of applicant. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] An application for the issuance of a license issued pursuant to NRS 599A.050 must include the social security number of the applicant.

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Nev. Rev. Stat. § 599A.056. Statement regarding payment of child support by applicant for license; grounds for denial of license; duty of board of county commissioners or governing body. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] 1. An applicant for the issuance or renewal of a license issued pursuant to NRS 599A.050 shall submit to the board of county commissioners or the governing body of the incorporated city issuing the license the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The board of county commissioners or the governing body of the incorporated city issuing the license shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the board of county commissioners or governing body of the city.

3. A license may not be issued or renewed by a board of county commissioners or the governing body of an incorporated city pursuant to NRS 599A.050 if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the board of county commissioners or governing body of the incorporated city shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Nev. Rev. Stat. § 599A.056. Statement regarding payment of child support by applicant for license; grounds for denial of license; duty of board of county commissioners or governing body. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] 1. An applicant for the issuance or renewal of a license issued pursuant to NRS 599A.050 shall submit to the board of county commissioners or the governing body of the incorporated city issuing the license the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The board of county commissioners or the governing body of the incorporated city issuing the license shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the board of county commissioners or governing body of the city.

3. A license may not be issued or renewed by a board of county commissioners or the governing body of an incorporated city pursuant to NRS 599A.050 if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the board of county commissioners or governing body of the incorporated city shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

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Nev. Rev. Stat. § 599A.059. Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]1. If a board of county commissioners or the governing body of an incorporated city receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued by that governmental body pursuant to NRS 599A.050, the governmental body that issued the license shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the governmental body receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. A board of county commissioners or the governing body of an incorporated city shall reinstate a license issued pursuant to NRS 599A.050 that has been suspended by a district court pursuant to NRS 425.540 if the governmental body receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Nev. Rev. Stat. § 599A.059. Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]1. If a board of county commissioners or the governing body of an incorporated city receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued by that governmental body pursuant to NRS 599A.050, the governmental body that issued the license shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the governmental body receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. A board of county commissioners or the governing body of an incorporated city shall reinstate a license issued pursuant to NRS 599A.050 that has been suspended by a district court pursuant to NRS 425.540 if the governmental body receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

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Nev. Rev. Stat. § 599A.060. Unfair practices unlawful; penalties. 1. In the solicitation of any customer, it is an unfair practice for any person to commit any of the following acts:

(a) To misrepresent any material fact.

(b) To conceal any material fact.

(c) To make any false or deceptive statement.

(d) To fail to disclose any conditions or obligations connected with any gift or other free benefit offered to such customer.

(e) To contact anyone for the purpose of soliciting such person to attend a land sales presentation without first disclosing such purpose.

2. Any person committing any such unfair practice is guilty of a misdemeanor.

3. In addition to the penalty provided in subsection 2, the board of county commissioners or governing body of an incorporated city may, by ordinance, prohibit, and provide a penalty for, the commission of any unfair trade practice.
Nev. Rev. Stat. § 599A.060. Unfair practices unlawful; penalties. 1. In the solicitation of any customer, it is an unfair practice for any person to commit any of the following acts:

(a) To misrepresent any material fact.

(b) To conceal any material fact.

(c) To make any false or deceptive statement.

(d) To fail to disclose any conditions or obligations connected with any gift or other free benefit offered to such customer.

(e) To contact anyone for the purpose of soliciting such person to attend a land sales presentation without first disclosing such purpose.

2. Any person committing any such unfair practice is guilty of a misdemeanor.

3. In addition to the penalty provided in subsection 2, the board of county commissioners or governing body of an incorporated city may, by ordinance, prohibit, and provide a penalty for, the commission of any unfair trade practice.

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Nev. Rev. Stat. § 599A.070. Penalties cumulative. The penalties provided in this chapter shall be cumulative with respect to any other provision of law.Nev. Rev. Stat. § 599A.070. Penalties cumulative. The penalties provided in this chapter shall be cumulative with respect to any other provision of law.

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Nev. Rev. Stat. § 599B.005. SOLICITATION BY TELEPHONE - Legislative findings and declarations.1. The Legislature finds and declares that:

(a) The sale of goods or services or the solicitation of donations by telephone has a significant impact upon the economy and well being of this state and its local communities.

(b) Many legitimate solicitors by telephone merit certain protections pursuant to the laws of this state.

(c) Certain unscrupulous practices by persons soliciting donations or the sale of goods or services by telephone are contrary to good business practices and have caused consumers to suffer substantial losses because of misrepresentation, the lack of complete information relating to goods, services and the persons initiating or causing the solicitation by telephone, and the lack of delivery of the goods and services purchased.

2. It is the intent of the Legislature to:

(a) Provide each consumer with information necessary to make an intelligent decision relating to donations or offers of sale;

(b) Educate and assist the public to distinguish between honest and dishonest practices of solicitation by telephone;

(c) Safeguard the public against deceptive practices and financial hardship;

(d) Prohibit representations that tend to be misleading;

(e) Ensure, foster and encourage competition and fair dealings among sellers by requiring sellers to disclose certain information adequately; and

(f) Protect the integrity of the industry relating to solicitation by telephone.

3. As the provisions of this chapter are necessary to protect the public welfare, it is also the intent of the Legislature that the provisions of this chapter be liberally construed to effectuate its purposes.
Nev. Rev. Stat. § 599B.005. SOLICITATION BY TELEPHONE - Legislative findings and declarations.1. The Legislature finds and declares that:

(a) The sale of goods or services or the solicitation of donations by telephone has a significant impact upon the economy and well being of this state and its local communities.

(b) Many legitimate solicitors by telephone merit certain protections pursuant to the laws of this state.

(c) Certain unscrupulous practices by persons soliciting donations or the sale of goods or services by telephone are contrary to good business practices and have caused consumers to suffer substantial losses because of misrepresentation, the lack of complete information relating to goods, services and the persons initiating or causing the solicitation by telephone, and the lack of delivery of the goods and services purchased.

2. It is the intent of the Legislature to:

(a) Provide each consumer with information necessary to make an intelligent decision relating to donations or offers of sale;

(b) Educate and assist the public to distinguish between honest and dishonest practices of solicitation by telephone;

(c) Safeguard the public against deceptive practices and financial hardship;

(d) Prohibit representations that tend to be misleading;

(e) Ensure, foster and encourage competition and fair dealings among sellers by requiring sellers to disclose certain information adequately; and

(f) Protect the integrity of the industry relating to solicitation by telephone.

3. As the provisions of this chapter are necessary to protect the public welfare, it is also the intent of the Legislature that the provisions of this chapter be liberally construed to effectuate its purposes.

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Nev. Rev. Stat. § 599B.010. Definitions. As used in this chapter, unless the context otherwise requires:

1. "Chance promotion" means any plan in which premiums are distributed by random or chance selection.

2. "Commissioner" means the Commissioner of Consumer Affairs.

3. "Consumer" means a person who is solicited by a seller or salesman.

4. "Division" means the Consumer Affairs Division of the Department of Business and Industry.

5. "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. The term does not include volunteer services, government grants or contracts or a payment by members of any organization of membership fees, dues, fines or assessments or for services rendered by the organization to those persons, if:

(a) The fees, dues, fines, assessments or services confer a bona fide right, privilege, professional standing, honor or other direct benefit upon the member; and

(b) Membership in the organization is not conferred solely in consideration for making a donation in response to a solicitation.

6. "Goods or services" means any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value.

7. "Premium" includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase.

8. "Recovery service" means a business or other practice whereby a person represents or implies that he will, for a fee, recover any amount of money that a consumer has provided to a seller or salesman pursuant to a solicitation governed by the provisions of this chapter.

9. "Salesman" 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 salesman if his only function is to identify a consumer by name only and he immediately refers the consumer to a salesman.

10. Except as otherwise provided in subsection 11, "seller" means any person who, on his own behalf, causes or attempts to cause a solicitation by telephone to be made through the use of one or more salesmen 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 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 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.

11. "Seller" does not include:

(a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales or purchases within the scope of his license.

(b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or 696A of NRS when soliciting sales within the scope of his license.

(c) A person licensed as an insurance broker, agent or solicitor when soliciting sales within the scope of his license.

(d) Any solicitation of sales made by the publisher of a newspaper or magazine or by an agent of the publisher pursuant to a written agreement between the agent and publisher.

(e) A broadcaster soliciting sales who is licensed by any state or federal authority, if the solicitation is within the scope of the broadcaster's license.

(f) A person who solicits a donation from a consumer when:

(1) The person represents or implies that the consumer will receive a premium or goods or services with an aggregated fair market value of 2 percent of the donation or $50, whichever is less; or

(2) The consumer provides a donation of $50 or less in response to the solicitation.

(g) A charitable organization which is registered or approved to conduct a lottery pursuant to chapter 462 of NRS.

(h) A public utility or motor carrier which is regulated pursuant to chapter 704 or 706 of NRS, or by an affiliate of such a utility or motor carrier, if the solicitation is within the scope of its certificate or license.

(i) A utility which is regulated pursuant to chapter 710 of NRS, or by an affiliate of such a utility.

(j) A person soliciting the sale of books, recordings, videocassettes, software for computer systems or similar items through:

(1) An organization whose method of sales is governed by the provisions of Part 425 of Title 16 of the Code of Federal Regulations relating to the use of negative option plans by sellers in commerce;

(2) The use of continuity plans, subscription arrangements, arrangements for standing orders, supplements, and series arrangements pursuant to which the person periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received; or

(3) An arrangement pursuant to which the person ships merchandise to a consumer who has consented in advance to receive the merchandise and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received.

(k) A person who solicits sales by periodically publishing and delivering a catalog to consumers if the catalog:

(1) Contains a written description or illustration of each item offered for sale and the price of each item;

(2) Includes the business address of the person;

(3) Includes at least 24 pages of written material and illustrations;

(4) Is distributed in more than one state; and

(5) Has an annual circulation by mailing of not less than 250,000.

(l) A person soliciting without the intent to complete and who does not complete, the sales transaction by telephone but completes the sales transaction at a later face-to-face meeting between the solicitor and the consumer, if the person, after soliciting a sale by telephone, does not cause another person to collect the payment from or deliver any goods or services purchased to the consumer.

(m) Any commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer subject to regulation by an official or agency of this state or of the United States, if the solicitation is within the scope of the certificate or license held by the entity.

(n) A person holding a certificate of authority issued pursuant to chapter 452 of NRS when soliciting sales within the scope of the certificate.

(o) A person licensed pursuant to chapter 689 of NRS when soliciting sales within the scope of his license.

(p) A person soliciting the sale of services provided by a video service provider subject to regulation pursuant to chapter 711 of NRS.

(q) A person soliciting the sale of agricultural products, if the solicitation is not intended to and does not result in a sale of more than $100 that is to be delivered to one address. As used in this paragraph, "agricultural products" has the meaning ascribed to it in NRS 587.290.

(r) A person who has been operating, for at least 2 years, a retail business establishment under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis:

(1) Goods are displayed and offered for sale or services are offered for sale and provided at the person's business establishment; and

(2) At least 50 percent of the person's business involves the buyer obtaining such goods or services at the person's business establishment.

(s) A person soliciting only the sale of telephone answering services to be provided by the person or his employer.

(t) A person soliciting a transaction regulated by the Commodity Futures Trading Commission, if:

(1) The person is registered with or temporarily licensed by the Commission to conduct that activity pursuant to the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq.; and

(2) The registration or license has not expired or been suspended or revoked.

(u) A person who contracts for the maintenance or repair of goods previously purchased from the person:

(1) Making the solicitation; or

(2) On whose behalf the solicitation is made.

(v) A person to whom a license to operate an information service or a nonrestricted gaming license, which is current and valid, has been issued pursuant to chapter 463 of NRS when soliciting sales within the scope of his license.

(w) A person who solicits a previous customer of the business on whose behalf the call is made if the person making the call:

(1) Does not offer the customer any premium in connection with the sale;

(2) Is not selling an investment or an opportunity for an investment that is not registered with any state or federal authority; and

(3) Is not regularly engaged in telephone sales.

(x) A person who solicits the sale of livestock.

(y) An issuer which has a class of securities that is listed on the New York Stock Exchange, the American Stock Exchange or the National Market System of the National Association of Securities Dealers Automated Quotation System.

(z) A subsidiary of an issuer that qualifies for exemption pursuant to paragraph (y) if at least 60 percent of the voting power of the shares of the subsidiary is owned by the issuer.
Nev. Rev. Stat. § 599B.010. Definitions. [Effective through June 30, 2011.] As used in this chapter, unless the context otherwise requires:

1. “Chance promotion” means any plan in which premiums are distributed by random or chance selection.

2. “Consumer” means a person who is solicited by a seller or salesperson.

3. “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. The term does not include volunteer services, government grants or contracts or a payment by members of any organization of membership fees, dues, fines or assessments or for services rendered by the organization to those persons, if:

(a) The fees, dues, fines, assessments or services confer a bona fide right, privilege, professional standing, honor or other direct benefit upon the member; and

(b) Membership in the organization is not conferred solely in consideration for making a donation in response to a solicitation.

4. “Goods or services” means any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value.

5. “Premium” includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase.

6. “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.

7. “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,

Ê 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.

8. Except as otherwise provided in subsection 9, “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.

9. “Seller” does not include:

(a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales or purchases within the scope of his or her license.

(b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or 696A of NRS when soliciting sales within the scope of his or her license.

(c) A person licensed as an insurance broker, agent or solicitor when soliciting sales within the scope of his or her license.

(d) Any solicitation of sales made by the publisher of a newspaper or magazine or by an agent of the publisher pursuant to a written agreement between the agent and publisher.

(e) A broadcaster soliciting sales who is licensed by any state or federal authority, if the solicitation is within the scope of the broadcaster’s license.

(f) A person who solicits a donation from a consumer when:

(1) The person represents or implies that the consumer will receive a premium or goods or services with an aggregated fair market value of 2 percent of the donation or $50, whichever is less; or

(2) The consumer provides a donation of $50 or less in response to the solicitation.

(g) A charitable organization which is registered or approved to conduct a lottery pursuant to chapter 462 of NRS.

(h) A public utility or motor carrier which is regulated pursuant to chapter 704 or 706 of NRS, or by an affiliate of such a utility or motor carrier, if the solicitation is within the scope of its certificate or license.

(i) A utility which is regulated pursuant to chapter 710 of NRS, or by an affiliate of such a utility.

(j) A person soliciting the sale of books, recordings, videocassettes, software for computer systems or similar items through:

(1) An organization whose method of sales is governed by the provisions of Part 425 of Title 16 of the Code of Federal Regulations relating to the use of negative option plans by sellers in commerce;

(2) The use of continuity plans, subscription arrangements, arrangements for standing orders, supplements, and series arrangements pursuant to which the person periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received; or

(3) An arrangement pursuant to which the person ships merchandise to a consumer who has consented in advance to receive the merchandise and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received.

(k) A person who solicits sales by periodically publishing and delivering a catalog to consumers if the catalog:

(1) Contains a written description or illustration of each item offered for sale and the price of each item;

(2) Includes the business address of the person;

(3) Includes at least 24 pages of written material and illustrations;

(4) Is distributed in more than one state; and

(5) Has an annual circulation by mailing of not less than 250,000.

(l) A person soliciting without the intent to complete and who does not complete, the sales transaction by telephone but completes the sales transaction at a later face-to-face meeting between the solicitor and the consumer, if the person, after soliciting a sale by telephone, does not cause another person to collect the payment from or deliver any goods or services purchased to the consumer.

(m) Any commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer subject to regulation by an official or agency of this State or of the United States, if the solicitation is within the scope of the certificate or license held by the entity.

(n) A person holding a certificate of authority issued pursuant to chapter 452 of NRS when soliciting sales within the scope of the certificate.

(o) A person licensed pursuant to chapter 689 of NRS when soliciting sales within the scope of his or her license.

(p) A person soliciting the sale of services provided by a video service provider subject to regulation pursuant to chapter 711 of NRS.

(q) A person soliciting the sale of agricultural products, if the solicitation is not intended to and does not result in a sale of more than $100 that is to be delivered to one address. As used in this paragraph, “agricultural products” has the meaning ascribed to it in NRS 587.290.

(r) A person who has been operating, for at least 2 years, a retail business establishment under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis:

(1) Goods are displayed and offered for sale or services are offered for sale and provided at the person’s business establishment; and

(2) At least 50 percent of the person’s business involves the buyer obtaining such goods or services at the person’s business establishment.

(s) A person soliciting only the sale of telephone answering services to be provided by the person or his or her employer.

(t) A person soliciting a transaction regulated by the Commodity Futures Trading Commission, if:

(1) The person is registered with or temporarily licensed by the Commission to conduct that activity pursuant to the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq.; and

(2) The registration or license has not expired or been suspended or revoked.

(u) A person who contracts for the maintenance or repair of goods previously purchased from the person:

(1) Making the solicitation; or

(2) On whose behalf the solicitation is made.

(v) A person to whom a license to operate an information service or a nonrestricted gaming license, which is current and valid, has been issued pursuant to chapter 463 of NRS when soliciting sales within the scope of his or her license.

(w) A person who solicits a previous customer of the business on whose behalf the call is made if the person making the call:

(1) Does not offer the customer any premium in connection with the sale;

(2) Is not selling an investment or an opportunity for an investment that is not registered with any state or federal authority; and

(3) Is not regularly engaged in telephone sales.

(x) A person who solicits the sale of livestock.

(y) An issuer which has a class of securities that is listed on the New York Stock Exchange, the American Stock Exchange or the National Market System of the National Association of Securities Dealers Automated Quotation System.

(z) A subsidiary of an issuer that qualifies for exemption pursuant to paragraph (y) if at least 60 percent of the voting power of the shares of the subsidiary is owned by the issuer.

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Nev. Rev. Stat. § 599B.010. Definitions. [Effective July 1, 2011.]As used in this chapter, unless the context otherwise requires:

1. “Chance promotion” means any plan in which premiums are distributed by random or chance selection.

2. “Commissioner” means the Commissioner of Consumer Affairs.

3. “Consumer” means a person who is solicited by a seller or salesperson.

4. “Division” means the Consumer Affairs Division of the Department of Business and Industry.

5. “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. The term does not include volunteer services, government grants or contracts or a payment by members of any organization of membership fees, dues, fines or assessments or for services rendered by the organization to those persons, if:

(a) The fees, dues, fines, assessments or services confer a bona fide right, privilege, professional standing, honor or other direct benefit upon the member; and

(b) Membership in the organization is not conferred solely in consideration for making a donation in response to a solicitation.

6. “Goods or services” means any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value.

7. “Premium” includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase.

8. “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.

9. “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,

Ê 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.

10. Except as otherwise provided in subsection 11, “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.

11. “Seller” does not include:

(a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales or purchases within the scope of his or her license.

(b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or 696A of NRS when soliciting sales within the scope of his or her license.

(c) A person licensed as an insurance broker, agent or solicitor when soliciting sales within the scope of his or her license.

(d) Any solicitation of sales made by the publisher of a newspaper or magazine or by an agent of the publisher pursuant to a written agreement between the agent and publisher.

(e) A broadcaster soliciting sales who is licensed by any state or federal authority, if the solicitation is within the scope of the broadcaster’s license.

(f) A person who solicits a donation from a consumer when:

(1) The person represents or implies that the consumer will receive a premium or goods or services with an aggregated fair market value of 2 percent of the donation or $50, whichever is less; or

(2) The consumer provides a donation of $50 or less in response to the solicitation.

(g) A charitable organization which is registered or approved to conduct a lottery pursuant to chapter 462 of NRS.

(h) A public utility or motor carrier which is regulated pursuant to chapter 704 or 706 of NRS, or by an affiliate of such a utility or motor carrier, if the solicitation is within the scope of its certificate or license.

(i) A utility which is regulated pursuant to chapter 710 of NRS, or by an affiliate of such a utility.

(j) A person soliciting the sale of books, recordings, videocassettes, software for computer systems or similar items through:

(1) An organization whose method of sales is governed by the provisions of Part 425 of Title 16 of the Code of Federal Regulations relating to the use of negative option plans by sellers in commerce;

(2) The use of continuity plans, subscription arrangements, arrangements for standing orders, supplements, and series arrangements pursuant to which the person periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received; or

(3) An arrangement pursuant to which the person ships merchandise to a consumer who has consented in advance to receive the merchandise and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received.

(k) A person who solicits sales by periodically publishing and delivering a catalog to consumers if the catalog:

(1) Contains a written description or illustration of each item offered for sale and the price of each item;

(2) Includes the business address of the person;

(3) Includes at least 24 pages of written material and illustrations;

(4) Is distributed in more than one state; and

(5) Has an annual circulation by mailing of not less than 250,000.

(l) A person soliciting without the intent to complete and who does not complete, the sales transaction by telephone but completes the sales transaction at a later face-to-face meeting between the solicitor and the consumer, if the person, after soliciting a sale by telephone, does not cause another person to collect the payment from or deliver any goods or services purchased to the consumer.

(m) Any commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer subject to regulation by an official or agency of this State or of the United States, if the solicitation is within the scope of the certificate or license held by the entity.

(n) A person holding a certificate of authority issued pursuant to chapter 452 of NRS when soliciting sales within the scope of the certificate.

(o) A person licensed pursuant to chapter 689 of NRS when soliciting sales within the scope of his or her license.

(p) A person soliciting the sale of services provided by a video service provider subject to regulation pursuant to chapter 711 of NRS.

(q) A person soliciting the sale of agricultural products, if the solicitation is not intended to and does not result in a sale of more than $100 that is to be delivered to one address. As used in this paragraph, “agricultural products” has the meaning ascribed to it in NRS 587.290.

(r) A person who has been operating, for at least 2 years, a retail business establishment under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis:

(1) Goods are displayed and offered for sale or services are offered for sale and provided at the person’s business establishment; and

(2) At least 50 percent of the person’s business involves the buyer obtaining such goods or services at the person’s business establishment.

(s) A person soliciting only the sale of telephone answering services to be provided by the person or his or her employer.

(t) A person soliciting a transaction regulated by the Commodity Futures Trading Commission, if:

(1) The person is registered with or temporarily licensed by the Commission to conduct that activity pursuant to the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq.; and

(2) The registration or license has not expired or been suspended or revoked.

(u) A person who contracts for the maintenance or repair of goods previously purchased from the person:

(1) Making the solicitation; or

(2) On whose behalf the solicitation is made.

(v) A person to whom a license to operate an information service or a nonrestricted gaming license, which is current and valid, has been issued pursuant to chapter 463 of NRS when soliciting sales within the scope of his or her license.

(w) A person who solicits a previous customer of the business on whose behalf the call is made if the person making the call:

(1) Does not offer the customer any premium in connection with the sale;

(2) Is not selling an investment or an opportunity for an investment that is not registered with any state or federal authority; and

(3) Is not regularly engaged in telephone sales.

(x) A person who solicits the sale of livestock.

(y) An issuer which has a class of securities that is listed on the New York Stock Exchange, the American Stock Exchange or the National Market System of the National Association of Securities Dealers Automated Quotation System.

(z) A subsidiary of an issuer that qualifies for exemption pursuant to paragraph (y) if at least 60 percent of the voting power of the shares of the subsidiary is owned by the issuer.

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Nev. Rev. Stat. § 599B.015. Duties of Attorney General and Commissioner. 1. The Attorney General shall provide opinions for the Division on all questions of law relating to the construction, interpretation or administration of this chapter.

2. The Commissioner shall determine whether a person is required to register pursuant to the provisions of this chapter. In making that determination, the Commissioner shall consider the definitions, intent, findings and declarations set forth in this chapter.
Nev. Rev. Stat. § 599B.015. Duties of Attorney General and Commissioner. [Effective July 1, 2011.]1. The Attorney General shall provide opinions for the Division on all questions of law relating to the construction, interpretation or administration of this chapter.

2. The Commissioner shall determine whether a person is required to register pursuant to the provisions of this chapter. In making that determination, the Commissioner shall consider the definitions, intent, findings and declarations set forth in this chapter.

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Nev. Rev. Stat. § 599B.025. Regulations.1. The attorney general may adopt regulations establishing standards of conduct for registrants and any other regulations necessary to exercise the powers and carry out the duties of the attorney general as set forth in this chapter.

2. The commissioner and the attorney general shall jointly adopt rules of practice establishing a procedure for processing complaints received concerning sellers and salesmen, whether or not the sellers and salesmen are registered pursuant to this chapter. The rules of practice:

(a) Must provide for the sharing of information and for the initial review of complaints by the attorney general before mediation by the commissioner; and

(b) May provide procedures for mediation by the commissioner after initial review by the attorney general.

3. The commissioner may adopt rules of practice necessary to administer and carry out the provisions of this chapter pertaining to the registration of sellers and salesmen. The rules of practice must not restrict the powers and duties of the attorney general as set forth in this chapter.
Nev. Rev. Stat. § 599B.025. Regulations; rules of practice. 1. The Attorney General may adopt regulations establishing standards of conduct for registrants and any other regulations necessary to exercise the powers and carry out the duties of the Attorney General as set forth in this chapter.

2. The Commissioner and the Attorney General shall jointly adopt rules of practice establishing a procedure for processing complaints received concerning sellers and salespersons, whether or not the sellers and salespersons are registered pursuant to this chapter. The rules of practice:

(a) Must provide for the sharing of information and for the initial review of complaints by the Attorney General before mediation by the Commissioner; and

(b) May provide procedures for mediation by the Commissioner after initial review by the Attorney General.

3. The Commissioner may adopt rules of practice necessary to administer and carry out the provisions of this chapter pertaining to the registration of sellers and salespersons. The rules of practice must not restrict the powers and duties of the Attorney General as set forth in this chapter.

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Nev. Rev. Stat. § 599B.030. Remedies, duties and prohibitions not exclusive. The remedies, duties and prohibitions of this chapter are not exclusive and are in addition to any other remedies provided by law.Nev. Rev. Stat. § 599B.030. Remedies, duties and prohibitions not exclusive. The remedies, duties and prohibitions of this chapter are not exclusive and are in addition to any other remedies provided by law.

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Nev. Rev. Stat. § 599B.080. Registration required. It is unlawful for any person to do business as a seller or salesperson in this State without being registered with the Division pursuant to the provisions of this chapter. For the purposes of this section, a person does business as a seller or salesperson in this State if he or she solicits or causes to be solicited a sale of goods or services or a donation from a location in this State or solicits persons in this State from a location outside this State.Nev. Rev. Stat. § 599B.080. Registration required. [Effective July 1, 2011.] It is unlawful for any person to do business as a seller or salesperson in this State without being registered with the Division pursuant to the provisions of this chapter. For the purposes of this section, a person does business as a seller or salesperson in this State if he or she solicits or causes to be solicited a sale of goods or services or a donation from a location in this State or solicits persons in this State from a location outside this State.

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Nev. Rev. Stat. § 599B.090. Registration of seller: Application; confidentiality of certain information; security; fee.1. An applicant for registration as a seller must submit to the Division, in such form as it prescribes, a written application for registration. The application must:

(a) Set forth the name of the applicant, including each name under which he or she intends to do business;

(b) Set forth the name of any parent or affiliated entity that:

(1) Will engage in a business or other transaction with the consumer relating to any sale or donation solicited by the applicant; or

(2) Accepts responsibility for any statement or act of the applicant relating to any sale or donation solicited by the applicant;

(c) Set forth the complete street address of each location, designating the principal location, from which the applicant will be doing business;

(d) Contain a list of all telephone numbers to be used by the applicant, with the address where each telephone using these numbers will be located;

(e) Set forth the name and address of each:

(1) Principal officer, director, trustee, shareholder, owner or partner of the applicant, and of each other person responsible for the management of the business of the applicant;

(2) Person responsible for a location from which the applicant will do business; and

(3) Salesperson to be employed by or otherwise associated with the applicant;

(f) Be accompanied by a copy of any:

(1) Script, outline or presentation the applicant will require a salesperson to use when soliciting or, if no such document is used, a statement to that effect;

(2) Sales or donation information or literature to be provided by the applicant to a salesperson, or of which the applicant will inform the salesperson; and

(3) Sales or donation information or literature to be provided by the applicant to a consumer in connection with any solicitation;

(g) If the applicant is a corporation, be signed by an officer of the corporation; and

(h) If the applicant is a natural person, be completed personally by the applicant.

2. Any material submitted pursuant to paragraph (f) of subsection 1 is submitted for the records of the Division and not for the approval of the Division.

3. The information provided pursuant to paragraph (f) of subsection 1 by an applicant for registration as a seller is confidential and may only be released to a law enforcement agency, to a court of competent jurisdiction, by order of a court of competent jurisdiction or pursuant to NRS 239.0115.

4. If the applicant is other than a natural person, or if any parent or affiliated entity is identified pursuant to paragraph (b) of subsection 1, the applicant must, for itself and any such entity, identify its place of organization and:

(a) In the case of a partnership, provide a copy of any written partnership agreement; or

(b) In the case of a corporation, provide a copy of its articles of incorporation and bylaws.

5. An application filed pursuant to this section must be verified and accompanied by:

(a) A bond, letter of credit or certificate of deposit satisfying the requirements of NRS 599B.100;

(b) A fee for registration in the amount of $6,000;

(c) If subsection 6 applies, the additional bond, letter of credit or certificate of deposit and the additional fee required by that subsection; and

(d) A copy of:

(1) The work card issued to the seller pursuant to subsection 1 of NRS 599B.115, if the seller is required to obtain a work card; and

(2) The work cards of any other persons associated with the seller who are required to obtain work cards pursuant to subsection 2 of NRS 599B.115.

6. If an applicant intends to do business under any assumed or fictitious name, he or she must, for each such name:

(a) File an additional bond, letter of credit or certificate of deposit satisfying the requirements of NRS 599B.100; and

(b) Pay an additional fee for registration in the amount of $6,000.
Nev. Rev. Stat. § 599B.090. Registration of seller: Application; confidentiality of certain information; security; fee. [Effective July 1, 2011.] 1. An applicant for registration as a seller must submit to the Division, in such form as it prescribes, a written application for registration. The application must:

(a) Set forth the name of the applicant, including each name under which he or she intends to do business;

(b) Set forth the name of any parent or affiliated entity that:

(1) Will engage in a business or other transaction with the consumer relating to any sale or donation solicited by the applicant; or

(2) Accepts responsibility for any statement or act of the applicant relating to any sale or donation solicited by the applicant;

(c) Set forth the complete street address of each location, designating the principal location, from which the applicant will be doing business;

(d) Contain a list of all telephone numbers to be used by the applicant, with the address where each telephone using these numbers will be located;

(e) Set forth the name and address of each:

(1) Principal officer, director, trustee, shareholder, owner or partner of the applicant, and of each other person responsible for the management of the business of the applicant;

(2) Person responsible for a location from which the applicant will do business; and

(3) Salesperson to be employed by or otherwise associated with the applicant;

(f) Be accompanied by a copy of any:

(1) Script, outline or presentation the applicant will require a salesperson to use when soliciting or, if no such document is used, a statement to that effect;

(2) Sales or donation information or literature to be provided by the applicant to a salesperson, or of which the applicant will inform the salesperson; and

(3) Sales or donation information or literature to be provided by the applicant to a consumer in connection with any solicitation;

(g) If the applicant is a corporation, be signed by an officer of the corporation; and

(h) If the applicant is a natural person, be completed personally by the applicant.

2. Any material submitted pursuant to paragraph (f) of subsection 1 is submitted for the records of the Division and not for the approval of the Division.

3. The information provided pursuant to paragraph (f) of subsection 1 by an applicant for registration as a seller is confidential and may only be released to a law enforcement agency, to a court of competent jurisdiction, by order of a court of competent jurisdiction or pursuant to NRS 239.0115.

4. If the applicant is other than a natural person, or if any parent or affiliated entity is identified pursuant to paragraph (b) of subsection 1, the applicant must, for itself and any such entity, identify its place of organization and:

(a) In the case of a partnership, provide a copy of any written partnership agreement; or

(b) In the case of a corporation, provide a copy of its articles of incorporation and bylaws.

5. An application filed pursuant to this section must be verified and accompanied by:

(a) A bond, letter of credit or certificate of deposit satisfying the requirements of NRS 599B.100;

(b) A fee for registration in the amount of $6,000;

(c) If subsection 6 applies, the additional bond, letter of credit or certificate of deposit and the additional fee required by that subsection; and

(d) A copy of:

(1) The work card issued to the seller pursuant to subsection 1 of NRS 599B.115, if the seller is required to obtain a work card; and

(2) The work cards of any other persons associated with the seller who are required to obtain work cards pursuant to subsection 2 of NRS 599B.115.

6. If an applicant intends to do business under any assumed or fictitious name, he or she must, for each such name:

(a) File an additional bond, letter of credit or certificate of deposit satisfying the requirements of NRS 599B.100; and

(b) Pay an additional fee for registration in the amount of $6,000.

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Nev. Rev. Stat. § 599B.100. Registration of seller: Form and amount of security; release of security. 1. An application filed pursuant to NRS 599B.090 must be accompanied by:

(a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this state;

(b) An irrevocable letter of credit issued for the benefit of the applicant by a bank whose deposits are insured by an agency of the Federal Government; or

(c) A certificate of deposit in a financial institution insured by an agency of the Federal Government or by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the Commissioner, except that the interest may accrue to the applicant.

2. The amount of the bond, letter of credit or certificate of deposit must be $50,000, and the bond, letter of credit or certificate of deposit must be conditioned upon compliance by the applicant with the provisions of this chapter.

3. The amount of the security required to be filed by the seller may be increased to not more than $250,000 as part of an assurance of discontinuance accepted by the Attorney General pursuant to NRS 599B.235.

4. If, after a registration certificate is issued, the amount of the bond, letter of credit or certificate of deposit which secures the registration falls below the amount that is required by subsection 2 or the amount determined by the Commissioner pursuant to subsection 3, the seller shall be deemed not to be registered pursuant to this chapter for the purposes of NRS 599B.080.

5. The term of any bond, letter of credit or certificate of deposit, or any renewal thereof, must not be less than 1 year.

6. The Commissioner may reject any bond, letter of credit or certificate of deposit which fails to conform to the requirements of this section.

7. A seller may change the form of the security. If a seller changes the form of the security, the Commissioner may retain for not more than 1 year all or a portion of the security previously filed by the seller as security for claims arising at the time the security was in effect.

8. If no claims have been filed against the bond, letter of credit or certificate of deposit within 6 months after the registrant ceases to operate or his or her registration expires, whichever occurs later, the Commissioner shall release the bond, letter of credit or certificate of deposit to the registrant and shall not audit any claims filed thereafter by consumers. If one or more claims have been filed against the bond, letter of credit or certificate of deposit within 6 months after the registrant ceases to operate or his or her registration expires, whichever occurs later, the proceeds must not be released to the registrant or distributed to any consumer earlier than 1 year after the registrant ceases to operate or his or her registration expires, whichever occurs later. The Division shall not audit any claims which are filed pursuant to NRS 599B.105 more than 1 year after the registrant ceases to operate or his or her registration expires, whichever occurs later. For the purposes of this subsection, the Commissioner shall determine the date on which a registrant ceases to operate.
Nev. Rev. Stat. § 599B.100. Registration of seller: Form and amount of security; release of security. [Effective July 1, 2011.] 1. An application filed pursuant to NRS 599B.090 must be accompanied by:

(a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this state;

(b) An irrevocable letter of credit issued for the benefit of the applicant by a bank whose deposits are insured by an agency of the Federal Government; or

(c) A certificate of deposit in a financial institution insured by an agency of the Federal Government or by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the Commissioner, except that the interest may accrue to the applicant.

2. The amount of the bond, letter of credit or certificate of deposit must be $50,000, and the bond, letter of credit or certificate of deposit must be conditioned upon compliance by the applicant with the provisions of this chapter.

3. The amount of the security required to be filed by the seller may be increased to not more than $250,000 as part of an assurance of discontinuance accepted by the Attorney General pursuant to NRS 599B.235.

4. If, after a registration certificate is issued, the amount of the bond, letter of credit or certificate of deposit which secures the registration falls below the amount that is required by subsection 2 or the amount determined by the Commissioner pursuant to subsection 3, the seller shall be deemed not to be registered pursuant to this chapter for the purposes of NRS 599B.080.

5. The term of any bond, letter of credit or certificate of deposit, or any renewal thereof, must not be less than 1 year.

6. The Commissioner may reject any bond, letter of credit or certificate of deposit which fails to conform to the requirements of this section.

7. A seller may change the form of the security. If a seller changes the form of the security, the Commissioner may retain for not more than 1 year all or a portion of the security previously filed by the seller as security for claims arising at the time the security was in effect.

8. If no claims have been filed against the bond, letter of credit or certificate of deposit within 6 months after the registrant ceases to operate or his or her registration expires, whichever occurs later, the Commissioner shall release the bond, letter of credit or certificate of deposit to the registrant and shall not audit any claims filed thereafter by consumers. If one or more claims have been filed against the bond, letter of credit or certificate of deposit within 6 months after the registrant ceases to operate or his or her registration expires, whichever occurs later, the proceeds must not be released to the registrant or distributed to any consumer earlier than 1 year after the registrant ceases to operate or his or her registration expires, whichever occurs later. The Division shall not audit any claims which are filed pursuant to NRS 599B.105 more than 1 year after the registrant ceases to operate or his or her registration expires, whichever occurs later. For the purposes of this subsection, the Commissioner shall determine the date on which a registrant ceases to operate.

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Nev. Rev. Stat. § 599B.105. Rights and remedies of injured consumer; resolution by Division of claims against security; regulations. 1. The bond, letter of credit or certificate of deposit filed pursuant to NRS 599B.100 must be held in trust for consumers injured by the seller.

2. Any consumer who is injured by the bankruptcy of the seller or his or her breach of any agreement entered into in his or her capacity as a registrant may bring and maintain an action to recover against the bond, letter of credit or certificate of deposit.

3. In addition to the remedy provided by subsection 2, a consumer may file with the Division a claim against a bond, letter of credit or certificate of deposit filed pursuant to NRS 599B.100 if he or she:

(a) Has purchased or received goods or services from a registrant;

(b) Was harmed by that registrant’s breach of any agreement entered into in his or her capacity as a registrant; and

(c) Can show that he or she is entitled to a refund pursuant to subsection 1 of NRS 599B.190.

Ê No other person is entitled to bring an action against the bond, letter of credit or certificate of deposit pursuant to this subsection.

4. The Division shall audit each claim to determine whether the consumer is entitled to receive a refund pursuant to subsection 1 of NRS 599B.190. The Division may request the consumer and the registrant, or either of them, to provide information to assist in the audit.

5. After the Division has completed its audit, it shall schedule a hearing and notify the registrant and the consumer of its intent to take action or to decline to take action. If the Division decides that it will take action against the bond, letter of credit or certificate of deposit, it shall notify the registrant not less than 10 days before the date set for the hearing to appear and show cause why the Division should not take the intended action. If the Division decides that it will not take action against the bond, letter of credit or certificate of deposit of a registrant on behalf of the consumer, the Division shall notify the consumer not less than 10 days before the date set for the hearing to appear and show cause why the Division should not decline to take action.

6. If, upon hearing, the Commissioner determines that there are sufficient grounds to take the intended action against the bond, letter of credit or certificate of deposit, or if the registrant or the consumer fails to appear and show cause why the Division should not take the intended action, the Commissioner shall take the action provided for in the Division’s notice of intended action.

7. The Division shall not distribute or cause to be distributed to the consumer more than the actual amount of money that the consumer paid for the product, service or premium. The Division shall not distribute or cause to be distributed to the consumer the value of a premium if the value exceeds the amount paid by the consumer.

8. Except as otherwise provided in subsection 10, if the total amount of money awarded to consumers against a bond does not exceed the amount of that bond, the surety on the bond shall distribute the money from the bond to the consumers according to the terms of the order of the Commissioner and is thereby relieved of all liability pursuant to the bond.

9. If the total amount of money awarded to consumers against a bond exceeds the amount of that bond, or if the security is held in the form of a letter of credit or a certificate of deposit, the surety on the bond or the issuer of the letter of credit or certificate of deposit shall deposit the amount of the security with the Division and is thereby relieved of all liability pursuant thereto. Except as otherwise provided in subsection 10, the Division shall distribute to each consumer his or her pro rata share of the proceeds of the bond, letter of credit or certificate of deposit.

10. Before distributing the proceeds of the bond, letter of credit or certificate of deposit to the consumer, the Division:

(a) Shall allow the registrant a reasonable amount of time within which to resolve the claims.

(b) Is entitled to deduct from the proceeds of the bond, letter of credit or certificate of deposit the Division’s or Commissioner’s costs of hearing, auditing and determining the claim, including attorney’s fees.

11. A consumer who receives less than a full refund may bring an action in a court of competent jurisdiction against the registrant to recover the unpaid balance.

12. The Commissioner may adopt regulations regarding the distribution of the money to claimants pursuant to this section, including the conduct of hearings relating to such distributions.
Nev. Rev. Stat. § 599B.105. Rights and remedies of injured consumer; resolution by Division of claims against security; regulations. [Effective July 1, 2011.] 1. The bond, letter of credit or certificate of deposit filed pursuant to NRS 599B.100 must be held in trust for consumers injured by the seller.

2. Any consumer who is injured by the bankruptcy of the seller or his or her breach of any agreement entered into in his or her capacity as a registrant may bring and maintain an action to recover against the bond, letter of credit or certificate of deposit.

3. In addition to the remedy provided by subsection 2, a consumer may file with the Division a claim against a bond, letter of credit or certificate of deposit filed pursuant to NRS 599B.100 if he or she:

(a) Has purchased or received goods or services from a registrant;

(b) Was harmed by that registrant’s breach of any agreement entered into in his or her capacity as a registrant; and

(c) Can show that he or she is entitled to a refund pursuant to subsection 1 of NRS 599B.190.

Ê No other person is entitled to bring an action against the bond, letter of credit or certificate of deposit pursuant to this subsection.

4. The Division shall audit each claim to determine whether the consumer is entitled to receive a refund pursuant to subsection 1 of NRS 599B.190. The Division may request the consumer and the registrant, or either of them, to provide information to assist in the audit.

5. After the Division has completed its audit, it shall schedule a hearing and notify the registrant and the consumer of its intent to take action or to decline to take action. If the Division decides that it will take action against the bond, letter of credit or certificate of deposit, it shall notify the registrant not less than 10 days before the date set for the hearing to appear and show cause why the Division should not take the intended action. If the Division decides that it will not take action against the bond, letter of credit or certificate of deposit of a registrant on behalf of the consumer, the Division shall notify the consumer not less than 10 days before the date set for the hearing to appear and show cause why the Division should not decline to take action.

6. If, upon hearing, the Commissioner determines that there are sufficient grounds to take the intended action against the bond, letter of credit or certificate of deposit, or if the registrant or the consumer fails to appear and show cause why the Division should not take the intended action, the Commissioner shall take the action provided for in the Division’s notice of intended action.

7. The Division shall not distribute or cause to be distributed to the consumer more than the actual amount of money that the consumer paid for the product, service or premium. The Division shall not distribute or cause to be distributed to the consumer the value of a premium if the value exceeds the amount paid by the consumer.

8. Except as otherwise provided in subsection 10, if the total amount of money awarded to consumers against a bond does not exceed the amount of that bond, the surety on the bond shall distribute the money from the bond to the consumers according to the terms of the order of the Commissioner and is thereby relieved of all liability pursuant to the bond.

9. If the total amount of money awarded to consumers against a bond exceeds the amount of that bond, or if the security is held in the form of a letter of credit or a certificate of deposit, the surety on the bond or the issuer of the letter of credit or certificate of deposit shall deposit the amount of the security with the Division and is thereby relieved of all liability pursuant thereto. Except as otherwise provided in subsection 10, the Division shall distribute to each consumer his or her pro rata share of the proceeds of the bond, letter of credit or certificate of deposit.

10. Before distributing the proceeds of the bond, letter of credit or certificate of deposit to the consumer, the Division:

(a) Shall allow the registrant a reasonable amount of time within which to resolve the claims.

(b) Is entitled to deduct from the proceeds of the bond, letter of credit or certificate of deposit the Division’s or Commissioner’s costs of hearing, auditing and determining the claim, including attorney’s fees.

11. A consumer who receives less than a full refund may bring an action in a court of competent jurisdiction against the registrant to recover the unpaid balance.

12. The Commissioner may adopt regulations regarding the distribution of the money to claimants pursuant to this section, including the conduct of hearings relating to such distributions.

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Nev. Rev. Stat. § 599B.110. Registration of seller: Disclosure of certain convictions, judgments and orders concerning responsible persons. 1. With respect to any person identified pursuant to subparagraph (1) or (2) of paragraph (e) of subsection 1 of NRS 599B.090, an applicant for registration as a seller must state in his or her application the identity of any person who:

(a) Has been convicted of racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion or misappropriation of property;

(b) Has had entered against him or her a final judgment or order, including a stipulated judgment or order, in any civil or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent conversion or misappropriation of property, the use of any untrue or misleading representation in an attempt to sell or dispose of real or personal property, or the use of any unfair, unlawful or deceptive trade practice;

(c) Is subject to any currently effective injunction or restrictive court order relating to a business activity as the result of any action brought by a federal, state or local agency, including any action affecting any license or registration authorizing him or her to do business or practice an occupation or trade;

(d) Has at any time during the previous 7 years filed in bankruptcy, been adjudged bankrupt or been reorganized because of insolvency; or

(e) Has been a principal, director, officer or trustee of, or a general or limited partner in, or had responsibilities as a manager in, any corporation, partnership, joint venture or other entity that filed in bankruptcy, was adjudged bankrupt or was reorganized because of insolvency within 1 year after the person held that position.

2. For any person described in subsection 1, the applicant must:

(a) Identify the court or administrative agency rendering the conviction, judgment or order against the person;

(b) Provide the docket number of the matter, the date of the conviction, judgment or order and the name of the governmental agency, if any, that brought the action resulting in the conviction, judgment or order; and

(c) For any person described in paragraph (e) of that subsection, provide the name and address of the person filing in bankruptcy, adjudged bankrupt or reorganized because of insolvency, the date of the action, the court which exercised jurisdiction and the docket number of the matter.
Nev. Rev. Stat. § 599B.110. Registration of seller: Disclosure of certain convictions, judgments and orders concerning responsible persons. [Effective July 1, 2011.] 1. With respect to any person identified pursuant to subparagraph (1) or (2) of paragraph (e) of subsection 1 of NRS 599B.090, an applicant for registration as a seller must state in his or her application the identity of any person who:

(a) Has been convicted of racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion or misappropriation of property;

(b) Has had entered against him or her a final judgment or order, including a stipulated judgment or order, in any civil or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent conversion or misappropriation of property, the use of any untrue or misleading representation in an attempt to sell or dispose of real or personal property, or the use of any unfair, unlawful or deceptive trade practice;

(c) Is subject to any currently effective injunction or restrictive court order relating to a business activity as the result of any action brought by a federal, state or local agency, including any action affecting any license or registration authorizing him or her to do business or practice an occupation or trade;

(d) Has at any time during the previous 7 years filed in bankruptcy, been adjudged bankrupt or been reorganized because of insolvency; or

(e) Has been a principal, director, officer or trustee of, or a general or limited partner in, or had responsibilities as a manager in, any corporation, partnership, joint venture or other entity that filed in bankruptcy, was adjudged bankrupt or was reorganized because of insolvency within 1 year after the person held that position.

2. For any person described in subsection 1, the applicant must:

(a) Identify the court or administrative agency rendering the conviction, judgment or order against the person;

(b) Provide the docket number of the matter, the date of the conviction, judgment or order and the name of the governmental agency, if any, that brought the action resulting in the conviction, judgment or order; and

(c) For any person described in paragraph (e) of that subsection, provide the name and address of the person filing in bankruptcy, adjudged bankrupt or reorganized because of insolvency, the date of the action, the court which exercised jurisdiction and the docket number of the matter.

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Nev. Rev. Stat. § 599B.115. Registration of seller: Work card required for applicant and certain other persons; exceptions; issuance and renewal of work card; fingerprints.1. Except as otherwise provided in subsection 5, each applicant for registration as a seller must obtain a work card issued pursuant to subsection 3 by the sheriff of the county in which the business of the applicant is located.

2. Except as otherwise provided in subsection 5, each principal officer, director, trustee, shareholder, owner, partner and employee of a seller, and each salesperson associated with a seller who is not an employee of the seller, must obtain a work card issued pursuant to subsection 3 by the sheriff of the county in which the business of the seller is located that authorizes his or her association with the seller.

3. The sheriff of a county shall issue a work card to each person who is required by this section to obtain a work card and who complies with the requirements established by the sheriff for the issuance of such a card. A work card issued pursuant to this section must be renewed each year.

4. If the sheriff of a county requires an applicant for a work card to be investigated, the applicant must submit with his or her application a complete set of his or her fingerprints which the sheriff may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of the applicant.

5. A person who is licensed or registered pursuant to chapter 119A or 645 of NRS is not required to obtain a work card pursuant to this section.
Nev. Rev. Stat. § 599B.115. Registration of seller: Work card required for applicant and certain other persons; exceptions; issuance and renewal of work card; fingerprints. [Effective July 1, 2011.] 1. Except as otherwise provided in subsection 5, each applicant for registration as a seller must obtain a work card issued pursuant to subsection 3 by the sheriff of the county in which the business of the applicant is located.

2. Except as otherwise provided in subsection 5, each principal officer, director, trustee, shareholder, owner, partner and employee of a seller, and each salesperson associated with a seller who is not an employee of the seller, must obtain a work card issued pursuant to subsection 3 by the sheriff of the county in which the business of the seller is located that authorizes his or her association with the seller.

3. The sheriff of a county shall issue a work card to each person who is required by this section to obtain a work card and who complies with the requirements established by the sheriff for the issuance of such a card. A work card issued pursuant to this section must be renewed each year.

4. If the sheriff of a county requires an applicant for a work card to be investigated, the applicant must submit with his or her application a complete set of his or her fingerprints which the sheriff may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of the applicant.

5. A person who is licensed or registered pursuant to chapter 119A or 645 of NRS is not required to obtain a work card pursuant to this section.

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Nev. Rev. Stat. § 599B.120. Registration of salesman: Application; statement of seller; fee. 1. An applicant for registration as a salesman must submit to the division, in such form as it prescribes, a written application for registration. The application must set forth the following information:

(a) The name, age and address of the applicant.

(b) If the applicant is a natural person, the social security number of the applicant.

(c) Each business or occupation engaged in by the applicant during the 2 years immediately preceding the date of the application, and the location thereof.

(d) The previous experience of the applicant as a salesman.

(e) Whether the applicant has previously been arrested for, convicted of or is under indictment for a felony and, if so, the nature of the felony.

(f) Whether the applicant has previously been convicted of or is under indictment for forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any other crime involving moral turpitude.

(g) Whether the applicant has previously been convicted of acting as a salesman without registration or a license, or whether such a registration or license has previously been refused, revoked or suspended in any jurisdiction.

2. Except as otherwise provided in this subsection, an application filed pursuant to this section must be verified and be accompanied by:

(a) A verified statement of the seller with whom the salesman will be associated, expressing the intention of the seller to associate the salesman with him and to be responsible for the activities of the salesman as a registrant;

(b) If the applicant is a natural person, the statement required pursuant to NRS 599B.125; and

(c) A fee for registration in the amount of $100.

The fee may be paid after the application is filed, but must be paid within 14 days after the applicant begins work as a salesman.

3. Any application for registration made by a natural person must be completed personally by the applicant. An application made by a corporation must be signed by an officer of the corporation.
Nev. Rev. Stat. § 599B.120. Registration of salesperson: Application; statement of seller; fee. [Effective July 1, 2011, and until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] 1. An applicant for registration as a salesperson must submit to the Division, in such form as it prescribes, a written application for registration. The application must set forth the following information:

(a) The name, age and address of the applicant.

(b) If the applicant is a natural person, the social security number of the applicant.

(c) Each business or occupation engaged in by the applicant during the 2 years immediately preceding the date of the application, and the location thereof.

(d) The previous experience of the applicant as a salesperson.

(e) Whether the applicant has previously been arrested for, convicted of or is under indictment for a felony and, if so, the nature of the felony.

(f) Whether the applicant has previously been convicted of or is under indictment for forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any other crime involving moral turpitude.

(g) Whether the applicant has previously been convicted of acting as a salesperson without registration or a license, or whether such a registration or license has previously been refused, revoked or suspended in any jurisdiction.

2. Except as otherwise provided in this subsection, an application filed pursuant to this section must be verified and be accompanied by:

(a) A verified statement of the seller with whom the salesperson will be associated, expressing the intention of the seller to associate the salesperson with him or her and to be responsible for the activities of the salesperson as a registrant;

(b) If the applicant is a natural person, the statement required pursuant to NRS 599B.125; and

(c) A fee for registration in the amount of $100.

Ê The fee may be paid after the application is filed, but must be paid within 14 days after the applicant begins work as a salesperson.

3. Any application for registration made by a natural person must be completed personally by the applicant. An application made by a corporation must be signed by an officer of the corporation.

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Nev. Rev. Stat. § 599B.120. Registration of salesman: Application; statement of seller; fee. (version 1)1. An applicant for registration as a salesman must submit to the division, in such form as it prescribes, a written application for registration. The application must set forth the following information:

(a) The name, age and address of the applicant.

(b) Each business or occupation engaged in by the applicant during the 2 years immediately preceding the date of the application, and the location thereof.

(c) The previous experience of the applicant as a salesman.

(d) Whether the applicant has previously been arrested for, convicted of or is under indictment for a felony and, if so, the nature of the felony.

(e) Whether the applicant has previously been convicted of or is under indictment for forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any other crime involving moral turpitude.

(f) Whether the applicant has previously been convicted of acting as a salesman without registration or a license, or whether such a registration or license has previously been refused, revoked or suspended in any jurisdiction.

2. Except as otherwise provided in this subsection, an application filed pursuant to this section must be verified and be accompanied by:

(a) A verified statement of the seller with whom the salesman will be associated, expressing the intention of the seller to associate the salesman with him and to be responsible for the activities of the salesman as a registrant; and

(b) A fee for registration in the amount of $100.

The fee may be paid after the application is filed, but must be paid within 14 days after the applicant begins work as a salesman.

3. Any application for registration made by a natural person must be completed personally by the applicant. An application made by a corporation must be signed by an officer of the corporation.
Nev. Rev. Stat. § 599B.120. Registration of salesperson: Application; statement of seller; fee. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings, or on July 1, 2011, whichever is later.] 1. An applicant for registration as a salesperson must submit to the Division, in such form as it prescribes, a written application for registration. The application must set forth the following information:

(a) The name, age and address of the applicant.

(b) Each business or occupation engaged in by the applicant during the 2 years immediately preceding the date of the application, and the location thereof.

(c) The previous experience of the applicant as a salesperson.

(d) Whether the applicant has previously been arrested for, convicted of or is under indictment for a felony and, if so, the nature of the felony.

(e) Whether the applicant has previously been convicted of or is under indictment for forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any other crime involving moral turpitude.

(f) Whether the applicant has previously been convicted of acting as a salesperson without registration or a license, or whether such a registration or license has previously been refused, revoked or suspended in any jurisdiction.

2. Except as otherwise provided in this subsection, an application filed pursuant to this section must be verified and be accompanied by:

(a) A verified statement of the seller with whom the salesperson will be associated, expressing the intention of the seller to associate the salesperson with him or her and to be responsible for the activities of the salesperson as a registrant; and

(b) A fee for registration in the amount of $100.

Ê The fee may be paid after the application is filed, but must be paid within 14 days after the applicant begins work as a salesperson.

3. Any application for registration made by a natural person must be completed personally by the applicant. An application made by a corporation must be signed by an officer of the corporation.

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Nev. Rev. Stat. § 599B.125. Statement regarding payment of child support by applicant for registration certificate; grounds for denial of registration certificate; duty of division. (version 2)1. A natural person who applies for the issuance or renewal of a registration certificate as a salesperson for a seller shall submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Division shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the registration certificate; or

(b) A separate form prescribed by the Division.

3. A registration certificate as a salesperson for a seller may not be issued or renewed by the Division if the applicant is a natural person who:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Nev. Rev. Stat. § 599B.125. Statement regarding payment of child support by applicant for registration certificate; grounds for denial of registration certificate; duty of Division. [Effective July 1, 2011, and until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] 1. A natural person who applies for the issuance or renewal of a registration certificate as a salesperson for a seller shall submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Division shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the registration certificate; or

(b) A separate form prescribed by the Division.

3. A registration certificate as a salesperson for a seller may not be issued or renewed by the Division if the applicant is a natural person who:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

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Nev. Rev. Stat. § 599B.130. Issuance and display of registration certificate. 1. The Division shall issue to each registrant a registration certificate in such form and size as is prescribed by the Division and, in the case of a seller, shall issue a registration certificate for each location at which the seller proposes to do business. Each registration certificate must show the name and address of the registrant and, in the case of a salesperson’s registration certificate, must set forth the name of the seller with whom the salesperson will be associated.

2. Each registrant shall prominently display his or her registration certificate at the location where he or she does business.
Nev. Rev. Stat. § 599B.130. Issuance and display of registration certificate. [Effective July 1, 2011.]1. The Division shall issue to each registrant a registration certificate in such form and size as is prescribed by the Division and, in the case of a seller, shall issue a registration certificate for each location at which the seller proposes to do business. Each registration certificate must show the name and address of the registrant and, in the case of a salesperson’s registration certificate, must set forth the name of the seller with whom the salesperson will be associated.

2. Each registrant shall prominently display his or her registration certificate at the location where he or she does business.

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Nev. Rev. Stat. § 599B.140. Renewal of registration. 1. Each person registered pursuant to the provisions of this chapter must renew his or her registration annually by:

(a) Paying the fee for registration;

(b) Submitting to the Division the application required by NRS 599B.090 or 599B.120, whichever applies; and

(c) If the person is a seller, submitting to the Division:

(1) A copy of the work card obtained by:

(I) The seller pursuant to subsection 1 of NRS 599B.115; and

(II) Each principal officer, director, trustee, shareholder, owner, partner and employee of the seller, and each salesperson associated with the seller who is not an employee of the seller, pursuant to subsection 2 of NRS 599B.115; and

(2) If applicable, a statement listing each person who, pursuant to subsection 5 of NRS 599B.115, is not required to obtain a work card.

2. Registration expires on the anniversary of the issuance of the registration. A registrant who wishes to renew his or her registration must do so on or before the date his or her registration expires.

3. For the purposes of NRS 599B.080, a person who fails to renew his or her registration within the time required by this section is not registered pursuant to this chapter.

4. Except as otherwise provided in NRS 599B.160, if any material change in the information submitted for registration occurs before the date for renewal, a registrant shall submit that information to the Division within 10 days after the registrant obtains knowledge of the change.
Nev. Rev. Stat. § 599B.140. Renewal of registration. [Effective July 1, 2011.] 1. Each person registered pursuant to the provisions of this chapter must renew his or her registration annually by:

(a) Paying the fee for registration;

(b) Submitting to the Division the application required by NRS 599B.090 or 599B.120, whichever applies; and

(c) If the person is a seller, submitting to the Division:

(1) A copy of the work card obtained by:

(I) The seller pursuant to subsection 1 of NRS 599B.115; and

(II) Each principal officer, director, trustee, shareholder, owner, partner and employee of the seller, and each salesperson associated with the seller who is not an employee of the seller, pursuant to subsection 2 of NRS 599B.115; and

(2) If applicable, a statement listing each person who, pursuant to subsection 5 of NRS 599B.115, is not required to obtain a work card.

2. Registration expires on the anniversary of the issuance of the registration. A registrant who wishes to renew his or her registration must do so on or before the date his or her registration expires.

3. For the purposes of NRS 599B.080, a person who fails to renew his or her registration within the time required by this section is not registered pursuant to this chapter.

4. Except as otherwise provided in NRS 599B.160, if any material change in the information submitted for registration occurs before the date for renewal, a registrant shall submit that information to the Division within 10 days after the registrant obtains knowledge of the change.

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Nev. Rev. Stat. § 599B.143. Suspension of registration certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration certificate. 1. If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been registered by the Division as a salesperson of a seller, the Division shall deem the person’s registration to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been registered stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Division shall reinstate a registration certificate as a salesperson for a seller that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose registration was suspended stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Nev. Rev. Stat. § 599B.143. Suspension of registration certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration certificate. [Effective July 1, 2011, and until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] 1. If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been registered by the Division as a salesperson of a seller, the Division shall deem the person’s registration to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been registered stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Division shall reinstate a registration certificate as a salesperson for a seller that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose registration was suspended stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

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Nev. Rev. Stat. § 599B.145. Payment and refund of fees for registration. 1. The fees for registration required by NRS 599B.090, 599B.120 and 599B.140 must be paid in cash or by certified check or money order.

2. A fee for registration must not be refunded, except that all or part of the fee may be refunded if the Commissioner rejects an application for registration because the application is incomplete.
Nev. Rev. Stat. § 599B.145. Payment and refund of fees for registration. [Effective July 1, 2011.] 1. The fees for registration required by NRS 599B.090, 599B.120 and 599B.140 must be paid in cash or by certified check or money order.

2. A fee for registration must not be refunded, except that all or part of the fee may be refunded if the Commissioner rejects an application for registration because the application is incomplete.

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Nev. Rev. Stat. § 599B.150. Association of salesman with more than one seller prohibited; seller to cooperate in investigations.1. No salesman may be associated with or employed by more than one seller at the same time.

2. A seller shall cooperate fully with the commissioner in any investigation made by him concerning an alleged violation of the provisions of this chapter by a salesman.
Nev. Rev. Stat. § 599B.150. Association of salesperson with more than one seller prohibited; seller to cooperate in investigations. [Effective through June 30, 2011.]
1. No salesperson may be associated with or employed by more than one seller at the same time.

2. A seller shall cooperate fully with the Attorney General in any investigation made by the Attorney General concerning an alleged violation of the provisions of this chapter by a salesperson.

[Effective July 1, 2011.]
1. No salesperson may be associated with or employed by more than one seller at the same time.

2. A seller shall cooperate fully with the Commissioner in any investigation made by the Commissioner concerning an alleged violation of the provisions of this chapter by a salesperson.

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Nev. Rev. Stat. § 599B.160. Submission to Division of change in material or presentation used in solicitation. If any change is made to any script, outline, presentation or sales or donation information or literature used by a registrant in connection with any solicitation, the new or revised material must be submitted by the registrant to the division before such material is used.Nev. Rev. Stat. § 599B.160. Submission to Division of change in material or presentation used in solicitation. [Effective through June 30, 2011.]
If any change is made to any script, outline, presentation or sales or donation information or literature used by a seller or salesperson in connection with any solicitation, the new or revised material must be submitted by the seller or salesperson to the Attorney General before such material is used.

[Effective July 1, 2011.]
If any change is made to any script, outline, presentation or sales or donation information or literature used by a registrant in connection with any solicitation, the new or revised material must be submitted by the registrant to the Division before such material is used.

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Nev. Rev. Stat. § 599B.170. Required disclosures by salesman; restrictions on representations regarding premiums.1. During any solicitation or sales presentation made by him, or in any correspondence written in connection with a sale, a salesman shall:

(a) Identify himself by stating his true name;

(b) Identify the seller by whom he is employed; and

(c) State the purpose of his call.

2. During any solicitation or sales presentation made by him, or in any correspondence written in connection with a registrant, a registrant shall disclose to a consumer:

(a) Any charge, including the amount associated with the use of any premium being offered;

(b) Any material restriction, requirement, condition, limitation or exception which is associated with the use of the premium; and

(c) Any charge connected with the sale of any goods or services.

3. A registrant shall not characterize a premium as a prize unless the consumer may receive the premium free of charge and without making any purchase.

4. A registrant shall inform each consumer of the time within which any premium will be delivered.

5. A registrant shall not make any representation of the number of premiums to be awarded in a sales promotion unless the representation accurately reflects the actual number of premiums that will be awarded.
Nev. Rev. Stat. § 599B.170. Required disclosures by salesperson; restrictions on representations regarding premiums. [Effective through June 30, 2011.]
1. During any solicitation or sales presentation made by him or her, or in any correspondence written in connection with a sale, a salesperson shall:

(a) Identify himself or herself by stating his or her true name;

(b) Identify the seller by whom he or she is employed; and

(c) State the purpose of his or her call.

2. During any solicitation or sales presentation made by him or her, or in any correspondence written in connection with a seller or salesperson, a seller or salesperson shall disclose to a consumer:

(a) Any charge, including the amount associated with the use of any premium being offered;

(b) Any material restriction, requirement, condition, limitation or exception which is associated with the use of the premium; and

(c) Any charge connected with the sale of any goods or services.

3. A seller or salesperson shall not characterize a premium as a prize unless the consumer may receive the premium free of charge and without making any purchase.

4. A seller or salesperson shall inform each consumer of the time within which any premium will be delivered.

5. A seller or salesperson shall not make any representation of the number of premiums to be awarded in a sales promotion unless the representation accurately reflects the actual number of premiums that will be awarded.

[Effective July 1, 2011.]
1. During any solicitation or sales presentation made by him or her, or in any correspondence written in connection with a sale, a salesperson shall:

(a) Identify himself or herself by stating his or her true name;

(b) Identify the seller by whom he or she is employed; and

(c) State the purpose of his or her call.

2. During any solicitation or sales presentation made by him or her, or in any correspondence written in connection with a registrant, a registrant shall disclose to a consumer:

(a) Any charge, including the amount associated with the use of any premium being offered;

(b) Any material restriction, requirement, condition, limitation or exception which is associated with the use of the premium; and

(c) Any charge connected with the sale of any goods or services.

3. A registrant shall not characterize a premium as a prize unless the consumer may receive the premium free of charge and without making any purchase.

4. A registrant shall inform each consumer of the time within which any premium will be delivered.

5. A registrant shall not make any representation of the number of premiums to be awarded in a sales promotion unless the representation accurately reflects the actual number of premiums that will be awarded.

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Nev. Rev. Stat. § 599B.180. Solicitation involving representation that consumer is or may be eligible to receive premium. If a seller expressly or impliedly represents to any consumer, directly or through a salesman, that the consumer is or may be eligible to receive any gift, premium, bonus or prize, however denominated, the seller shall:

1. Submit to the division a statement setting forth, for each item mentioned:

(a) A description of the item.

(b) The value or worth of the item and the basis for the valuation.

(c) All terms and conditions a consumer must satisfy in order to receive the item. The statement must be accompanied by a copy of the written statement of terms and conditions provided to consumers pursuant to subsection 3.

(d) If they are ascertainable, the odds, for a given consumer, of receiving the item.

(e) If a consumer is to receive fewer than all the items described by the seller:

(1) The manner in which the seller decides which item a given consumer is to receive.

(2) If they are ascertainable, the odds, for a given consumer, of receiving each item described.

(3) The name and address of each person who has, during the preceding 12 months or any portion thereof in which the seller has done business, received the item having the greatest value and the item with the smallest odds of being received.

2. Provide the following information to the consumer at the time of the solicitation:

(a) The complete address of the location and the telephone number from which the consumer is being called and, if different, the complete address of the principal location at which the seller does business.

(b) The information required by paragraphs (a) and (c) of subsection 1.

(c) If the seller elects to inform the consumer of the value or worth of the item, the information must be identical to that submitted pursuant to paragraph (b) of subsection 1, in exactly the form submitted.

(d) If the consumer is to receive fewer than all the items described by the seller, the information required by subparagraph (1) of paragraph (e) of subsection 1.

3. Advise the consumer, at the time of the solicitation, that he may obtain, without cost, a written statement of the terms and conditions he must satisfy in order to receive the item. If the consumer so requests, the seller shall send him such a statement, by mail, without cost to the consumer.
Nev. Rev. Stat. § 599B.180. Solicitation involving representation that consumer is or may be eligible to receive premium. [Effective through June 30, 2011.]
If a seller expressly or impliedly represents to any consumer, directly or through a salesperson, that the consumer is or may be eligible to receive any gift, premium, bonus or prize, however denominated, the seller shall:

1. Submit to the Attorney General a statement setting forth, for each item mentioned:

(a) A description of the item.

(b) The value or worth of the item and the basis for the valuation.

(c) All terms and conditions a consumer must satisfy in order to receive the item. The statement must be accompanied by a copy of the written statement of terms and conditions provided to consumers pursuant to subsection 3.

(d) If they are ascertainable, the odds, for a given consumer, of receiving the item.

(e) If a consumer is to receive fewer than all the items described by the seller:

(1) The manner in which the seller decides which item a given consumer is to receive.

(2) If they are ascertainable, the odds, for a given consumer, of receiving each item described.

(3) The name and address of each person who has, during the preceding 12 months or any portion thereof in which the seller has done business, received the item having the greatest value and the item with the smallest odds of being received.

2. Provide the following information to the consumer at the time of the solicitation:

(a) The complete address of the location and the telephone number from which the consumer is being called and, if different, the complete address of the principal location at which the seller does business.

(b) The information required by paragraphs (a) and (c) of subsection 1.

(c) If the seller elects to inform the consumer of the value or worth of the item, the information must be identical to that submitted pursuant to paragraph (b) of subsection 1, in exactly the form submitted.

(d) If the consumer is to receive fewer than all the items described by the seller, the information required by subparagraph (1) of paragraph (e) of subsection 1.

3. Advise the consumer, at the time of the solicitation, that he or she may obtain, without cost, a written statement of the terms and conditions he or she must satisfy in order to receive the item. If the consumer so requests, the seller shall send him or her such a statement, by mail, without cost to the consumer.

[Effective July 1, 2011.]
If a seller expressly or impliedly represents to any consumer, directly or through a salesperson, that the consumer is or may be eligible to receive any gift, premium, bonus or prize, however denominated, the seller shall:

1. Submit to the Division a statement setting forth, for each item mentioned:

(a) A description of the item.

(b) The value or worth of the item and the basis for the valuation.

(c) All terms and conditions a consumer must satisfy in order to receive the item. The statement must be accompanied by a copy of the written statement of terms and conditions provided to consumers pursuant to subsection 3.

(d) If they are ascertainable, the odds, for a given consumer, of receiving the item.

(e) If a consumer is to receive fewer than all the items described by the seller:

(1) The manner in which the seller decides which item a given consumer is to receive.

(2) If they are ascertainable, the odds, for a given consumer, of receiving each item described.

(3) The name and address of each person who has, during the preceding 12 months or any portion thereof in which the seller has done business, received the item having the greatest value and the item with the smallest odds of being received.

2. Provide the following information to the consumer at the time of the solicitation:

(a) The complete address of the location and the telephone number from which the consumer is being called and, if different, the complete address of the principal location at which the seller does business.

(b) The information required by paragraphs (a) and (c) of subsection 1.

(c) If the seller elects to inform the consumer of the value or worth of the item, the information must be identical to that submitted pursuant to paragraph (b) of subsection 1, in exactly the form submitted.

(d) If the consumer is to receive fewer than all the items described by the seller, the information required by subparagraph (1) of paragraph (e) of subsection 1.

3. Advise the consumer, at the time of the solicitation, that he or she may obtain, without cost, a written statement of the terms and conditions he or she must satisfy in order to receive the item. If the consumer so requests, the seller shall send him or her such a statement, by mail, without cost to the consumer.

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Nev. Rev. Stat. § 599B.185. Required disclosures when seller or salesperson solicits sale of investments. If a registrant solicits the sale of investments or opportunities for investment, he shall, during the oral sales presentation and in writing, inform the prospective consumer:

1. Of the manner in which the price of the offered item is determined;

2. Whether the registrant or his employer receives any financial advantage other than an agent's or brokerage fee; and

3. Of the amount of any agent's or brokerage fee.
Nev. Rev. Stat. § 599B.185. Required disclosures when seller or salesperson solicits sale of investments. [Effective through June 30, 2011.]
If a seller or salesperson solicits the sale of investments or opportunities for investment, he or she shall, during the oral sales presentation and in writing, inform the prospective consumer:

1. Of the manner in which the price of the offered item is determined;

2. Whether the seller or salesperson or his or her employer receives any financial advantage other than an agent’s or brokerage fee; and

3. Of the amount of any agent’s or brokerage fee.

[Effective July 1, 2011.]
If a registrant solicits the sale of investments or opportunities for investment, he or she shall, during the oral sales presentation and in writing, inform the prospective consumer:

1. Of the manner in which the price of the offered item is determined;

2. Whether the registrant or his or her employer receives any financial advantage other than an agent’s or brokerage fee; and

3. Of the amount of any agent’s or brokerage fee.

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Nev. Rev. Stat. § 599B.187. Requirements for use of chance promotion.1. A registrant shall not use a chance promotion unless each consumer is entitled to participate in the promotion without charge or payment of any kind.

2. A registrant shall, before describing any item offered in a chance promotion, inform each consumer that he may participate in the promotion without any obligation to purchase any goods or services.

3. If a consumer specifically requests the information and the odds are ascertainable, the registrant shall orally disclose the odds of receiving each item offered in the chance promotion. If such a request is made but the odds are not ascertainable, the registrant shall disclose the manner in which the items offered in the promotion are awarded.

4. A registrant shall not require or request the payment of any money as a condition of obtaining any premium offered in a chance promotion.

5. A registrant shall not require a person to perform any action or to supply any information to participate in a chance promotion, except that the registrant may require the person to submit a written request sent by first-class mail. A registrant may not require the person to supply any information other than his name, address and a list of the premiums available in the chance promotion.

6. If a premium is offered in a chance promotion, the registrant shall provide any such premium to each person who does not purchase goods or services from the registrant upon the same terms, including time of delivery, as are provided to the persons who do purchase goods or services from the registrant.

7. If requested, a registrant shall inform each person who does not purchase goods or services from the registrant of the manner in which the person can participate in the chance promotion.

8. Any registrant who uses a chance promotion shall:

(a) Furnish to the division information establishing the financial ability of the registrant to award all premiums to be given in the promotion.

(b) Award all premiums included in the promotion to bona fide recipients within 12 months after the promotion begins.

(c) Deliver the premiums to bona fide recipients within a reasonable time.
Nev. Rev. Stat. § 599B.187. Requirements for use of chance promotion. [Effective through June 30, 2011.]
1. A seller or salesperson shall not use a chance promotion unless each consumer is entitled to participate in the promotion without charge or payment of any kind.

2. A seller or salesperson shall, before describing any item offered in a chance promotion, inform each consumer that he or she may participate in the promotion without any obligation to purchase any goods or services.

3. If a consumer specifically requests the information and the odds are ascertainable, the seller or salesperson shall orally disclose the odds of receiving each item offered in the chance promotion. If such a request is made but the odds are not ascertainable, the seller or salesperson shall disclose the manner in which the items offered in the promotion are awarded.

4. A seller or salesperson shall not require or request the payment of any money as a condition of obtaining any premium offered in a chance promotion.

5. A seller or salesperson shall not require a person to perform any action or to supply any information to participate in a chance promotion, except that the seller or salesperson may require the person to submit a written request sent by first-class mail. A seller or salesperson may not require the person to supply any information other than his or her name, address and a list of the premiums available in the chance promotion.

6. If a premium is offered in a chance promotion, the seller or salesperson shall provide any such premium to each person who does not purchase goods or services from the seller or salesperson upon the same terms, including time of delivery, as are provided to the persons who do purchase goods or services from the seller or salesperson.

7. If requested, a seller or salesperson shall inform each person who does not purchase goods or services from the seller or salesperson of the manner in which the person can participate in the chance promotion.

8. Any seller or salesperson who uses a chance promotion shall:

(a) Furnish to the Attorney General information establishing the financial ability of the seller or salesperson to award all premiums to be given in the promotion.

(b) Award all premiums included in the promotion to bona fide recipients within 12 months after the promotion begins.

(c) Deliver the premiums to bona fide recipients within a reasonable time.

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Nev. Rev. Stat. § 599B.187. Requirements for use of chance promotion. [Effective July 1, 2011.]
1. A registrant shall not use a chance promotion unless each consumer is entitled to participate in the promotion without charge or payment of any kind.

2. A registrant shall, before describing any item offered in a chance promotion, inform each consumer that he or she may participate in the promotion without any obligation to purchase any goods or services.

3. If a consumer specifically requests the information and the odds are ascertainable, the registrant shall orally disclose the odds of receiving each item offered in the chance promotion. If such a request is made but the odds are not ascertainable, the registrant shall disclose the manner in which the items offered in the promotion are awarded.

4. A registrant shall not require or request the payment of any money as a condition of obtaining any premium offered in a chance promotion.

5. A registrant shall not require a person to perform any action or to supply any information to participate in a chance promotion, except that the registrant may require the person to submit a written request sent by first-class mail. A registrant may not require the person to supply any information other than his or her name, address and a list of the premiums available in the chance promotion.

6. If a premium is offered in a chance promotion, the registrant shall provide any such premium to each person who does not purchase goods or services from the registrant upon the same terms, including time of delivery, as are provided to the persons who do purchase goods or services from the registrant.

7. If requested, a registrant shall inform each person who does not purchase goods or services from the registrant of the manner in which the person can participate in the chance promotion.

8. Any registrant who uses a chance promotion shall:

(a) Furnish to the Division information establishing the financial ability of the registrant to award all premiums to be given in the promotion.

(b) Award all premiums included in the promotion to bona fide recipients within 12 months after the promotion begins.

(c) Deliver the premiums to bona fide recipients within a reasonable time.

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Nev. Rev. Stat. § 599B.190. Issuance of refund or replacement of goods or services; notice to consumer. 1. Except as otherwise provided in subsection 3, a person who purchases goods or services or makes a donation pursuant to a solicitation governed by this chapter must be given a refund or replacement, at his option, if:

(a) The goods or services are defective, are not as represented or if any item described pursuant to NRS 599B.180 is not received as promised; and

(b) He returns the unused goods, if any, or makes a written request for the refund or replacement within 30 days after he receives:

(1) The goods or services; or

(2) Any item described pursuant to NRS 599B.180,

whichever is received later. A return or request is timely if shipment is made or the request is postmarked, properly addressed and postage prepaid, within the time provided by this paragraph.

2. A registrant who receives a written request for a refund or replacement shall not require prior authorization for a return of goods and shall give a refund or replacement within 14 days after receipt of the request.

3. If a consumer of goods returns only a portion of the goods, the refund or replacement required by subsection 1 may be prorated accordingly.

4. The refund or replacement required by subsection 1 must be given by the seller, regardless of whether payment for the goods or services is made to the seller or some other person.

5. Except for any proration permitted by subsection 3, a registrant shall not impose any charge in connection with a return of goods or a request for a refund or replacement.

6. If a registrant receives payment by credit card, he may issue a refund in the form of a credit to the credit card account of the consumer in lieu of a cash refund.

7. Within 3 days after any purchase of goods or services or upon delivery of the goods or services, whichever is later, or within 3 days after receiving a donation, the seller shall provide the consumer with a written summary of the provisions of this section. The summary must:

(a) Be made in a form prescribed by the division.

(b) Include the address to which returned goods or a request for refund may be sent.

(c) Be accompanied by a statement containing the information required by paragraph (e) of subsection 1 of NRS 599B.180, if the provisions of that section apply.

(d) If the provisions of paragraph (c) of subsection 2 of NRS 599B.180 apply, be accompanied by a statement concerning the number of persons who have, during the 12 months preceding the solicitation or any portion thereof in which the seller has done business, received the item having the greatest value and the item with the smallest odds of being received.

A summary is timely if it is postmarked, properly addressed and postage prepaid, within the time provided by this subsection.
Nev. Rev. Stat. § 599B.190. Issuance of refund or replacement of goods or services; notice to consumer. [Effective through June 30, 2011.]
1. Except as otherwise provided in subsection 3, a person who purchases goods or services or makes a donation pursuant to a solicitation governed by this chapter must be given a refund or replacement, at his or her option, if:

(a) The goods or services are defective, are not as represented or if any item described pursuant to NRS 599B.180 is not received as promised; and

(b) He or she returns the unused goods, if any, or makes a written request for the refund or replacement within 30 days after he or she receives:

(1) The goods or services; or

(2) Any item described pursuant to NRS 599B.180,

Ê whichever is received later. A return or request is timely if shipment is made or the request is postmarked, properly addressed and postage prepaid, within the time provided by this paragraph.

2. A seller or salesperson who receives a written request for a refund or replacement shall not require prior authorization for a return of goods and shall give a refund or replacement within 14 days after receipt of the request.

3. If a consumer of goods returns only a portion of the goods, the refund or replacement required by subsection 1 may be prorated accordingly.

4. The refund or replacement required by subsection 1 must be given by the seller, regardless of whether payment for the goods or services is made to the seller or some other person.

5. Except for any proration permitted by subsection 3, a seller or salesperson shall not impose any charge in connection with a return of goods or a request for a refund or replacement.

6. If a seller or salesperson receives payment by credit card, he or she may issue a refund in the form of a credit to the credit card account of the consumer in lieu of a cash refund.

7. Within 3 days after any purchase of goods or services or upon delivery of the goods or services, whichever is later, or within 3 days after receiving a donation, the seller shall provide the consumer with a written summary of the provisions of this section. The summary must:

(a) Include the address to which returned goods or a request for refund may be sent.

(b) Be accompanied by a statement containing the information required by paragraph (e) of subsection 1 of NRS 599B.180, if the provisions of that section apply.

(c) If the provisions of paragraph (c) of subsection 2 of NRS 599B.180 apply, be accompanied by a statement concerning the number of persons who have, during the 12 months preceding the solicitation or any portion thereof in which the seller has done business, received the item having the greatest value and the item with the smallest odds of being received.

Ê A summary is timely if it is postmarked, properly addressed and postage prepaid, within the time provided by this subsection.

[Effective July 1, 2011.]
1. Except as otherwise provided in subsection 3, a person who purchases goods or services or makes a donation pursuant to a solicitation governed by this chapter must be given a refund or replacement, at his or her option, if:

(a) The goods or services are defective, are not as represented or if any item described pursuant to NRS 599B.180 is not received as promised; and

(b) He or she returns the unused goods, if any, or makes a written request for the refund or replacement within 30 days after he or she receives:

(1) The goods or services; or

(2) Any item described pursuant to NRS 599B.180,

Ê whichever is received later. A return or request is timely if shipment is made or the request is postmarked, properly addressed and postage prepaid, within the time provided by this paragraph.

2. A registrant who receives a written request for a refund or replacement shall not require prior authorization for a return of goods and shall give a refund or replacement within 14 days after receipt of the request.

3. If a consumer of goods returns only a portion of the goods, the refund or replacement required by subsection 1 may be prorated accordingly.

4. The refund or replacement required by subsection 1 must be given by the seller, regardless of whether payment for the goods or services is made to the seller or some other person.

5. Except for any proration permitted by subsection 3, a registrant shall not impose any charge in connection with a return of goods or a request for a refund or replacement.

6. If a registrant receives payment by credit card, he or she may issue a refund in the form of a credit to the credit card account of the consumer in lieu of a cash refund.

7. Within 3 days after any purchase of goods or services or upon delivery of the goods or services, whichever is later, or within 3 days after receiving a donation, the seller shall provide the consumer with a written summary of the provisions of this section. The summary must:

(a) Be made in a form prescribed by the Division.

(b) Include the address to which returned goods or a request for refund may be sent.

(c) Be accompanied by a statement containing the information required by paragraph (e) of subsection 1 of NRS 599B.180, if the provisions of that section apply.

(d) If the provisions of paragraph (c) of subsection 2 of NRS 599B.180 apply, be accompanied by a statement concerning the number of persons who have, during the 12 months preceding the solicitation or any portion thereof in which the seller has done business, received the item having the greatest value and the item with the smallest odds of being received.

Ê A summary is timely if it is postmarked, properly addressed and postage prepaid, within the time provided by this subsection.

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Nev. Rev. Stat. § 599B.195. Delivery of goods or services must be accompanied by form. Each delivery of goods or services by a registrant must be accompanied by the form prescribed by the division pursuant to subsection 7 of NRS 599B.190.Nev. Rev. Stat. § 599B.195. Delivery of goods or services must be accompanied by form. Each delivery of goods or services by a registrant must be accompanied by the form prescribed by the Division pursuant to subsection 7 of NRS 599B.190.

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Nev. Rev. Stat. § 599B.197. Recovery service: Performance required before charging or receiving money from consumer. A seller or salesperson engaged in a recovery service shall not charge or receive any money or other valuable consideration from a consumer before full and complete performance of the service which the seller or salesperson has agreed to perform for or on behalf of the consumer.Nev. Rev. Stat. § 599B.197. Recovery service: Performance required before charging or receiving money from consumer. A seller or salesperson engaged in a recovery service shall not charge or receive any money or other valuable consideration from a consumer before full and complete performance of the service which the seller or salesperson has agreed to perform for or on behalf of the consumer.

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Nev. Rev. Stat. § 599B.200. Disclosure of purchaser prohibited; exceptions. A salesman or seller shall not disclose the name or address of any person who purchases goods or services pursuant to a solicitation governed by this chapter. Nothing in this section prohibits the disclosure of this information to:

1. Any person employed by or associated with the seller;

2. The commissioner or any employee of the division; or

3. Any law enforcement officer or agency that requires the information for investigative purposes.
Nev. Rev. Stat. § 599B.200. Disclosure of purchaser prohibited; exceptions. [Effective through June 30, 2011.]
A salesperson or seller shall not disclose the name or address of any person who purchases goods or services pursuant to a solicitation governed by this chapter. Nothing in this section prohibits the disclosure of this information to:

1. Any person employed by or associated with the seller; or

2. Any law enforcement officer or agency that requires the information for investigative purposes.

[Effective July 1, 2011.]
A salesperson or seller shall not disclose the name or address of any person who purchases goods or services pursuant to a solicitation governed by this chapter. Nothing in this section prohibits the disclosure of this information to:

1. Any person employed by or associated with the seller;

2. The Commissioner or any employee of the Division; or

3. Any law enforcement officer or agency that requires the information for investigative purposes.

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Nev. Rev. Stat. § 599B.210. Appointment of Secretary of State as agent for service of process; procedure for and effect of service; fee. 1. Every registrant, other than a registrant incorporated in this state, shall file with the secretary of state an irrevocable consent appointing the secretary of state as his agent to receive service of any lawful process in any action or proceeding against him arising pursuant to this chapter. Any lawful process against the registrant served upon the secretary of state as provided in subsection 2 has the same force and validity as if served upon the registrant personally.

2. Service of process authorized by subsection 1 must be made by filing with the secretary of state:

(a) Two copies of the process. The copies must include a specific citation to the provisions of this section. The secretary of state may refuse to accept such service if the proper citation is not included in each copy.

(b) A fee of $10.

The secretary of state shall forthwith forward one copy of the process by registered or certified mail prepaid to the registrant, or in the case of a registrant organized under the laws of a foreign government, to the United States manager or last appointed United States general agent of the registrant, giving the day and the hour of the service.

3. Service of process is not complete until the copy thereof has been mailed and received by the registrant, and the receipt of the addressee is prima facie evidence of the completion of the service.

4. If service of summons is made upon the secretary of state in accordance with the provisions of this section, the time within which the registrant is required to appear is extended 10 days.
Nev. Rev. Stat. § 599B.210. Appointment of Secretary of State as agent for service of process; procedure for and effect of service; fee. [Effective through June 30, 2011.]
1. Every seller or salesperson, other than a seller or salesperson incorporated in this state, shall file with the Secretary of State an irrevocable consent appointing the Secretary of State as his or her agent to receive service of any lawful process in any action or proceeding against him or her arising pursuant to this chapter. Any lawful process against the seller or salesperson served upon the Secretary of State as provided in subsection 2 has the same force and validity as if served upon the seller or salesperson personally.

2. Service of process authorized by subsection 1 must be made by filing with the Secretary of State:

(a) Two copies of the process. The copies must include a specific citation to the provisions of this section. The Secretary of State may refuse to accept such service if the proper citation is not included in each copy.

(b) A fee of $10.

The Secretary of State shall forthwith forward one copy of the process by registered or certified mail prepaid to the seller or salesperson, or in the case of a seller or salesperson organized under the laws of a foreign government, to the United States manager or last appointed United States general agent of the seller or salesperson, giving the day and the hour of the service.

3. Service of process is not complete until the copy thereof has been mailed and received by the seller or salesperson, and the receipt of the addressee is prima facie evidence of the completion of the service.

4. If service of summons is made upon the Secretary of State in accordance with the provisions of this section, the time within which the seller or salesperson is required to appear is extended 10 days.

[Effective July 1, 2011.]
1. Every registrant, other than a registrant incorporated in this state, shall file with the Secretary of State an irrevocable consent appointing the Secretary of State as his or her agent to receive service of any lawful process in any action or proceeding against him or her arising pursuant to this chapter. Any lawful process against the registrant served upon the Secretary of State as provided in subsection 2 has the same force and validity as if served upon the registrant personally.

2. Service of process authorized by subsection 1 must be made by filing with the Secretary of State:

(a) Two copies of the process. The copies must include a specific citation to the provisions of this section. The Secretary of State may refuse to accept such service if the proper citation is not included in each copy.

(b) A fee of $10.

Ê The Secretary of State shall forthwith forward one copy of the process by registered or certified mail prepaid to the registrant, or in the case of a registrant organized under the laws of a foreign government, to the United States manager or last appointed United States general agent of the registrant, giving the day and the hour of the service.

3. Service of process is not complete until the copy thereof has been mailed and received by the registrant, and the receipt of the addressee is prima facie evidence of the completion of the service.

4. If service of summons is made upon the Secretary of State in accordance with the provisions of this section, the time within which the registrant is required to appear is extended 10 days.

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Nev. Rev. Stat. § 599B.213. Jurisdiction and authority of Attorney General.1. The Attorney General has primary jurisdiction to investigate and prosecute violations of this chapter and any fraud involving solicitation by telephone.

2. When acting pursuant to this section, the Attorney General may commence his or her investigation and file a criminal action without leave of court, and he or she has exclusive charge of the conduct of the prosecution.
Nev. Rev. Stat. § 599B.213. Jurisdiction and authority of Attorney General.1. The Attorney General has primary jurisdiction to investigate and prosecute violations of this chapter and any fraud involving solicitation by telephone.

2. When acting pursuant to this section, the Attorney General may commence his or her investigation and file a criminal action without leave of court, and he or she has exclusive charge of the conduct of the prosecution.

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Nev. Rev. Stat. § 599B.215. Action by Attorney General.1. The Attorney General may conduct an investigation to determine whether a person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto.

2. If the Attorney General has reason to believe that any person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto, the Attorney General may:

(a) Issue a subpoena to require the testimony of any person;

(b) Issue a subpoena to require the production of any documents; or

(c) Administer an oath or affirmation to any person providing testimony pursuant to a subpoena.

3. A subpoena issued pursuant to subsection 2 must be served in the manner provided in the Nevada Rules of Civil Procedure.
Nev. Rev. Stat. § 599B.215. Action by Attorney General.1. The Attorney General may conduct an investigation to determine whether a person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto.

2. If the Attorney General has reason to believe that any person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto, the Attorney General may:

(a) Issue a subpoena to require the testimony of any person;

(b) Issue a subpoena to require the production of any documents; or

(c) Administer an oath or affirmation to any person providing testimony pursuant to a subpoena.

3. A subpoena issued pursuant to subsection 2 must be served in the manner provided in the Nevada Rules of Civil Procedure.

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Nev. Rev. Stat. § 599B.225. Attorney General may apply for equitable relief. If any person fails to cooperate with an investigation conducted by the Attorney General or to obey a subpoena issued by the Attorney General pursuant to NRS 599B.215, the Attorney General may apply to any district court for equitable relief. The court may:

1. Order the person to testify or to produce the requested documents pursuant to the subpoena; and

2. Grant other relief necessary to compel compliance by the person.
Nev. Rev. Stat. § 599B.225. Attorney General may apply for equitable relief. If any person fails to cooperate with an investigation conducted by the Attorney General or to obey a subpoena issued by the Attorney General pursuant to NRS 599B.215, the Attorney General may apply to any district court for equitable relief. The court may:

1. Order the person to testify or to produce the requested documents pursuant to the subpoena; and

2. Grant other relief necessary to compel compliance by the person.

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Nev. Rev. Stat. § 599B.235. Attorney General may accept assurance of discontinuance of violation; proof of violation of assurance is prima facie evidence of violation of applicable law in civil action.1. The Attorney General may accept an assurance of discontinuance of any violation of the provisions of this chapter or any regulation adopted pursuant thereto. The assurance may include a stipulation for the payment of money to this state by the alleged violator, including but not limited to, payment for the costs of investigation, for the costs of instituting the action or proceeding and for the restitution of any money or property acquired as a result of the violation.

2. Proof by a preponderance of evidence of a violation of an assurance given pursuant to subsection 1 constitutes prima facie evidence of a violation of the applicable statutes or regulations for the purpose of any civil action or proceeding brought thereafter by the Attorney General, whether the action or proceeding is a new action or a subsequent motion or petition in a pending action or proceeding.
Nev. Rev. Stat. § 599B.235. Attorney General may accept assurance of discontinuance of violation; proof of violation of assurance is prima facie evidence of violation of applicable law in civil action.1. The Attorney General may accept an assurance of discontinuance of any violation of the provisions of this chapter or any regulation adopted pursuant thereto. The assurance may include a stipulation for the payment of money to this state by the alleged violator, including but not limited to, payment for the costs of investigation, for the costs of instituting the action or proceeding and for the restitution of any money or property acquired as a result of the violation.

2. Proof by a preponderance of evidence of a violation of an assurance given pursuant to subsection 1 constitutes prima facie evidence of a violation of the applicable statutes or regulations for the purpose of any civil action or proceeding brought thereafter by the Attorney General, whether the action or proceeding is a new action or a subsequent motion or petition in a pending action or proceeding.

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Nev. Rev. Stat. § 599B.245. Attorney General may institute legal proceeding against person believed to have violated provisions of this chapter; remedies; civil penalty for violation of court order or injunction.1. If the Attorney General has reason to believe that a person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto, he or she may institute an appropriate legal proceeding against the person. The district court, upon a showing that the person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto, may grant the following remedies, as appropriate:

(a) Issue a temporary or permanent injunction;

(b) Impose a civil penalty not to exceed $5,000 for each violation;

(c) Issue a declaratory judgment;

(d) Order restitution for consumers;

(e) Provide for the appointment of a receiver;

(f) Order the payment of attorney’s fees and costs; and

(g) Order such other relief as the court deems just.

2. Any person who violates a court order or injunction issued pursuant to subsection 1 shall, upon a complaint brought by the Attorney General, pay a civil penalty of not more than $50,000 for each violation.
Nev. Rev. Stat. § 599B.245. Attorney General may institute legal proceeding against person believed to have violated provisions of this chapter; remedies; civil penalty for violation of court order or injunction.1. If the Attorney General has reason to believe that a person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto, he or she may institute an appropriate legal proceeding against the person. The district court, upon a showing that the person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto, may grant the following remedies, as appropriate:

(a) Issue a temporary or permanent injunction;

(b) Impose a civil penalty not to exceed $5,000 for each violation;

(c) Issue a declaratory judgment;

(d) Order restitution for consumers;

(e) Provide for the appointment of a receiver;

(f) Order the payment of attorney’s fees and costs; and

(g) Order such other relief as the court deems just.

2. Any person who violates a court order or injunction issued pursuant to subsection 1 shall, upon a complaint brought by the Attorney General, pay a civil penalty of not more than $50,000 for each violation.

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Nev. Rev. Stat. § 599B.255. Willful violations: Prosecution; criminal penalties; forfeitures. 1. Except as otherwise provided in NRS 599B.213, the attorney general or the district attorney of any county in this state may prosecute a person who willfully violates, either directly or indirectly, the provisions of this chapter. Except as otherwise provided in subsection 3, such a person:

(a) For the first offense within 10 years, is guilty of a misdemeanor.

(b) For the second offense within 10 years, is guilty of a gross misdemeanor.

(c) For the third and all subsequent offenses within 10 years, is guilty of a category D felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000, or by both fine and the punishment provided in NRS 193.130.

2. Any offense which occurs within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 1 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

3. A person who violates any provision of NRS 599B.080 is guilty of a category D felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000, or by both fine and the punishment provided in NRS 193.130.

4. Property or proceeds attributable to any violation pursuant to the provisions of this section are subject to forfeiture in the manner provided by NRS 179.1156 to 179.121, inclusive.
Nev. Rev. Stat. § 599B.255. Willful violations: Prosecution; criminal penalties; forfeitures. [Effective through June 30, 2011.]
1. Except as otherwise provided in NRS 599B.213, the Attorney General or the district attorney of any county in this state may prosecute a person who willfully violates, either directly or indirectly, the provisions of this chapter. Such a person:

(a) For the first offense within 10 years, is guilty of a misdemeanor.

(b) For the second offense within 10 years, is guilty of a gross misdemeanor.

(c) For the third and all subsequent offenses within 10 years, is guilty of a category D felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000, or by both fine and the punishment provided in NRS 193.130.

2. Any offense which occurs within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 1 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

3. Property or proceeds attributable to any violation pursuant to the provisions of this section are subject to forfeiture in the manner provided by NRS 179.1156 to 179.121, inclusive.

[Effective July 1, 2011.]
1. Except as otherwise provided in NRS 599B.213, the Attorney General or the district attorney of any county in this state may prosecute a person who willfully violates, either directly or indirectly, the provisions of this chapter. Except as otherwise provided in subsection 3, such a person:

(a) For the first offense within 10 years, is guilty of a misdemeanor.

(b) For the second offense within 10 years, is guilty of a gross misdemeanor.

(c) For the third and all subsequent offenses within 10 years, is guilty of a category D felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000, or by both fine and the punishment provided in NRS 193.130.

2. Any offense which occurs within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 1 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

3. A person who violates any provision of NRS 599B.080 is guilty of a category D felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000, or by both fine and the punishment provided in NRS 193.130.

4. Property or proceeds attributable to any violation pursuant to the provisions of this section are subject to forfeiture in the manner provided by NRS 179.1156 to 179.121, inclusive.

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Nev. Rev. Stat. § 599B.260. Deposit and use of money collected pursuant to this chapter. 1. Except as otherwise provided in subsection 2, all fees, civil penalties and any other money collected pursuant to this chapter in an action brought by the attorney general must be deposited in the state general fund and may only be used to defray the costs of:

(a) Administering and enforcing the provisions of this chapter.

(b) Enforcing the provisions of chapter 598 of NRS as they relate to the conduct of sellers and salesmen, whether or not the sellers and salesmen are registered pursuant to this chapter.

2. The provisions of this section do not apply to:

(a) Criminal fines imposed pursuant to the provisions of this chapter; or

(b) Restitution ordered in an action brought by the attorney general pursuant to the provisions of this chapter. Money collected for restitution ordered in such an action must be deposited by the attorney general and credited to the appropriate account of the division or the attorney general for distribution to the person for whom the restitution was ordered.
Nev. Rev. Stat. § 599B.260. Deposit and use of money collected pursuant to this chapter. [Effective through June 30, 2011.]
1. Except as otherwise provided in subsection 2, all fees, civil penalties and any other money collected pursuant to this chapter in an action brought by the Attorney General must be deposited in the State General Fund and may only be used to defray the costs of:

(a) Administering and enforcing the provisions of this chapter.

(b) Enforcing the provisions of chapter 598 of NRS as they relate to the conduct of sellers and salespersons.

2. The provisions of this section do not apply to:

(a) Criminal fines imposed pursuant to the provisions of this chapter; or

(b) Restitution ordered in an action brought by the Attorney General pursuant to the provisions of this chapter. Money collected for restitution ordered in such an action must be deposited by the Attorney General and credited to the appropriate account of the Attorney General for distribution to the person for whom the restitution was ordered.

[Effective July 1, 2011.]
1. Except as otherwise provided in subsection 2, all fees, civil penalties and any other money collected pursuant to this chapter in an action brought by the Attorney General must be deposited in the State General Fund and may only be used to defray the costs of:

(a) Administering and enforcing the provisions of this chapter.

(b) Enforcing the provisions of chapter 598 of NRS as they relate to the conduct of sellers and salespersons, whether or not the sellers and salespersons are registered pursuant to this chapter.

2. The provisions of this section do not apply to:

(a) Criminal fines imposed pursuant to the provisions of this chapter; or

(b) Restitution ordered in an action brought by the Attorney General pursuant to the provisions of this chapter. Money collected for restitution ordered in such an action must be deposited by the Attorney General and credited to the appropriate account of the Division or the Attorney General for distribution to the person for whom the restitution was ordered.

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Nev. Rev. Stat. § 599B.270. SOLICITATION OF ELDERLY PERSON OR PERSON WITH A DISABILITY - Definitions. As used in NRS 599B.270 to 599B.300, inclusive, unless the context otherwise requires:

1. “Elderly person” means a person who is 60 years of age or older.

2. “Person with a disability” means a person who:

(a) Has a physical or mental impairment that substantially limits one or more of the major life activities of the person;

(b) Has a record of such an impairment; or

(c) Is regarded as having such an impairment.
Nev. Rev. Stat. § 599B.270. SOLICITATION OF ELDERLY PERSON OR PERSON WITH A DISABILITY - Definitions. As used in NRS 599B.270 to 599B.300, inclusive, unless the context otherwise requires:

1. “Elderly person” means a person who is 60 years of age or older.

2. “Person with a disability” means a person who:

(a) Has a physical or mental impairment that substantially limits one or more of the major life activities of the person;

(b) Has a record of such an impairment; or

(c) Is regarded as having such an impairment.

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Nev. Rev. Stat. § 599B.280. Additional penalty. 1. In any action brought pursuant to NRS 599B.213, 599B.245 or 599B.255, if the court finds that a person has engaged in an unlawful solicitation by telephone directed toward an elderly person or a person with a disability, the court may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $10,000 for each violation.

2. In determining whether to impose a civil penalty pursuant to subsection 1, the court shall consider whether:

(a) The conduct of the person was in disregard of the rights of the elderly person or person with a disability;

(b) The person knew or should have known that his or her conduct was directed toward an elderly person or a person with a disability;

(c) The elderly person or person with a disability was more vulnerable to the conduct of the person because of the age, health, infirmity, impaired understanding, restricted mobility or disability of the elderly person or person with a disability;

(d) The conduct of the person caused the elderly person or person with a disability to suffer actual and substantial physical, emotional or economic damage;

(e) The conduct of the person caused the elderly person or person with a disability to suffer:

(1) Mental or emotional anguish;

(2) The loss of the primary residence of the elderly person or person with a disability;

(3) The loss of the principal employment or source of income of the elderly person or person with a disability;

(4) The loss of money received from a pension, retirement plan or governmental program;

(5) The loss of property that had been set aside for retirement or for personal or family care and maintenance;

(6) The loss of assets which are essential to the health and welfare of the elderly person or person with a disability; or

(7) Any other interference with the economic well-being of the elderly person or person with a disability, including the encumbrance of his or her primary residence or principal source of income; or

(f) Any other factors that the court deems to be appropriate.
Nev. Rev. Stat. § 599B.280. Additional penalty. 1. In any action brought pursuant to NRS 599B.213, 599B.245 or 599B.255, if the court finds that a person has engaged in an unlawful solicitation by telephone directed toward an elderly person or a person with a disability, the court may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $10,000 for each violation.

2. In determining whether to impose a civil penalty pursuant to subsection 1, the court shall consider whether:

(a) The conduct of the person was in disregard of the rights of the elderly person or person with a disability;

(b) The person knew or should have known that his or her conduct was directed toward an elderly person or a person with a disability;

(c) The elderly person or person with a disability was more vulnerable to the conduct of the person because of the age, health, infirmity, impaired understanding, restricted mobility or disability of the elderly person or person with a disability;

(d) The conduct of the person caused the elderly person or person with a disability to suffer actual and substantial physical, emotional or economic damage;

(e) The conduct of the person caused the elderly person or person with a disability to suffer:

(1) Mental or emotional anguish;

(2) The loss of the primary residence of the elderly person or person with a disability;

(3) The loss of the principal employment or source of income of the elderly person or person with a disability;

(4) The loss of money received from a pension, retirement plan or governmental program;

(5) The loss of property that had been set aside for retirement or for personal or family care and maintenance;

(6) The loss of assets which are essential to the health and welfare of the elderly person or person with a disability; or

(7) Any other interference with the economic well-being of the elderly person or person with a disability, including the encumbrance of his or her primary residence or principal source of income; or

(f) Any other factors that the court deems to be appropriate.

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Nev. Rev. Stat. § 599B.290. Deposit and use of money collected from civil penalties imposed in action brought by district attorney. 1. Money collected from civil penalties imposed pursuant to NRS 599B.280 in an action brought by the district attorney of a county must be deposited with the county treasurer of that county and accounted for separately in the county general fund.

2. Money in the account created pursuant to subsection 1 must be used by the district attorney of the county for:

(a) The investigation and prosecution of acts of unlawful solicitation by telephone against elderly persons or persons with disabilities; and

(b) Programs for the education of consumers which are directed toward elderly persons or persons with disabilities, law enforcement officers, members of the judicial system, persons who provide social services and the general public.
Nev. Rev. Stat. § 599B.290. Deposit and use of money collected from civil penalties imposed in action brought by district attorney. 1. Money collected from civil penalties imposed pursuant to NRS 599B.280 in an action brought by the district attorney of a county must be deposited with the county treasurer of that county and accounted for separately in the county general fund.

2. Money in the account created pursuant to subsection 1 must be used by the district attorney of the county for:

(a) The investigation and prosecution of acts of unlawful solicitation by telephone against elderly persons or persons with disabilities; and

(b) Programs for the education of consumers which are directed toward elderly persons or persons with disabilities, law enforcement officers, members of the judicial system, persons who provide social services and the general public.

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Nev. Rev. Stat. § 599B.300. Civil action. If an elderly person or person with a disability suffers damage or injury as a result of an unlawful solicitation by telephone, the elderly person or person with a disability or the legal representative of such a person, if any, may commence a civil action against any person who engaged in the solicitation to recover the actual damages suffered by the elderly person or person with a disability, punitive damages, if appropriate, and reasonable attorney’s fees. The collection of any restitution awarded pursuant to this section has a priority over the collection of any civil penalty imposed pursuant to NRS 599B.280.

(Added to NRS by 1993, 1980)
Nev. Rev. Stat. § 599B.300. Civil action. If an elderly person or person with a disability suffers damage or injury as a result of an unlawful solicitation by telephone, the elderly person or person with a disability or the legal representative of such a person, if any, may commence a civil action against any person who engaged in the solicitation to recover the actual damages suffered by the elderly person or person with a disability, punitive damages, if appropriate, and reasonable attorney’s fees. The collection of any restitution awarded pursuant to this section has a priority over the collection of any civil penalty imposed pursuant to NRS 599B.280.

(Added to NRS by 1993, 1980)

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Nev. Rev. Stat. § 603A.010. SECURITY OF PERSONAL INFORMATION - Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 603A.020, 603A.030 and 603A.040 have the meanings ascribed to them in those sections.Nev. Rev. Stat. § 603A.010. SECURITY OF PERSONAL INFORMATION - Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 603A.020, 603A.030 and 603A.040 have the meanings ascribed to them in those sections.

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Nev. Rev. Stat. § 603A.020. “Breach of the security of the system data” defined. “Breach of the security of the system data” means unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of personal information maintained by the data collector. The term does not include the good faith acquisition of personal information by an employee or agent of the data collector for a legitimate purpose of the data collector, so long as the personal information is not used for a purpose unrelated to the data collector or subject to further unauthorized disclosure.Nev. Rev. Stat. § 603A.020. “Breach of the security of the system data” defined. “Breach of the security of the system data” means unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of personal information maintained by the data collector. The term does not include the good faith acquisition of personal information by an employee or agent of the data collector for a legitimate purpose of the data collector, so long as the personal information is not used for a purpose unrelated to the data collector or subject to further unauthorized disclosure.

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Nev. Rev. Stat. § 603A.030. “Data collector” defined. “Data collector” means any governmental agency, institution of higher education, corporation, financial institution or retail operator or any other type of business entity or association that, for any purpose, whether by automated collection or otherwise, handles, collects, disseminates or otherwise deals with nonpublic personal information.Nev. Rev. Stat. § 603A.030. “Data collector” defined. “Data collector” means any governmental agency, institution of higher education, corporation, financial institution or retail operator or any other type of business entity or association that, for any purpose, whether by automated collection or otherwise, handles, collects, disseminates or otherwise deals with nonpublic personal information.

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Nev. Rev. Stat. § 603A.040. “Personal information” defined. “Personal information” means a natural person’s first name or first initial and last name in combination with any one or more of the following data elements, when the name and data elements are not encrypted:

1. Social security number.

2. Driver’s license number or identification card number.

3. Account number, credit card number or debit card number, in combination with any required security code, access code or password that would permit access to the person’s financial account.

Ê The term does not include the last four digits of a social security number or publicly available information that is lawfully made available to the general public.
Nev. Rev. Stat. § 603A.040. “Personal information” defined. “Personal information” means a natural person’s first name or first initial and last name in combination with any one or more of the following data elements, when the name and data elements are not encrypted:

1. Social security number.

2. Driver’s license number or identification card number.

3. Account number, credit card number or debit card number, in combination with any required security code, access code or password that would permit access to the person’s financial account.

Ê The term does not include the last four digits of a social security number or publicly available information that is lawfully made available to the general public.

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Nev. Rev. Stat. § 603A.100. Waiver of provisions of chapter prohibited. Any waiver of the provisions of this chapter is contrary to public policy, void and unenforceable.Nev. Rev. Stat. § 603A.100. Waiver of provisions of chapter prohibited. Any waiver of the provisions of this chapter is contrary to public policy, void and unenforceable.

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Nev. Rev. Stat. § 603A.200. Destruction of certain records. 1. A business that maintains records which contain personal information concerning the customers of the business shall take reasonable measures to ensure the destruction of those records when the business decides that it will no longer maintain the records.

2. As used in this section:

(a) “Business” means a proprietorship, corporation, partnership, association, trust, unincorporated organization or other enterprise doing business in this State.

(b) “Reasonable measures to ensure the destruction” means any method that modifies the records containing the personal information in such a way as to render the personal information contained in the records unreadable or undecipherable, including, without limitation:

(1) Shredding of the record containing the personal information; or

(2) Erasing of the personal information from the records.
Nev. Rev. Stat. § 603A.200. Destruction of certain records. 1. A business that maintains records which contain personal information concerning the customers of the business shall take reasonable measures to ensure the destruction of those records when the business decides that it will no longer maintain the records.

2. As used in this section:

(a) “Business” means a proprietorship, corporation, partnership, association, trust, unincorporated organization or other enterprise doing business in this State.

(b) “Reasonable measures to ensure the destruction” means any method that modifies the records containing the personal information in such a way as to render the personal information contained in the records unreadable or undecipherable, including, without limitation:

(1) Shredding of the record containing the personal information; or

(2) Erasing of the personal information from the records.

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Nev. Rev. Stat. § 603A.210. Security measures. 1. A data collector that maintains records which contain personal information of a resident of this State shall implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification or disclosure.

2. A contract for the disclosure of the personal information of a resident of this State which is maintained by a data collector must include a provision requiring the person to whom the information is disclosed to implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification or disclosure.

3. If a state or federal law requires a data collector to provide greater protection to records that contain personal information of a resident of this State which are maintained by the data collector and the data collector is in compliance with the provisions of that state or federal law, the data collector shall be deemed to be in compliance with the provisions of this section.
Nev. Rev. Stat. § 603A.210. Security measures. 1. A data collector that maintains records which contain personal information of a resident of this State shall implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification or disclosure.

2. A contract for the disclosure of the personal information of a resident of this State which is maintained by a data collector must include a provision requiring the person to whom the information is disclosed to implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification or disclosure.

3. If a state or federal law requires a data collector to provide greater protection to records that contain personal information of a resident of this State which are maintained by the data collector and the data collector is in compliance with the provisions of that state or federal law, the data collector shall be deemed to be in compliance with the provisions of this section.

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Nev. Rev. Stat. § 603A.215. Security measures for data collector that accepts payment card; use of encryption; liability for damages; applicability.1. If a data collector doing business in this State accepts a payment card in connection with a sale of goods or services, the data collector shall comply with the current version of the Payment Card Industry (PCI) Data Security Standard, as adopted by the PCI Security Standards Council or its successor organization, with respect to those transactions, not later than the date for compliance set forth in the Payment Card Industry (PCI) Data Security Standard or by the PCI Security Standards Council or its successor organization.

2. A data collector doing business in this State to whom subsection 1 does not apply shall not:

(a) Transfer any personal information through an electronic, nonvoice transmission other than a facsimile to a person outside of the secure system of the data collector unless the data collector uses encryption to ensure the security of electronic transmission; or

(b) Move any data storage device containing personal information beyond the logical or physical controls of the data collector or its data storage contractor unless the data collector uses encryption to ensure the security of the information.

3. A data collector shall not be liable for damages for a breach of the security of the system data if:

(a) The data collector is in compliance with this section; and

(b) The breach is not caused by the gross negligence or intentional misconduct of the data collector, its officers, employees or agents.

4. The requirements of this section do not apply to:

(a) A telecommunication provider acting solely in the role of conveying the communications of other persons, regardless of the mode of conveyance used, including, without limitation:

(1) Optical, wire line and wireless facilities;

(2) Analog transmission; and

(3) Digital subscriber line transmission, voice over Internet protocol and other digital transmission technology.

(b) Data transmission over a secure, private communication channel for:

(1) Approval or processing of negotiable instruments, electronic fund transfers or similar payment methods; or

(2) Issuance of reports regarding account closures due to fraud, substantial overdrafts, abuse of automatic teller machines or related information regarding a customer.

5. As used in this section:

(a) “Data storage device” means any device that stores information or data from any electronic or optical medium, including, but not limited to, computers, cellular telephones, magnetic tape, electronic computer drives and optical computer drives, and the medium itself.

(b) “Encryption” means the protection of data in electronic or optical form, in storage or in transit, using:

(1) An encryption technology that has been adopted by an established standards setting body, including, but not limited to, the Federal Information Processing Standards issued by the National Institute of Standards and Technology, which renders such data indecipherable in the absence of associated cryptographic keys necessary to enable decryption of such data; and

(2) Appropriate management and safeguards of cryptographic keys to protect the integrity of the encryption using guidelines promulgated by an established standards setting body, including, but not limited to, the National Institute of Standards and Technology.

(c) “Facsimile” means an electronic transmission between two dedicated fax machines using Group 3 or Group 4 digital formats that conform to the International Telecommunications Union T.4 or T.38 standards or computer modems that conform to the International Telecommunications Union T.31 or T.32 standards. The term does not include onward transmission to a third device after protocol conversion, including, but not limited to, any data storage device.

(d) “Payment card” has the meaning ascribed to it in NRS 205.602.

(e) “Telecommunication provider” has the meaning ascribed to it in NRS 704.027.

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Nev. Rev. Stat. § 603A.220. Disclosure of breach of security of system data; methods of disclosure.1. Any data collector that owns or licenses computerized data which includes personal information shall disclose any breach of the security of the system data following discovery or notification of the breach to any resident of this State whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection 3, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the system data.

2. Any data collector that maintains computerized data which includes personal information that the data collector does not own shall notify the owner or licensee of the information of any breach of the security of the system data immediately following discovery if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person.

3. The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section must be made after the law enforcement agency determines that the notification will not compromise the investigation.

4. For purposes of this section, except as otherwise provided in subsection 5, the notification required by this section may be provided by one of the following methods:

(a) Written notification.

(b) Electronic notification, if the notification provided is consistent with the provisions of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq.

(c) Substitute notification, if the data collector demonstrates that the cost of providing notification would exceed $250,000, the affected class of subject persons to be notified exceeds 500,000 or the data collector does not have sufficient contact information. Substitute notification must consist of all the following:

(1) Notification by electronic mail when the data collector has electronic mail addresses for the subject persons.

(2) Conspicuous posting of the notification on the Internet website of the data collector, if the data collector maintains an Internet website.

(3) Notification to major statewide media.

5. A data collector which:

(a) Maintains its own notification policies and procedures as part of an information security policy for the treatment of personal information that is otherwise consistent with the timing requirements of this section shall be deemed to be in compliance with the notification requirements of this section if the data collector notifies subject persons in accordance with its policies and procedures in the event of a breach of the security of the system data.

(b) Is subject to and complies with the privacy and security provisions of the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801 et seq., shall be deemed to be in compliance with the notification requirements of this section.

6. If a data collector determines that notification is required to be given pursuant to the provisions of this section to more than 1,000 persons at any one time, the data collector shall also notify, without unreasonable delay, any consumer reporting agency, as that term is defined in 15 U.S.C. § 1681a(p), that compiles and maintains files on consumers on a nationwide basis, of the time the notification is distributed and the content of the notification.
Nev. Rev. Stat. § 603A.220. Disclosure of breach of security of system data; methods of disclosure.1. Any data collector that owns or licenses computerized data which includes personal information shall disclose any breach of the security of the system data following discovery or notification of the breach to any resident of this State whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection 3, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the system data.

2. Any data collector that maintains computerized data which includes personal information that the data collector does not own shall notify the owner or licensee of the information of any breach of the security of the system data immediately following discovery if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person.

3. The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section must be made after the law enforcement agency determines that the notification will not compromise the investigation.

4. For purposes of this section, except as otherwise provided in subsection 5, the notification required by this section may be provided by one of the following methods:

(a) Written notification.

(b) Electronic notification, if the notification provided is consistent with the provisions of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq.

(c) Substitute notification, if the data collector demonstrates that the cost of providing notification would exceed $250,000, the affected class of subject persons to be notified exceeds 500,000 or the data collector does not have sufficient contact information. Substitute notification must consist of all the following:

(1) Notification by electronic mail when the data collector has electronic mail addresses for the subject persons.

(2) Conspicuous posting of the notification on the Internet website of the data collector, if the data collector maintains an Internet website.

(3) Notification to major statewide media.

5. A data collector which:

(a) Maintains its own notification policies and procedures as part of an information security policy for the treatment of personal information that is otherwise consistent with the timing requirements of this section shall be deemed to be in compliance with the notification requirements of this section if the data collector notifies subject persons in accordance with its policies and procedures in the event of a breach of the security of the system data.

(b) Is subject to and complies with the privacy and security provisions of the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801 et seq., shall be deemed to be in compliance with the notification requirements of this section.

6. If a data collector determines that notification is required to be given pursuant to the provisions of this section to more than 1,000 persons at any one time, the data collector shall also notify, without unreasonable delay, any consumer reporting agency, as that term is defined in 15 U.S.C. § 1681a(p), that compiles and maintains files on consumers on a nationwide basis, of the time the notification is distributed and the content of the notification.

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Nev. Rev. Stat. § 603A.900. Civil action. A data collector that provides the notification required pursuant to NRS 603A.220 may commence an action for damages against a person that unlawfully obtained or benefited from personal information obtained from records maintained by the data collector. A data collector that prevails in such an action may be awarded damages which may include, without limitation, the reasonable costs of notification, reasonable attorney’s fees and costs and punitive damages when appropriate. The costs of notification include, without limitation, labor, materials, postage and any other costs reasonably related to providing the notification.Nev. Rev. Stat. § 603A.900. Civil action. A data collector that provides the notification required pursuant to NRS 603A.220 may commence an action for damages against a person that unlawfully obtained or benefited from personal information obtained from records maintained by the data collector. A data collector that prevails in such an action may be awarded damages which may include, without limitation, the reasonable costs of notification, reasonable attorney’s fees and costs and punitive damages when appropriate. The costs of notification include, without limitation, labor, materials, postage and any other costs reasonably related to providing the notification.

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Nev. Rev. Stat. § 603A.910. Restitution. In addition to any other penalty provided by law for the breach of the security of the system data maintained by a data collector, the court may order a person who is convicted of unlawfully obtaining or benefiting from personal information obtained as a result of such breach to pay restitution to the data collector for the reasonable costs incurred by the data collector in providing the notification required pursuant to NRS 603A.220, including, without limitation, labor, materials, postage and any other costs reasonably related to providing such notification.Nev. Rev. Stat. § 603A.910. Restitution. In addition to any other penalty provided by law for the breach of the security of the system data maintained by a data collector, the court may order a person who is convicted of unlawfully obtaining or benefiting from personal information obtained as a result of such breach to pay restitution to the data collector for the reasonable costs incurred by the data collector in providing the notification required pursuant to NRS 603A.220, including, without limitation, labor, materials, postage and any other costs reasonably related to providing such notification.

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Nev. Rev. Stat. § 603A.920. Injunction.If the Attorney General or a district attorney of any county has reason to believe that any person is violating, proposes to violate or has violated the provisions of this chapter, the Attorney General or district attorney may bring an action against that person to obtain a temporary or permanent injunction against the violation.Nev. Rev. Stat. § 603A.920. Injunction.If the Attorney General or a district attorney of any county has reason to believe that any person is violating, proposes to violate or has violated the provisions of this chapter, the Attorney General or district attorney may bring an action against that person to obtain a temporary or permanent injunction against the violation.

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Nev. Rev. Stat. § 604A.010. DEFERRED DEPOSIT LOANS, HIGH-INTEREST LOANS, TITLE LOANS AND CHECK-CASHING SERVICES - Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 604A.015 to 604A.125, inclusive, have the meanings ascribed to them in those sections.Nev. Rev. Stat. § 604A.010. DEFERRED DEPOSIT LOANS, HIGH-INTEREST LOANS, TITLE LOANS AND CHECK-CASHING SERVICES - Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 604A.015 to 604A.125, inclusive, have the meanings ascribed to them in those sections.

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Nev. Rev. Stat. § 604A.015. “Automated loan machine” defined.1. “Automated loan machine” means any machine or other device, regardless of the name given to it or the technology used, that:

(a) Is automated;

(b) Is designed or intended to allow a customer, without any additional assistance from another person, to receive or attempt to receive a deferred deposit loan or high-interest loan through the machine or other device; and

(c) Is set up, installed, operated or maintained by or on behalf of the person making the loan or any agent, affiliate or subsidiary of the person.

2. The term does not include any machine or other device used directly by a customer to access the Internet unless the machine or other device is made available to the customer by the person making the loan or any agent, affiliate or subsidiary of the person.
Nev. Rev. Stat. § 604A.015. “Automated loan machine” defined.1. “Automated loan machine” means any machine or other device, regardless of the name given to it or the technology used, that:

(a) Is automated;

(b) Is designed or intended to allow a customer, without any additional assistance from another person, to receive or attempt to receive a deferred deposit loan or high-interest loan through the machine or other device; and

(c) Is set up, installed, operated or maintained by or on behalf of the person making the loan or any agent, affiliate or subsidiary of the person.

2. The term does not include any machine or other device used directly by a customer to access the Internet unless the machine or other device is made available to the customer by the person making the loan or any agent, affiliate or subsidiary of the person.

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Nev. Rev. Stat. § 604A.020. “Cashing” defined. “Cashing” means providing currency or a negotiable instrument in exchange for a check.Nev. Rev. Stat. § 604A.020. “Cashing” defined. “Cashing” means providing currency or a negotiable instrument in exchange for a check.

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Nev. Rev. Stat. § 604A.025. “Check” defined.1. “Check” means:

(a) A draft, other than a documentary draft, payable on demand and drawn on a bank; or

(b) A cashier’s check or teller’s check.

2. An instrument may be a check even though it is described on its face by another term, such as “money order.”
Nev. Rev. Stat. § 604A.025. “Check” defined.1. “Check” means:

(a) A draft, other than a documentary draft, payable on demand and drawn on a bank; or

(b) A cashier’s check or teller’s check.

2. An instrument may be a check even though it is described on its face by another term, such as “money order.”

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Nev. Rev. Stat. § 604A.030. “Check-cashing service” defined. “Check-cashing service” means any person engaged in the business of cashing checks for a fee, service charge or other consideration.Nev. Rev. Stat. § 604A.030. “Check-cashing service” defined. “Check-cashing service” means any person engaged in the business of cashing checks for a fee, service charge or other consideration.

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Nev. Rev. Stat. § 604A.035. “Commissioner” defined. “Commissioner” means the Commissioner of Financial Institutions.Nev. Rev. Stat. § 604A.035. “Commissioner” defined. “Commissioner” means the Commissioner of Financial Institutions.

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Nev. Rev. Stat. § 604A.040. “Customer” defined.“Customer” means any person who receives or attempts to receive check-cashing services, deferred deposit loan services, high-interest loan services or title loan services from another person.Nev. Rev. Stat. § 604A.040. “Customer” defined.“Customer” means any person who receives or attempts to receive check-cashing services, deferred deposit loan services, high-interest loan services or title loan services from another person.

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Nev. Rev. Stat. § 604A.045. “Default” defined. 1. “Default” means the failure of a customer to:

(a) Make a scheduled payment on a loan on or before the due date for the payment under the terms of a lawful loan agreement and any grace period that complies with the provisions of NRS 604A.210 or under the terms of any lawful extension or repayment plan relating to the loan and any grace period that complies with the provisions of NRS 604A.210; or

(b) Pay a loan in full on or before:

(1) The expiration of the initial loan period as set forth in a lawful loan agreement and any grace period that complies with the provisions of NRS 604A.210; or

(2) The due date of any lawful extension or repayment plan relating to the loan and any grace period that complies with the provisions of NRS 604A.210, provided that the due date of the extension or repayment plan does not violate the provisions of this chapter.

2. A default occurs on the day immediately following the date of the customer’s failure to perform as described in subsection 1.
Nev. Rev. Stat. § 604A.045. “Default” defined. 1. “Default” means the failure of a customer to:

(a) Make a scheduled payment on a loan on or before the due date for the payment under the terms of a lawful loan agreement and any grace period that complies with the provisions of NRS 604A.210 or under the terms of any lawful extension or repayment plan relating to the loan and any grace period that complies with the provisions of NRS 604A.210; or

(b) Pay a loan in full on or before:

(1) The expiration of the initial loan period as set forth in a lawful loan agreement and any grace period that complies with the provisions of NRS 604A.210; or

(2) The due date of any lawful extension or repayment plan relating to the loan and any grace period that complies with the provisions of NRS 604A.210, provided that the due date of the extension or repayment plan does not violate the provisions of this chapter.

2. A default occurs on the day immediately following the date of the customer’s failure to perform as described in subsection 1.

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Nev. Rev. Stat. § 604A.050. “Deferred deposit loan” defined. “Deferred deposit loan” means a transaction in which, pursuant to a loan agreement:

1. A customer tenders to another person:

(a) A personal check drawn upon the account of the customer; or

(b) Written authorization for an electronic transfer of money for a specified amount from the account of the customer; and

2. The other person:

(a) Provides to the customer an amount of money that is equal to the face value of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction; and

(b) Agrees, for a specified period, not to cash the check or execute an electronic transfer of money for the amount specified in the written authorization.
Nev. Rev. Stat. § 604A.050. “Deferred deposit loan” defined. “Deferred deposit loan” means a transaction in which, pursuant to a loan agreement:

1. A customer tenders to another person:

(a) A personal check drawn upon the account of the customer; or

(b) Written authorization for an electronic transfer of money for a specified amount from the account of the customer; and

2. The other person:

(a) Provides to the customer an amount of money that is equal to the face value of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction; and

(b) Agrees, for a specified period, not to cash the check or execute an electronic transfer of money for the amount specified in the written authorization.

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Nev. Rev. Stat. § 604A.055. “Deferred deposit loan service” defined. “Deferred deposit loan service” means any person engaged in the business of making deferred deposit loans for a fee, service charge or other consideration.Nev. Rev. Stat. § 604A.055. “Deferred deposit loan service” defined. “Deferred deposit loan service” means any person engaged in the business of making deferred deposit loans for a fee, service charge or other consideration.

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Nev. Rev. Stat. § 604A.060. “Electronic transfer of money” defined. “Electronic transfer of money” means any transfer of money, other than a transaction initiated by a check or other similar instrument, that is initiated through an electronic terminal, telephone, computer or magnetic tape for the purpose of ordering, instructing or authorizing a financial institution to debit or credit an account.Nev. Rev. Stat. § 604A.060. “Electronic transfer of money” defined. “Electronic transfer of money” means any transfer of money, other than a transaction initiated by a check or other similar instrument, that is initiated through an electronic terminal, telephone, computer or magnetic tape for the purpose of ordering, instructing or authorizing a financial institution to debit or credit an account.

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Nev. Rev. Stat. § 604A.065. “Extension” defined. 1. “Extension” means any extension or rollover of a loan beyond the date on which the loan is required to be paid in full under the original terms of the loan agreement, regardless of the name given to the extension or rollover.

2. The term does not include a grace period.
Nev. Rev. Stat. § 604A.065. “Extension” defined. 1. “Extension” means any extension or rollover of a loan beyond the date on which the loan is required to be paid in full under the original terms of the loan agreement, regardless of the name given to the extension or rollover.

2. The term does not include a grace period.

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Nev. Rev. Stat. § 604A.070. “Grace period” defined. “Grace period” means any period of deferment offered gratuitously by a licensee to a customer if the licensee complies with the provisions of NRS 604A.210.Nev. Rev. Stat. § 604A.070. “Grace period” defined. “Grace period” means any period of deferment offered gratuitously by a licensee to a customer if the licensee complies with the provisions of NRS 604A.210.

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Nev. Rev. Stat. § 604A.0703. “High-interest loan” defined. 1. “High-interest loan” means a loan made to a customer pursuant to a loan agreement which, under its original terms, charges an annual percentage rate of more than 40 percent.

2. The term includes, without limitation, any single-payment loan, installment loan or open-ended loan which, under its original terms, charges an annual percentage rate of more than 40 percent.

3. The term does not include:

(a) A deferred deposit loan;

(b) A refund anticipation loan; or

(c) A title loan.
Nev. Rev. Stat. § 604A.0703. “High-interest loan” defined. 1. “High-interest loan” means a loan made to a customer pursuant to a loan agreement which, under its original terms, charges an annual percentage rate of more than 40 percent.

2. The term includes, without limitation, any single-payment loan, installment loan or open-ended loan which, under its original terms, charges an annual percentage rate of more than 40 percent.

3. The term does not include:

(a) A deferred deposit loan;

(b) A refund anticipation loan; or

(c) A title loan.

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Nev. Rev. Stat. § 604A.0705. “High-interest loan service” defined. “High-interest loan service” means any person engaged in the business of providing high-interest loans for a fee, service charge or other consideration.Nev. Rev. Stat. § 604A.0705. “High-interest loan service” defined. “High-interest loan service” means any person engaged in the business of providing high-interest loans for a fee, service charge or other consideration.

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Nev. Rev. Stat. § 604A.075. “Licensee” defined. “Licensee” means any person who has been issued one or more licenses to operate a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service pursuant to the provisions of this chapter.Nev. Rev. Stat. § 604A.075. “Licensee” defined. “Licensee” means any person who has been issued one or more licenses to operate a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service pursuant to the provisions of this chapter.

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Nev. Rev. Stat. § 604A.080. “Loan” defined. “Loan” means any deferred deposit loan, high-interest loan or title loan, or any extension or repayment plan relating to such a loan, made at any location or through any method, including, without limitation, at a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means.Nev. Rev. Stat. § 604A.080. “Loan” defined. “Loan” means any deferred deposit loan, high-interest loan or title loan, or any extension or repayment plan relating to such a loan, made at any location or through any method, including, without limitation, at a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means.

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Nev. Rev. Stat. § 604A.085. “Refund anticipation loan” defined. “Refund anticipation loan” means a loan offered or made to a taxpayer by a lender or through a facilitator based on the taxpayer’s anticipated federal income tax refund.Nev. Rev. Stat. § 604A.085. “Refund anticipation loan” defined. “Refund anticipation loan” means a loan offered or made to a taxpayer by a lender or through a facilitator based on the taxpayer’s anticipated federal income tax refund.

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Nev. Rev. Stat. § 604A.090. “Regulation Z” defined. “Regulation Z” means the federal regulations, as amended, 12 C.F.R. Part 226, adopted pursuant to the Truth in Lending Act and commonly known as Regulation Z.Nev. Rev. Stat. § 604A.090. “Regulation Z” defined. “Regulation Z” means the federal regulations, as amended, 12 C.F.R. Part 226, adopted pursuant to the Truth in Lending Act and commonly known as Regulation Z.

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Nev. Rev. Stat. § 604A.105. “Title loan” defined. 1. “Title loan” means a loan made to a customer pursuant to a loan agreement which, under its original terms:

(a) Charges an annual percentage rate of more than 35 percent; and

(b) Requires the customer to secure the loan by either:

(1) Giving possession of the title to a vehicle legally owned by the customer to the licensee or any agent, affiliate or subsidiary of the licensee; or

(2) Perfecting a security interest in the vehicle by having the name of the licensee or any agent, affiliate or subsidiary of the licensee noted on the title as a lienholder.

2. The term does not include a loan which creates a purchase-money security interest in a vehicle or the refinancing of any such loan.
Nev. Rev. Stat. § 604A.105. “Title loan” defined. 1. “Title loan” means a loan made to a customer pursuant to a loan agreement which, under its original terms:

(a) Charges an annual percentage rate of more than 35 percent; and

(b) Requires the customer to secure the loan by either:

(1) Giving possession of the title to a vehicle legally owned by the customer to the licensee or any agent, affiliate or subsidiary of the licensee; or

(2) Perfecting a security interest in the vehicle by having the name of the licensee or any agent, affiliate or subsidiary of the licensee noted on the title as a lienholder.

2. The term does not include a loan which creates a purchase-money security interest in a vehicle or the refinancing of any such loan.

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Nev. Rev. Stat. § 604A.110. “Title loan service” defined. “Title loan service” means any person engaged in the business of providing title loans for a fee, service charge or other consideration.Nev. Rev. Stat. § 604A.110. “Title loan service” defined. “Title loan service” means any person engaged in the business of providing title loans for a fee, service charge or other consideration.

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Nev. Rev. Stat. § 604A.115. “Title to a vehicle” or “title” defined. “Title to a vehicle” or “title” means a certificate of title or ownership issued pursuant to the laws of this State that identifies the legal owner of a vehicle or any similar document issued pursuant to the laws of another jurisdiction.Nev. Rev. Stat. § 604A.115. “Title to a vehicle” or “title” defined. “Title to a vehicle” or “title” means a certificate of title or ownership issued pursuant to the laws of this State that identifies the legal owner of a vehicle or any similar document issued pursuant to the laws of another jurisdiction.

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Nev. Rev. Stat. § 604A.120. “Truth in Lending Act” defined. “Truth in Lending Act” means the federal Truth in Lending Act, as amended, 15 U.S.C. §§ 1601 et seq.Nev. Rev. Stat. § 604A.120. “Truth in Lending Act” defined. “Truth in Lending Act” means the federal Truth in Lending Act, as amended, 15 U.S.C. §§ 1601 et seq.

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Nev. Rev. Stat. § 604A.125. “Vehicle” defined.1. “Vehicle” means any vehicle, whether or not self-propelled, that is designed or intended for land transportation if the legal owner of the vehicle is required to have a title.

2. The term includes, without limitation:

(a) Passenger vehicles;

(b) Recreational vehicles; and

(c) House trailers and travel trailers.

3. The term does not include:

(a) Farm vehicles;

(b) Vehicles of a common or contract carrier;

(c) Commercial vehicles;

(d) Construction vehicles;

(e) Military vehicles;

(f) Vehicles used exclusively upon stationary rails or tracks; or

(g) Any other vehicles which are similar in nature to the vehicles listed in paragraphs (a) to (f), inclusive, and which the Commissioner, by regulation, excludes from the definition of “vehicle.”
Nev. Rev. Stat. § 604A.125. “Vehicle” defined.1. “Vehicle” means any vehicle, whether or not self-propelled, that is designed or intended for land transportation if the legal owner of the vehicle is required to have a title.

2. The term includes, without limitation:

(a) Passenger vehicles;

(b) Recreational vehicles; and

(c) House trailers and travel trailers.

3. The term does not include:

(a) Farm vehicles;

(b) Vehicles of a common or contract carrier;

(c) Commercial vehicles;

(d) Construction vehicles;

(e) Military vehicles;

(f) Vehicles used exclusively upon stationary rails or tracks; or

(g) Any other vehicles which are similar in nature to the vehicles listed in paragraphs (a) to (f), inclusive, and which the Commissioner, by regulation, excludes from the definition of “vehicle.”

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Nev. Rev. Stat. § 604A.150. Additional terms defined under federal law; calculation of amount financed, annual percentage rate and finance charge.1. As used in this chapter, unless the context otherwise requires, the following terms have the meanings ascribed to them in the Truth in Lending Act and Regulation Z:

(a) “Amount financed.”

(b) “Annual percentage rate.”

(c) “Finance charge.”

(d) “Payment schedule.”

(e) “Total of payments.”

2. For the purposes of this chapter, proper calculation of the amount financed, annual percentage rate and finance charge for a loan must be made in accordance with the Truth in Lending Act and Regulation Z.
Nev. Rev. Stat. § 604A.150. Additional terms defined under federal law; calculation of amount financed, annual percentage rate and finance charge.1. As used in this chapter, unless the context otherwise requires, the following terms have the meanings ascribed to them in the Truth in Lending Act and Regulation Z:

(a) “Amount financed.”

(b) “Annual percentage rate.”

(c) “Finance charge.”

(d) “Payment schedule.”

(e) “Total of payments.”

2. For the purposes of this chapter, proper calculation of the amount financed, annual percentage rate and finance charge for a loan must be made in accordance with the Truth in Lending Act and Regulation Z.

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Nev. Rev. Stat. § 604A.200. Application of chapter to persons who seek to evade its provisions. The provisions of this chapter apply to any person who seeks to evade its application by any device, subterfuge or pretense, including, without limitation:

1. Calling a loan by any other name;

2. Using any agents, affiliates or subsidiaries in an attempt to avoid the application of the provisions of this chapter; or

3. Having any affiliation or other business arrangement with an entity that is exempt from the provisions of this chapter pursuant to subsection 1 of NRS 604A.250, the effect of which is to evade the provisions of this chapter, including, without limitation, making a loan while purporting to be the agent of such an exempt entity where the purported agent holds, acquires or maintains a preponderant economic interest in the revenues generated by the loan.
Nev. Rev. Stat. § 604A.200. Application of chapter to persons who seek to evade its provisions. The provisions of this chapter apply to any person who seeks to evade its application by any device, subterfuge or pretense, including, without limitation:

1. Calling a loan by any other name;

2. Using any agents, affiliates or subsidiaries in an attempt to avoid the application of the provisions of this chapter; or

3. Having any affiliation or other business arrangement with an entity that is exempt from the provisions of this chapter pursuant to subsection 1 of NRS 604A.250, the effect of which is to evade the provisions of this chapter, including, without limitation, making a loan while purporting to be the agent of such an exempt entity where the purported agent holds, acquires or maintains a preponderant economic interest in the revenues generated by the loan.

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Nev. Rev. Stat. § 604A.210. Chapter does not prohibit licensee from offering customer grace period. The provisions of this chapter do not prohibit a licensee from offering a customer a grace period on the repayment of a loan or an extension of a loan, except that the licensee shall not charge the customer:

1. Any fees for granting such a grace period; or

2. Any additional fees or additional interest on the outstanding loan during such a grace period.
Nev. Rev. Stat. § 604A.210. Chapter does not prohibit licensee from offering customer grace period. The provisions of this chapter do not prohibit a licensee from offering a customer a grace period on the repayment of a loan or an extension of a loan, except that the licensee shall not charge the customer:

1. Any fees for granting such a grace period; or

2. Any additional fees or additional interest on the outstanding loan during such a grace period.

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Nev. Rev. Stat. § 604A.220. Uniformity of application and construction; resolution of conflicts.1. The provisions of this chapter must be interpreted so as to effectuate their general purpose to provide for, to the extent practicable, uniform regulation of the loans and transactions that are subject to the provisions of this chapter.

2. If there is a conflict between the provisions of this chapter and the provisions of any other general law regulating loans and similar transactions, the provisions of this chapter control.
Nev. Rev. Stat. § 604A.220. Uniformity of application and construction; resolution of conflicts.1. The provisions of this chapter must be interpreted so as to effectuate their general purpose to provide for, to the extent practicable, uniform regulation of the loans and transactions that are subject to the provisions of this chapter.

2. If there is a conflict between the provisions of this chapter and the provisions of any other general law regulating loans and similar transactions, the provisions of this chapter control.

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Nev. Rev. Stat. § 604A.230. Effect of amendment or repeal of chapter on preexisting lawful contracts. This chapter or any part thereof may be modified, amended or repealed by the Legislature so as to effect a cancellation or alteration of any license or right of a licensee under this chapter, provided that such cancellation or alteration shall not impair or affect the obligation of any preexisting lawful loan agreement between any licensee and any customer.Nev. Rev. Stat. § 604A.230. Effect of amendment or repeal of chapter on preexisting lawful contracts. This chapter or any part thereof may be modified, amended or repealed by the Legislature so as to effect a cancellation or alteration of any license or right of a licensee under this chapter, provided that such cancellation or alteration shall not impair or affect the obligation of any preexisting lawful loan agreement between any licensee and any customer.

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Nev. Rev. Stat. § 604A.240. Collection of loans made outside State. Any loan lawfully made outside this State as permitted by the laws of the state in which the loan was made may be collected or otherwise enforced in this State in accordance with its terms.Nev. Rev. Stat. § 604A.240. Collection of loans made outside State. Any loan lawfully made outside this State as permitted by the laws of the state in which the loan was made may be collected or otherwise enforced in this State in accordance with its terms.

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Nev. Rev. Stat. § 604A.250. Exemptions from chapter. The provisions of this chapter do not apply to:

1. Except as otherwise provided in NRS 604A.200, a person doing business pursuant to the authority of any law of this State or of the United States relating to banks, national banking associations, savings banks, trust companies, savings and loan associations, credit unions, development corporations, mortgage brokers, mortgage bankers, thrift companies or insurance companies, including, without limitation, any affiliate or subsidiary of such a person regardless of whether the affiliate or subsidiary is a bank.

2. A person who is primarily engaged in the retail sale of goods or services who:

(a) As an incident to or independently of a retail sale or service, from time to time cashes checks for a fee or other consideration of not more than $2; and

(b) Does not hold himself or herself out as a check-cashing service.

3. A person while performing any act authorized by a license issued pursuant to chapter 671 of NRS.

4. A person who holds a nonrestricted gaming license issued pursuant to chapter 463 of NRS while performing any act in the course of that licensed operation.

5. A person who is exclusively engaged in a check-cashing service relating to out-of-state checks.

6. A corporation organized pursuant to the laws of this State that has been continuously and exclusively engaged in a check-cashing service in this State since July 1, 1973.

7. A pawnbroker, unless the pawnbroker operates a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service.

8. A real estate investment trust, as defined in 26 U.S.C. § 856.

9. An employee benefit plan, as defined in 29 U.S.C. § 1002(3), if the loan is made directly from money in the plan by the plan’s trustee.

10. An attorney at law rendering services in the performance of his or her duties as an attorney at law if the loan is secured by real property.

11. A real estate broker rendering services in the performance of his or her duties as a real estate broker if the loan is secured by real property.

12. Any firm or corporation:

(a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;

(b) Approved by the Federal National Mortgage Association as a seller or servicer; and

(c) Approved by the Department of Housing and Urban Development and the Department of Veterans Affairs.

13. A person who provides money for investment in loans secured by a lien on real property, on his or her own account.

14. A seller of real property who offers credit secured by a mortgage of the property sold.

15. A person who makes a refund anticipation loan, unless the person operates a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service.
Nev. Rev. Stat. § 604A.250. Exemptions from chapter. The provisions of this chapter do not apply to:

1. Except as otherwise provided in NRS 604A.200, a person doing business pursuant to the authority of any law of this State or of the United States relating to banks, national banking associations, savings banks, trust companies, savings and loan associations, credit unions, development corporations, mortgage brokers, mortgage bankers, thrift companies or insurance companies, including, without limitation, any affiliate or subsidiary of such a person regardless of whether the affiliate or subsidiary is a bank.

2. A person who is primarily engaged in the retail sale of goods or services who:

(a) As an incident to or independently of a retail sale or service, from time to time cashes checks for a fee or other consideration of not more than $2; and

(b) Does not hold himself or herself out as a check-cashing service.

3. A person while performing any act authorized by a license issued pursuant to chapter 671 of NRS.

4. A person who holds a nonrestricted gaming license issued pursuant to chapter 463 of NRS while performing any act in the course of that licensed operation.

5. A person who is exclusively engaged in a check-cashing service relating to out-of-state checks.

6. A corporation organized pursuant to the laws of this State that has been continuously and exclusively engaged in a check-cashing service in this State since July 1, 1973.

7. A pawnbroker, unless the pawnbroker operates a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service.

8. A real estate investment trust, as defined in 26 U.S.C. § 856.

9. An employee benefit plan, as defined in 29 U.S.C. § 1002(3), if the loan is made directly from money in the plan by the plan’s trustee.

10. An attorney at law rendering services in the performance of his or her duties as an attorney at law if the loan is secured by real property.

11. A real estate broker rendering services in the performance of his or her duties as a real estate broker if the loan is secured by real property.

12. Any firm or corporation:

(a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;

(b) Approved by the Federal National Mortgage Association as a seller or servicer; and

(c) Approved by the Department of Housing and Urban Development and the Department of Veterans Affairs.

13. A person who provides money for investment in loans secured by a lien on real property, on his or her own account.

14. A seller of real property who offers credit secured by a mortgage of the property sold.

15. A person who makes a refund anticipation loan, unless the person operates a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service.

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Nev. Rev. Stat. § 604A.260. Applicability of enforcement provisions of chapter. All provisions of this chapter governing enforcement or collection of an obligation originated under this chapter apply to:

1. Any purchaser or assignee of the obligation; and

2. Any person seeking to enforce or collect the obligation on behalf of a licensee.
Nev. Rev. Stat. § 604A.260. Applicability of enforcement provisions of chapter. All provisions of this chapter governing enforcement or collection of an obligation originated under this chapter apply to:

1. Any purchaser or assignee of the obligation; and

2. Any person seeking to enforce or collect the obligation on behalf of a licensee.

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Nev. Rev. Stat. § 604A.300. Regulations. 1. The Commissioner may establish by regulation the fees that a licensee who provides check-cashing services may impose for cashing checks.

2. The Commissioner shall adopt any other regulations as are necessary to carry out the provisions of this chapter.
Nev. Rev. Stat. § 604A.300. Regulations. 1. The Commissioner may establish by regulation the fees that a licensee who provides check-cashing services may impose for cashing checks.

2. The Commissioner shall adopt any other regulations as are necessary to carry out the provisions of this chapter.

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Nev. Rev. Stat. § 604A.310. Certain relationships between employees of Division of Financial Institutions and licensees prohibited; duty to terminate prohibited relationships. 1. Except as otherwise provided in subsection 3, an officer or employee of the Division of Financial Institutions of the Department of Business and Industry shall not:

(a) Be directly or indirectly interested in or act on behalf of any licensee;

(b) Receive, directly or indirectly, any payment from any licensee;

(c) Be indebted to any licensee;

(d) Engage in the negotiation of loans for others with any licensee; or

(e) Obtain credit or services from a licensee conditioned upon a fraudulent practice or undue or unfair preference over other customers.

2. An employee of the Division of Financial Institutions in the unclassified service of the State shall not obtain new extensions of credit from a licensee while in office.

3. Any officer or employee of the Division of Financial Institutions may be indebted to a licensee on the same terms as are available to the public generally.

4. If an officer or employee of the Division of Financial Institutions has a service, a preferred consideration, an interest or a relationship prohibited by this section at the time of his or her appointment or employment, or obtains it during his or her employment, he or she shall terminate it within 120 days after the date of his or her appointment or employment or the discovery of the prohibited act.
Nev. Rev. Stat. § 604A.310. Certain relationships between employees of Division of Financial Institutions and licensees prohibited; duty to terminate prohibited relationships. 1. Except as otherwise provided in subsection 3, an officer or employee of the Division of Financial Institutions of the Department of Business and Industry shall not:

(a) Be directly or indirectly interested in or act on behalf of any licensee;

(b) Receive, directly or indirectly, any payment from any licensee;

(c) Be indebted to any licensee;

(d) Engage in the negotiation of loans for others with any licensee; or

(e) Obtain credit or services from a licensee conditioned upon a fraudulent practice or undue or unfair preference over other customers.

2. An employee of the Division of Financial Institutions in the unclassified service of the State shall not obtain new extensions of credit from a licensee while in office.

3. Any officer or employee of the Division of Financial Institutions may be indebted to a licensee on the same terms as are available to the public generally.

4. If an officer or employee of the Division of Financial Institutions has a service, a preferred consideration, an interest or a relationship prohibited by this section at the time of his or her appointment or employment, or obtains it during his or her employment, he or she shall terminate it within 120 days after the date of his or her appointment or employment or the discovery of the prohibited act.

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Nev. Rev. Stat. § 604A.400. Unlawful acts; criminal penalties. 1. A person, including, without limitation, a person licensed pursuant to chapter 675 of NRS, shall not operate a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service unless the person is licensed with the Commissioner pursuant to the provisions of this chapter.

2. A person must have a license regardless of the location or method that the person uses to operate such a service, including, without limitation, at a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means, except that the person shall not operate such a service through any automated loan machine in violation of the provisions of subsection 3.

3. A person shall not operate a deferred deposit loan service or high-interest loan service through any automated loan machine, and the Commissioner shall not issue a license that authorizes the licensee to conduct business through any automated loan machine.

4. Any person, and any member, officer, director, agent or employee thereof, who violates or participates in the violation of any provision of this section is guilty of a misdemeanor.
Nev. Rev. Stat. § 604A.400. Unlawful acts; criminal penalties. 1. A person, including, without limitation, a person licensed pursuant to chapter 675 of NRS, shall not operate a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service unless the person is licensed with the Commissioner pursuant to the provisions of this chapter.

2. A person must have a license regardless of the location or method that the person uses to operate such a service, including, without limitation, at a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means, except that the person shall not operate such a service through any automated loan machine in violation of the provisions of subsection 3.

3. A person shall not operate a deferred deposit loan service or high-interest loan service through any automated loan machine, and the Commissioner shall not issue a license that authorizes the licensee to conduct business through any automated loan machine.

4. Any person, and any member, officer, director, agent or employee thereof, who violates or participates in the violation of any provision of this section is guilty of a misdemeanor.

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Nev. Rev. Stat. § 604A.402. Commissioner required to investigate alleged violations of chapter. If the Commissioner receives information from a registered agent pursuant to NRS 77.410 which indicates that a person may be violating the provisions of this chapter, the Commissioner shall investigate the person and take any appropriate action pursuant thereto.Nev. Rev. Stat. § 604A.402. Commissioner required to investigate alleged violations of chapter. If the Commissioner receives information from a registered agent pursuant to NRS 77.410 which indicates that a person may be violating the provisions of this chapter, the Commissioner shall investigate the person and take any appropriate action pursuant thereto.

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Nev. Rev. Stat. § 604A.405. Required notices and disclosures.1. A licensee shall post in a conspicuous place in every location at which the licensee conducts business under his or her license:

(a) A notice that states the fees the licensee charges for providing check-cashing services, deferred deposit loan services, high-interest loan services or title loan services.

(b) A notice that states a toll-free telephone number to the Office of the Commissioner to handle concerns or complaints of customers.

Ê The Commissioner shall adopt regulations prescribing the form and size of the notices required by this subsection.

2. If a licensee offers loans to customers at a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means, except for an automated loan machine prohibited by NRS 604A.400, the licensee shall, as appropriate to the location or method for making the loan, post in a conspicuous place where customers will see it before they enter into a loan, or disclose in an open and obvious manner to customers before they enter into a loan, a notice that states:

(a) The types of loans the licensee offers and the fees he or she charges for making each type of loan; and

(b) A list of the states where the licensee is licensed or authorized to conduct business from outside this State with customers located in this State.

3. A licensee who provides check-cashing services shall give written notice to each customer of the fees he or she charges for cashing checks. The customer must sign the notice before the licensee provides the check-cashing service.
Nev. Rev. Stat. § 604A.405. Required notices and disclosures.1. A licensee shall post in a conspicuous place in every location at which the licensee conducts business under his or her license:

(a) A notice that states the fees the licensee charges for providing check-cashing services, deferred deposit loan services, high-interest loan services or title loan services.

(b) A notice that states a toll-free telephone number to the Office of the Commissioner to handle concerns or complaints of customers.

Ê The Commissioner shall adopt regulations prescribing the form and size of the notices required by this subsection.

2. If a licensee offers loans to customers at a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means, except for an automated loan machine prohibited by NRS 604A.400, the licensee shall, as appropriate to the location or method for making the loan, post in a conspicuous place where customers will see it before they enter into a loan, or disclose in an open and obvious manner to customers before they enter into a loan, a notice that states:

(a) The types of loans the licensee offers and the fees he or she charges for making each type of loan; and

(b) A list of the states where the licensee is licensed or authorized to conduct business from outside this State with customers located in this State.

3. A licensee who provides check-cashing services shall give written notice to each customer of the fees he or she charges for cashing checks. The customer must sign the notice before the licensee provides the check-cashing service.

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Nev. Rev. Stat. § 604A.407. Determination of whether loan is high-interest loan.1. Except as otherwise provided in this section, for the purposes of determining whether a loan is a high-interest loan, when determining whether a lender is charging an annual percentage rate of more than 40 percent, calculations must be made in accordance with the Truth in Lending Act and Regulation Z, except that every charge or fee, regardless of the name given to the charge or fee, payable directly or indirectly by the customer and imposed directly or indirectly by the lender must be included in calculating the annual percentage rate, including, without limitation:

(a) Interest;

(b) Application fees, regardless of whether such fees are charged to all applicants or credit is actually extended;

(c) Fees charged for participation in a credit plan, whether assessed on an annual, periodic or nonperiodic basis; and

(d) Prepaid finance charges.

2. The following charges and fees must be excluded from the calculation of the annual percentage rate pursuant to subsection 1:

(a) Any fees allowed pursuant to NRS 604A.490 or 675.365 for a check not paid upon presentment or an electronic transfer of money that fails;

(b) Interest accrued after default pursuant to paragraph (c) of subsection 1 of NRS 604A.485;

(c) Charges for an unanticipated late payment, exceeding a credit limit, or a delinquency, default or similar occurrence; and

(d) Any premiums or identifiable charges for insurance permitted pursuant to NRS 675.300.

3. Calculation of the annual percentage rate in the manner specified in this section is limited only to the determination of whether a loan is a high-interest loan and must not be used in compliance with the disclosure requirements of paragraph (g) of subsection 2 of NRS 604A.410 or any other provisions of this chapter requiring disclosure of an annual percentage rate in the making of a loan.
Nev. Rev. Stat. § 604A.407. Determination of whether loan is high-interest loan.1. Except as otherwise provided in this section, for the purposes of determining whether a loan is a high-interest loan, when determining whether a lender is charging an annual percentage rate of more than 40 percent, calculations must be made in accordance with the Truth in Lending Act and Regulation Z, except that every charge or fee, regardless of the name given to the charge or fee, payable directly or indirectly by the customer and imposed directly or indirectly by the lender must be included in calculating the annual percentage rate, including, without limitation:

(a) Interest;

(b) Application fees, regardless of whether such fees are charged to all applicants or credit is actually extended;

(c) Fees charged for participation in a credit plan, whether assessed on an annual, periodic or nonperiodic basis; and

(d) Prepaid finance charges.

2. The following charges and fees must be excluded from the calculation of the annual percentage rate pursuant to subsection 1:

(a) Any fees allowed pursuant to NRS 604A.490 or 675.365 for a check not paid upon presentment or an electronic transfer of money that fails;

(b) Interest accrued after default pursuant to paragraph (c) of subsection 1 of NRS 604A.485;

(c) Charges for an unanticipated late payment, exceeding a credit limit, or a delinquency, default or similar occurrence; and

(d) Any premiums or identifiable charges for insurance permitted pursuant to NRS 675.300.

3. Calculation of the annual percentage rate in the manner specified in this section is limited only to the determination of whether a loan is a high-interest loan and must not be used in compliance with the disclosure requirements of paragraph (g) of subsection 2 of NRS 604A.410 or any other provisions of this chapter requiring disclosure of an annual percentage rate in the making of a loan.

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Nev. Rev. Stat. § 604A.408. Limitations on original term of deferred deposit and high-interest loans.1. Except as otherwise provided in this chapter, the original term of a deferred deposit loan or high-interest loan must not exceed 35 days.

2. The original term of a high-interest loan may be up to 90 days if:

(a) The loan provides for payments in installments;

(b) The payments are calculated to ratably and fully amortize the entire amount of principal and interest payable on the loan;

(c) The loan is not subject to any extension; and

(d) The loan does not require a balloon payment of any kind.

3. Notwithstanding the provisions of NRS 604A.480, a licensee shall not agree to establish or extend the period for the repayment, renewal, refinancing or consolidation of an outstanding deferred deposit loan or high-interest loan for a period that exceeds 90 days after the date of origination of the loan.
Nev. Rev. Stat. § 604A.408. Limitations on original term of deferred deposit and high-interest loans.1. Except as otherwise provided in this chapter, the original term of a deferred deposit loan or high-interest loan must not exceed 35 days.

2. The original term of a high-interest loan may be up to 90 days if:

(a) The loan provides for payments in installments;

(b) The payments are calculated to ratably and fully amortize the entire amount of principal and interest payable on the loan;

(c) The loan is not subject to any extension; and

(d) The loan does not require a balloon payment of any kind.

3. Notwithstanding the provisions of NRS 604A.480, a licensee shall not agree to establish or extend the period for the repayment, renewal, refinancing or consolidation of an outstanding deferred deposit loan or high-interest loan for a period that exceeds 90 days after the date of origination of the loan.

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Nev. Rev. Stat. § 604A.410. Written loan agreement required; contents. 1. Before making any loan to a customer, a licensee shall provide to the customer a written loan agreement which may be kept by the customer and which must be written in:

(a) English, if the transaction is conducted in English; or

(b) Spanish, if the transaction is conducted in Spanish.

2. The loan agreement must include, without limitation, the following information:

(a) The name and address of the licensee and the customer;

(b) The nature of the security for the loan, if any;

(c) The date and amount of the loan, amount financed, annual percentage rate, finance charge, total of payments, payment schedule and a description and the amount of every fee charged, regardless of the name given to the fee and regardless of whether the fee is required to be included in the finance charge under the Truth in Lending Act and Regulation Z;

(d) A disclosure of the right of the customer to rescind a loan pursuant to the provisions of this chapter;

(e) A disclosure of the right of the customer to pay his or her loan in full or in part with no additional charge pursuant to the provisions of this chapter;

(f) A disclosure stating that, if the customer defaults on the loan, the licensee must offer a repayment plan to the customer before the licensee commences any civil action or process of alternative dispute resolution or, if appropriate for the loan, before the licensee repossesses a vehicle; and

(g) Any other disclosures required under the Truth in Lending Act and Regulation Z or under any other applicable federal or state statute or regulation.
Nev. Rev. Stat. § 604A.410. Written loan agreement required; contents. 1. Before making any loan to a customer, a licensee shall provide to the customer a written loan agreement which may be kept by the customer and which must be written in:

(a) English, if the transaction is conducted in English; or

(b) Spanish, if the transaction is conducted in Spanish.

2. The loan agreement must include, without limitation, the following information:

(a) The name and address of the licensee and the customer;

(b) The nature of the security for the loan, if any;

(c) The date and amount of the loan, amount financed, annual percentage rate, finance charge, total of payments, payment schedule and a description and the amount of every fee charged, regardless of the name given to the fee and regardless of whether the fee is required to be included in the finance charge under the Truth in Lending Act and Regulation Z;

(d) A disclosure of the right of the customer to rescind a loan pursuant to the provisions of this chapter;

(e) A disclosure of the right of the customer to pay his or her loan in full or in part with no additional charge pursuant to the provisions of this chapter;

(f) A disclosure stating that, if the customer defaults on the loan, the licensee must offer a repayment plan to the customer before the licensee commences any civil action or process of alternative dispute resolution or, if appropriate for the loan, before the licensee repossesses a vehicle; and

(g) Any other disclosures required under the Truth in Lending Act and Regulation Z or under any other applicable federal or state statute or regulation.

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Nev. Rev. Stat. § 604A.415. Collection of defaulted loan; civil action to collect debt; venue. 1. If a customer defaults on a loan, the licensee may collect the debt owed to the licensee only in a professional, fair and lawful manner. When collecting such a debt, the licensee must act in accordance with and must not violate sections 803 to 812, inclusive, of the federal Fair Debt Collection Practices Act, as amended, 15 U.S.C. §§ 1692a to 1692j, inclusive, even if the licensee is not otherwise subject to the provisions of that Act.

2. If a licensee commences a civil action against a customer to collect a debt, the court may award:

(a) Court costs;

(b) Costs of service of process, except that the costs must not exceed the amount of the fees charged by the sheriff or constable for service of process in the county where the action was brought or, if the customer was not served in that county, in the county where the customer was served; and

(c) Reasonable attorney’s fees. In determining the amount of the attorney’s fees and whether they are reasonable, the court shall consider the complexity of the case, the amount of the debt and whether the licensee could have used less costly means to collect the debt.

3. Notwithstanding any provision of NRS 66.010 to the contrary, if:

(a) A licensee intends to commence a civil action in a Justice Court against a customer to collect a debt; and

(b) The customer resides in the county where the loan was made,

Ê the licensee is required to commence the civil action in the Justice Court for the township where the loan was made unless, after the date of default and before the licensee commences the civil action, the customer signs an affidavit agreeing to try the action in another Justice Court having jurisdiction over the subject matter and the parties. A licensee shall not, directly or indirectly, require, intimidate, threaten or coerce a customer to sign such an affidavit.
Nev. Rev. Stat. § 604A.415. Collection of defaulted loan; civil action to collect debt; venue. 1. If a customer defaults on a loan, the licensee may collect the debt owed to the licensee only in a professional, fair and lawful manner. When collecting such a debt, the licensee must act in accordance with and must not violate sections 803 to 812, inclusive, of the federal Fair Debt Collection Practices Act, as amended, 15 U.S.C. §§ 1692a to 1692j, inclusive, even if the licensee is not otherwise subject to the provisions of that Act.

2. If a licensee commences a civil action against a customer to collect a debt, the court may award:

(a) Court costs;

(b) Costs of service of process, except that the costs must not exceed the amount of the fees charged by the sheriff or constable for service of process in the county where the action was brought or, if the customer was not served in that county, in the county where the customer was served; and

(c) Reasonable attorney’s fees. In determining the amount of the attorney’s fees and whether they are reasonable, the court shall consider the complexity of the case, the amount of the debt and whether the licensee could have used less costly means to collect the debt.

3. Notwithstanding any provision of NRS 66.010 to the contrary, if:

(a) A licensee intends to commence a civil action in a Justice Court against a customer to collect a debt; and

(b) The customer resides in the county where the loan was made,

Ê the licensee is required to commence the civil action in the Justice Court for the township where the loan was made unless, after the date of default and before the licensee commences the civil action, the customer signs an affidavit agreeing to try the action in another Justice Court having jurisdiction over the subject matter and the parties. A licensee shall not, directly or indirectly, require, intimidate, threaten or coerce a customer to sign such an affidavit.

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Nev. Rev. Stat. § 604A.420. Practices regarding customers who are members of military. Notwithstanding any other provision of law:

1. If a customer is a member of the military, a licensee shall:

(a) Honor the terms of any repayment plan between the licensee and customer, including, without limitation, any repayment plan negotiated through military counselors or third-party credit counselors.

(b) Honor any proclamation by a base commander that a certain branch location of the licensee is off-limits to members of the military and their spouses.

2. If a customer is a member of the military, a licensee shall not:

(a) Garnish or threaten to garnish any wages or salary of the customer or the customer’s spouse; or

(b) Contact or threaten to contact the military chain of command of a customer in an effort to collect the loan.

3. If a customer is a member of the military and is deployed to a combat or combat supporting position, a licensee shall not engage in any collection activity against the customer or the customer’s spouse.

4. As used in this section, “military” means the Armed Forces of the United States, a reserve component thereof or the National Guard.
Nev. Rev. Stat. § 604A.420. Practices regarding customers who are members of military. Notwithstanding any other provision of law:

1. If a customer is a member of the military, a licensee shall:

(a) Honor the terms of any repayment plan between the licensee and customer, including, without limitation, any repayment plan negotiated through military counselors or third-party credit counselors.

(b) Honor any proclamation by a base commander that a certain branch location of the licensee is off-limits to members of the military and their spouses.

2. If a customer is a member of the military, a licensee shall not:

(a) Garnish or threaten to garnish any wages or salary of the customer or the customer’s spouse; or

(b) Contact or threaten to contact the military chain of command of a customer in an effort to collect the loan.

3. If a customer is a member of the military and is deployed to a combat or combat supporting position, a licensee shall not engage in any collection activity against the customer or the customer’s spouse.

4. As used in this section, “military” means the Armed Forces of the United States, a reserve component thereof or the National Guard.

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Nev. Rev. Stat. § 604A.425. Prohibited acts by licensee regarding amount of loan. 1. A licensee shall not:

(a) Make a deferred deposit loan that exceeds 25 percent of the expected gross monthly income of the customer when the loan is made; or

(b) Make a high-interest loan which, under the terms of the loan agreement, requires any monthly payment that exceeds 25 percent of the expected gross monthly income of the customer.

2. A licensee is not in violation of the provisions of this section if the customer presents evidence of his or her gross monthly income to the licensee and represents to the licensee in writing that:

(a) For a deferred deposit loan, the loan does not exceed 25 percent of the customer’s expected gross monthly income when the loan is made; or

(b) For a high-interest loan, the monthly payment required under the terms of the loan agreement does not exceed 25 percent of the customer’s expected gross monthly income.
Nev. Rev. Stat. § 604A.425. Prohibited acts by licensee regarding amount of loan. 1. A licensee shall not:

(a) Make a deferred deposit loan that exceeds 25 percent of the expected gross monthly income of the customer when the loan is made; or

(b) Make a high-interest loan which, under the terms of the loan agreement, requires any monthly payment that exceeds 25 percent of the expected gross monthly income of the customer.

2. A licensee is not in violation of the provisions of this section if the customer presents evidence of his or her gross monthly income to the licensee and represents to the licensee in writing that:

(a) For a deferred deposit loan, the loan does not exceed 25 percent of the customer’s expected gross monthly income when the loan is made; or

(b) For a high-interest loan, the monthly payment required under the terms of the loan agreement does not exceed 25 percent of the customer’s expected gross monthly income.

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Nev. Rev. Stat. § 604A.430. Prohibited acts by licensee regarding multiple loans to same customer. 1. A licensee shall not make more than one deferred deposit loan, single-advance, single-payment loan or high-interest loan to the same customer at one time or before any outstanding balance is paid in full on an existing loan made by that licensee to the customer unless:

(a) The customer is seeking multiple loans that do not exceed the limits set forth in NRS 604A.425;

(b) The licensee charges the same or a lower fee or service charge per $100 if it is a deferred deposit loan or single-advance, single-payment loan, or the same or a lower annual percentage rate of interest if it is a high-interest loan that is not a single-advance, single-payment loan, for any additional loans as the licensee charged for the initial loan;

(c) Except for that part of the finance charge which consists of interest only, the licensee does not impose any other charge or fee to initiate any additional loans, except that a licensee who makes deferred deposit loans or high-interest loans in accordance with the provisions of subsection 2 of NRS 604A.480 may charge a reasonable fee for preparing documents in an amount that does not exceed $50; and

(d) If the additional loans are deferred deposit loans and the customer provides one or more additional checks that are not paid upon presentment or one or more electronic transfers of money fail, the licensee does not charge any fees to the customer pursuant to NRS 604A.490, except for the fees allowed pursuant to that section for the first check that is not paid upon presentment or electronic transfer of money that failed.

2. As used in this section, “single-advance, single-payment loan” means a transaction in which, pursuant to a loan agreement, a customer is given a single advance equal to the amount financed with payment in full due within 35 days after the date of the transaction.
Nev. Rev. Stat. § 604A.430. Prohibited acts by licensee regarding multiple loans to same customer. 1. A licensee shall not make more than one deferred deposit loan, single-advance, single-payment loan or high-interest loan to the same customer at one time or before any outstanding balance is paid in full on an existing loan made by that licensee to the customer unless:

(a) The customer is seeking multiple loans that do not exceed the limits set forth in NRS 604A.425;

(b) The licensee charges the same or a lower fee or service charge per $100 if it is a deferred deposit loan or single-advance, single-payment loan, or the same or a lower annual percentage rate of interest if it is a high-interest loan that is not a single-advance, single-payment loan, for any additional loans as the licensee charged for the initial loan;

(c) Except for that part of the finance charge which consists of interest only, the licensee does not impose any other charge or fee to initiate any additional loans, except that a licensee who makes deferred deposit loans or high-interest loans in accordance with the provisions of subsection 2 of NRS 604A.480 may charge a reasonable fee for preparing documents in an amount that does not exceed $50; and

(d) If the additional loans are deferred deposit loans and the customer provides one or more additional checks that are not paid upon presentment or one or more electronic transfers of money fail, the licensee does not charge any fees to the customer pursuant to NRS 604A.490, except for the fees allowed pursuant to that section for the first check that is not paid upon presentment or electronic transfer of money that failed.

2. As used in this section, “single-advance, single-payment loan” means a transaction in which, pursuant to a loan agreement, a customer is given a single advance equal to the amount financed with payment in full due within 35 days after the date of the transaction.

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Nev. Rev. Stat. § 604A.435. Prohibited acts by licensee: Accepting certain collateral or other types of security; failing to make certain disclosures; taking incomplete instruments; requiring the purchase of insurance or other goods or services; failing to comply with payment plan; charging fee to cash certain checks. A licensee shall not:

1. Accept:

(a) Collateral as security for a loan, except that a title to a vehicle may be accepted as security for a title loan.

(b) An assignment of wages, salary, commissions or other compensation for services, whether earned or to be earned, as security for a loan.

(c) A check as security for a high-interest loan or title loan.

(d) More than one check or written authorization for an electronic transfer of money for each deferred deposit loan.

(e) A check or written authorization for an electronic transfer of money for any deferred deposit loan in an amount which exceeds the total of payments set forth in the disclosure statement required by the Truth in Lending Act and Regulation Z that is provided to the customer.

2. Take any note or promise to pay which does not disclose the date and amount of the loan, amount financed, annual percentage rate, finance charge, total of payments, payment schedule and a description and the amount of every fee charged, regardless of the name given to the fee and regardless of whether the fee is required to be included in the finance charge under the Truth in Lending Act and Regulation Z.

3. Take any instrument, including a check or written authorization for an electronic transfer of money, in which blanks are left to be filled in after the loan is made.

4. Make any transaction contingent on the purchase of insurance or any other goods or services or sell any insurance to the customer with the loan.

5. Fail to comply with a payment plan which is negotiated and agreed to by the licensee and customer.

6. Charge any fee to cash a check representing the proceeds of a loan made by the licensee or any agent, affiliate or subsidiary of the licensee.
Nev. Rev. Stat. § 604A.435. Prohibited acts by licensee: Accepting certain collateral or other types of security; failing to make certain disclosures; taking incomplete instruments; requiring the purchase of insurance or other goods or services; failing to comply with payment plan; charging fee to cash certain checks. A licensee shall not:

1. Accept:

(a) Collateral as security for a loan, except that a title to a vehicle may be accepted as security for a title loan.

(b) An assignment of wages, salary, commissions or other compensation for services, whether earned or to be earned, as security for a loan.

(c) A check as security for a high-interest loan or title loan.

(d) More than one check or written authorization for an electronic transfer of money for each deferred deposit loan.

(e) A check or written authorization for an electronic transfer of money for any deferred deposit loan in an amount which exceeds the total of payments set forth in the disclosure statement required by the Truth in Lending Act and Regulation Z that is provided to the customer.

2. Take any note or promise to pay which does not disclose the date and amount of the loan, amount financed, annual percentage rate, finance charge, total of payments, payment schedule and a description and the amount of every fee charged, regardless of the name given to the fee and regardless of whether the fee is required to be included in the finance charge under the Truth in Lending Act and Regulation Z.

3. Take any instrument, including a check or written authorization for an electronic transfer of money, in which blanks are left to be filled in after the loan is made.

4. Make any transaction contingent on the purchase of insurance or any other goods or services or sell any insurance to the customer with the loan.

5. Fail to comply with a payment plan which is negotiated and agreed to by the licensee and customer.

6. Charge any fee to cash a check representing the proceeds of a loan made by the licensee or any agent, affiliate or subsidiary of the licensee.

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Nev. Rev. Stat. § 604A.440. Prohibited acts by licensee: Improper lending and collection practices; deceptive trade practices; false, misleading and deceptive advertising; using agent, affiliate or subsidiary to avoid requirements or prohibitions of chapter. A licensee shall not:

1. Use or threaten to use the criminal process in this State or any other state, or any civil process not available to creditors generally, to collect on a loan made to a customer.

2. Commence a civil action or any process of alternative dispute resolution or repossess a vehicle before the customer defaults under the original term of a loan agreement or before the customer defaults under any repayment plan, extension or grace period negotiated and agreed to by the licensee and customer, unless otherwise authorized pursuant to this chapter.

3. Take any confession of judgment or any power of attorney running to the licensee or to any third person to confess judgment or to appear for the customer in a judicial proceeding.

4. Include in any written agreement:

(a) A promise by the customer to hold the licensee harmless;

(b) A confession of judgment by the customer;

(c) An assignment or order for the payment of wages or other compensation due the customer; or

(d) A waiver of any claim or defense arising out of the loan agreement or a waiver of any provision of this chapter. The provisions of this paragraph do not apply to the extent preempted by federal law.

5. Engage in any deceptive trade practice, as defined in chapter 598 of NRS, including, without limitation, making a false representation.

6. Advertise or permit to be advertised in any manner any false, misleading or deceptive statement or representation with regard to the rates, terms or conditions for loans.

7. Use or attempt to use any agent, affiliate or subsidiary to avoid the requirements or prohibitions of this chapter.
Nev. Rev. Stat. § 604A.440. Prohibited acts by licensee: Improper lending and collection practices; deceptive trade practices; false, misleading and deceptive advertising; using agent, affiliate or subsidiary to avoid requirements or prohibitions of chapter. A licensee shall not:

1. Use or threaten to use the criminal process in this State or any other state, or any civil process not available to creditors generally, to collect on a loan made to a customer.

2. Commence a civil action or any process of alternative dispute resolution or repossess a vehicle before the customer defaults under the original term of a loan agreement or before the customer defaults under any repayment plan, extension or grace period negotiated and agreed to by the licensee and customer, unless otherwise authorized pursuant to this chapter.

3. Take any confession of judgment or any power of attorney running to the licensee or to any third person to confess judgment or to appear for the customer in a judicial proceeding.

4. Include in any written agreement:

(a) A promise by the customer to hold the licensee harmless;

(b) A confession of judgment by the customer;

(c) An assignment or order for the payment of wages or other compensation due the customer; or

(d) A waiver of any claim or defense arising out of the loan agreement or a waiver of any provision of this chapter. The provisions of this paragraph do not apply to the extent preempted by federal law.

5. Engage in any deceptive trade practice, as defined in chapter 598 of NRS, including, without limitation, making a false representation.

6. Advertise or permit to be advertised in any manner any false, misleading or deceptive statement or representation with regard to the rates, terms or conditions for loans.

7. Use or attempt to use any agent, affiliate or subsidiary to avoid the requirements or prohibitions of this chapter.

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Nev. Rev. Stat. § 604A.442. Violation of federal law constitutes violation of chapter. Notwithstanding any other provision of law, a violation of any provision of section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law 109-364, or any regulation adopted pursuant thereto shall be deemed to be a violation of this chapter.Nev. Rev. Stat. § 604A.442. Violation of federal law constitutes violation of chapter. Notwithstanding any other provision of law, a violation of any provision of section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law 109-364, or any regulation adopted pursuant thereto shall be deemed to be a violation of this chapter.

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Nev. Rev. Stat. § 604A.445. Title loans: Restrictions on duration of loan and periods of extension. Notwithstanding any other provision of this chapter to the contrary:

1. The original term of a title loan must not exceed 30 days.

2. The title loan may be extended for not more than six additional periods of extension, with each such period not to exceed 30 days, if:

(a) Any interest or charges accrued during the original term of the title loan or any period of extension of the title loan are not capitalized or added to the principal amount of the title loan during any subsequent period of extension;

(b) The annual percentage rate charged on the title loan during any period of extension is not more than the annual percentage rate charged on the title loan during the original term; and

(c) No additional origination fees, set-up fees, collection fees, transaction fees, negotiation fees, handling fees, processing fees, late fees, default fees or any other fees, regardless of the name given to the fees, are charged in connection with any extension of the title loan.

3. The original term of a title loan may be up to 210 days if:

(a) The loan provides for payments in installments;

(b) The payments are calculated to ratably and fully amortize the entire amount of principal and interest payable on the loan;

(c) The loan is not subject to any extension; and

(d) The loan does not require a balloon payment of any kind.
Nev. Rev. Stat. § 604A.445. Title loans: Restrictions on duration of loan and periods of extension. Notwithstanding any other provision of this chapter to the contrary:

1. The original term of a title loan must not exceed 30 days.

2. The title loan may be extended for not more than six additional periods of extension, with each such period not to exceed 30 days, if:

(a) Any interest or charges accrued during the original term of the title loan or any period of extension of the title loan are not capitalized or added to the principal amount of the title loan during any subsequent period of extension;

(b) The annual percentage rate charged on the title loan during any period of extension is not more than the annual percentage rate charged on the title loan during the original term; and

(c) No additional origination fees, set-up fees, collection fees, transaction fees, negotiation fees, handling fees, processing fees, late fees, default fees or any other fees, regardless of the name given to the fees, are charged in connection with any extension of the title loan.

3. The original term of a title loan may be up to 210 days if:

(a) The loan provides for payments in installments;

(b) The payments are calculated to ratably and fully amortize the entire amount of principal and interest payable on the loan;

(c) The loan is not subject to any extension; and

(d) The loan does not require a balloon payment of any kind.

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Nev. Rev. Stat. § 604A.450. Title loans: Prohibited acts by licensee regarding amount of loan and customer’s ability to repay loan. A licensee who makes title loans shall not:

1. Make a title loan that exceeds the fair market value of the vehicle securing the title loan.

2. Make a title loan without regard to the ability of the customer seeking the title loan to repay the title loan, including the customer’s current and expected income, obligations and employment.

3. Make a title loan without requiring the customer to sign an affidavit which states that:

(a) The customer has provided the licensee with true and correct information concerning the customer’s income, obligations, employment and ownership of the vehicle; and

(b) The customer has the ability to repay the title loan.
Nev. Rev. Stat. § 604A.450. Title loans: Prohibited acts by licensee regarding amount of loan and customer’s ability to repay loan. A licensee who makes title loans shall not:

1. Make a title loan that exceeds the fair market value of the vehicle securing the title loan.

2. Make a title loan without regard to the ability of the customer seeking the title loan to repay the title loan, including the customer’s current and expected income, obligations and employment.

3. Make a title loan without requiring the customer to sign an affidavit which states that:

(a) The customer has provided the licensee with true and correct information concerning the customer’s income, obligations, employment and ownership of the vehicle; and

(b) The customer has the ability to repay the title loan.

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Nev. Rev. Stat. § 604A.455. Title loans: Applicability of Uniform Commercial Code; repossession of vehicle; civil action. 1. Except where in conflict with the provisions of this section, the provisions of chapter 104 of NRS apply to any title loan between a licensee and a customer.

2. Except as otherwise provided in this section, if a customer defaults on a title loan, or on any extension or repayment plan relating to the title loan, the sole remedy of the licensee who made the title loan is to seek repossession and sale of the vehicle which the customer used to secure the title loan. The licensee may not pursue the customer personally for:

(a) Payment of the loan, unless the licensee proves the customer prevented the repossession and sale of the vehicle by any means, including, without limitation, hiding the vehicle; or

(b) Any deficiency after repossession and sale of the vehicle which the customer used to secure the title loan, unless the licensee proves the customer damaged or otherwise committed or permitted waste on the vehicle. For the purposes of this paragraph, it shall not be deemed waste for the customer to continue to use the vehicle in the same manner it was used before the customer entered into the title loan.

3. If a vehicle is repossessed pursuant to this section:

(a) By the licensee or his or her employees, the licensee shall make reasonably available to the customer any personal property in or upon the vehicle; or

(b) By a third party acting on behalf of the licensee, the licensee shall instruct the third party to make reasonably available to the customer any personal property in or upon the vehicle.

4. If a customer uses fraud to secure a title loan or if the customer wrongfully transfers any interest in the vehicle to a third party before the title loan is repaid, the licensee may bring a civil action against the customer for any or all of the following relief:

(a) The amount of the loan obligation, including, without limitation, the aggregate amount of the interest, charges and fees negotiated and agreed to by the licensee and customer as permitted under this chapter, less any prior payments made by the customer;

(b) Reasonable attorney’s fees and costs; and

(c) Any other legal or equitable relief that the court deems appropriate.

5. As used in this section, “fraud” means an intentional misrepresentation, deception or concealment of a material fact known to the customer with the intent to deprive the licensee of his or her rights or property or to otherwise injure the licensee. The term includes, without limitation, giving to a licensee as security for a title loan the title to a vehicle which does not belong to the customer.
Nev. Rev. Stat. § 604A.455. Title loans: Applicability of Uniform Commercial Code; repossession of vehicle; civil action. 1. Except where in conflict with the provisions of this section, the provisions of chapter 104 of NRS apply to any title loan between a licensee and a customer.

2. Except as otherwise provided in this section, if a customer defaults on a title loan, or on any extension or repayment plan relating to the title loan, the sole remedy of the licensee who made the title loan is to seek repossession and sale of the vehicle which the customer used to secure the title loan. The licensee may not pursue the customer personally for:

(a) Payment of the loan, unless the licensee proves the customer prevented the repossession and sale of the vehicle by any means, including, without limitation, hiding the vehicle; or

(b) Any deficiency after repossession and sale of the vehicle which the customer used to secure the title loan, unless the licensee proves the customer damaged or otherwise committed or permitted waste on the vehicle. For the purposes of this paragraph, it shall not be deemed waste for the customer to continue to use the vehicle in the same manner it was used before the customer entered into the title loan.

3. If a vehicle is repossessed pursuant to this section:

(a) By the licensee or his or her employees, the licensee shall make reasonably available to the customer any personal property in or upon the vehicle; or

(b) By a third party acting on behalf of the licensee, the licensee shall instruct the third party to make reasonably available to the customer any personal property in or upon the vehicle.

4. If a customer uses fraud to secure a title loan or if the customer wrongfully transfers any interest in the vehicle to a third party before the title loan is repaid, the licensee may bring a civil action against the customer for any or all of the following relief:

(a) The amount of the loan obligation, including, without limitation, the aggregate amount of the interest, charges and fees negotiated and agreed to by the licensee and customer as permitted under this chapter, less any prior payments made by the customer;

(b) Reasonable attorney’s fees and costs; and

(c) Any other legal or equitable relief that the court deems appropriate.

5. As used in this section, “fraud” means an intentional misrepresentation, deception or concealment of a material fact known to the customer with the intent to deprive the licensee of his or her rights or property or to otherwise injure the licensee. The term includes, without limitation, giving to a licensee as security for a title loan the title to a vehicle which does not belong to the customer.

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Nev. Rev. Stat. § 604A.460. Rescission of loan by customer. 1. A customer may rescind a loan on or before the close of business on the next day of business at the location where the loan was initiated. To rescind the loan, the customer must deliver to the licensee:

(a) A sum of money equal to the face value of the loan, less any fee charged to the customer to initiate the loan; or

(b) The original check, if any, which the licensee gave to the customer pursuant to the loan. Upon receipt of the original check, the licensee shall refund any fee charged to the customer to initiate the loan.

2. If a customer rescinds a loan pursuant to this section, the licensee:

(a) Shall not charge the customer any fee for rescinding the loan; and

(b) Upon receipt of the sum of money or check pursuant to subsection 1, shall give to the customer a receipt showing the account paid in full and:

(1) If the customer gave to the licensee a check or a written authorization for an electronic transfer of money to initiate a deferred deposit loan, the check or written authorization stamped “void”;

(2) If the customer gave to the licensee a promissory note to initiate a high-interest loan, a copy of the promissory note stamped “void” or the receipt stamped “paid in full”; or

(3) If the customer gave to the licensee a title to a vehicle to initiate the title loan, the title.
Nev. Rev. Stat. § 604A.460. Rescission of loan by customer. 1. A customer may rescind a loan on or before the close of business on the next day of business at the location where the loan was initiated. To rescind the loan, the customer must deliver to the licensee:

(a) A sum of money equal to the face value of the loan, less any fee charged to the customer to initiate the loan; or

(b) The original check, if any, which the licensee gave to the customer pursuant to the loan. Upon receipt of the original check, the licensee shall refund any fee charged to the customer to initiate the loan.

2. If a customer rescinds a loan pursuant to this section, the licensee:

(a) Shall not charge the customer any fee for rescinding the loan; and

(b) Upon receipt of the sum of money or check pursuant to subsection 1, shall give to the customer a receipt showing the account paid in full and:

(1) If the customer gave to the licensee a check or a written authorization for an electronic transfer of money to initiate a deferred deposit loan, the check or written authorization stamped “void”;

(2) If the customer gave to the licensee a promissory note to initiate a high-interest loan, a copy of the promissory note stamped “void” or the receipt stamped “paid in full”; or

(3) If the customer gave to the licensee a title to a vehicle to initiate the title loan, the title.

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Nev. Rev. Stat. § 604A.465. Payment of loan in full. 1. A customer may pay a loan, or any extension thereof, in full at any time, without an additional charge or fee, before the date the customer’s final payment on the loan, or any extension thereof, is due.

2. If a customer pays the loan in full, including all interest, charges and fees negotiated and agreed to by the licensee and customer as permitted under this chapter, the licensee shall:

(a) Give to the customer:

(1) If the customer gave to the licensee a check or a written authorization for an electronic transfer of money to initiate a deferred deposit loan, the check or the written authorization stamped “void”;

(2) If the customer gave to the licensee a promissory note to initiate a high-interest loan, the promissory note stamped “void” or a receipt stamped “paid in full”; or

(3) If the customer gave to the licensee a title to a vehicle to initiate a title loan, the title; and

(b) Give to the customer a receipt with the following information:

(1) The name and address of the licensee;

(2) The identification number assigned to the loan agreement or other information that identifies the loan;

(3) The date of the payment;

(4) The amount paid;

(5) An itemization of interest, charges and fees;

(6) A statement that the loan is paid in full; and

(7) If more than one loan made by the licensee to the customer was outstanding at the time the payment was made, a statement indicating to which loan the payment was applied.
Nev. Rev. Stat. § 604A.465. Payment of loan in full. 1. A customer may pay a loan, or any extension thereof, in full at any time, without an additional charge or fee, before the date the customer’s final payment on the loan, or any extension thereof, is due.

2. If a customer pays the loan in full, including all interest, charges and fees negotiated and agreed to by the licensee and customer as permitted under this chapter, the licensee shall:

(a) Give to the customer:

(1) If the customer gave to the licensee a check or a written authorization for an electronic transfer of money to initiate a deferred deposit loan, the check or the written authorization stamped “void”;

(2) If the customer gave to the licensee a promissory note to initiate a high-interest loan, the promissory note stamped “void” or a receipt stamped “paid in full”; or

(3) If the customer gave to the licensee a title to a vehicle to initiate a title loan, the title; and

(b) Give to the customer a receipt with the following information:

(1) The name and address of the licensee;

(2) The identification number assigned to the loan agreement or other information that identifies the loan;

(3) The date of the payment;

(4) The amount paid;

(5) An itemization of interest, charges and fees;

(6) A statement that the loan is paid in full; and

(7) If more than one loan made by the licensee to the customer was outstanding at the time the payment was made, a statement indicating to which loan the payment was applied.

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Nev. Rev. Stat. § 604A.470. Partial payment on loan. 1. A customer may make a partial payment on a loan, or any extension thereof, at any time without an additional charge or fee.

2. If a customer makes such a partial payment, the licensee shall give to the customer a receipt with the following information:

(a) The name and address of the licensee;

(b) The identification number assigned to the loan agreement or other information that identifies the loan;

(c) The date of the payment;

(d) The amount paid;

(e) An itemization of interest, charges and fees;

(f) The balance due on the loan; and

(g) If more than one loan made by the licensee to the customer was outstanding at the time the payment was made, a statement indicating to which loan the payment was applied.
Nev. Rev. Stat. § 604A.470. Partial payment on loan. 1. A customer may make a partial payment on a loan, or any extension thereof, at any time without an additional charge or fee.

2. If a customer makes such a partial payment, the licensee shall give to the customer a receipt with the following information:

(a) The name and address of the licensee;

(b) The identification number assigned to the loan agreement or other information that identifies the loan;

(c) The date of the payment;

(d) The amount paid;

(e) An itemization of interest, charges and fees;

(f) The balance due on the loan; and

(g) If more than one loan made by the licensee to the customer was outstanding at the time the payment was made, a statement indicating to which loan the payment was applied.

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Nev. Rev. Stat. § 604A.475. Repayment plan. 1. Before a licensee attempts to collect the outstanding balance on a loan in default by commencing any civil action or process of alternative dispute resolution or repossessing a vehicle, the licensee shall offer the customer an opportunity to enter into a repayment plan. The licensee:

(a) Is required to make the offer available to the customer for a period of at least 30 days after the date of default; and

(b) Is not required to make such an offer more than once for each loan.

2. If the licensee intends to commence any civil action or process of alternative dispute resolution or repossess a vehicle in an effort to collect a defaulted loan, the licensee shall deliver to the customer, not later than 15 days after the date of default, or not later than 5 days after a check is not paid upon presentment or an electronic transfer of money fails, whichever is later, written notice of the opportunity to enter into a repayment plan. The written notice must:

(a) Be in English, if the initial transaction was conducted in English, or in Spanish, if the initial transaction was conducted in Spanish;

(b) State the date by which the customer must act to enter into a repayment plan;

(c) Explain the procedures the customer must follow to enter into a repayment plan;

(d) If the licensee requires the customer to make an initial payment to enter into a repayment plan, explain the requirement and state the amount of the initial payment and the date the initial payment must be made;

(e) State that the customer has the opportunity to enter into a repayment plan with a term of at least 90 days after the date of default; and

(f) Include the following amounts:

(1) The total of payments or the remaining balance on the original loan;

(2) Any payments made on the loan;

(3) Any charges added to the loan amount allowed pursuant to the provisions of this chapter; and

(4) The total amount due if the customer enters into a repayment plan.

3. Under the terms of any repayment plan pursuant to this section:

(a) The customer must enter into the repayment plan not later than 30 days after the date of default, unless the licensee allows a longer period;

(b) The licensee must allow the period for repayment to extend at least 90 days after the date of default, unless the customer agrees to a shorter term;

(c) The licensee may require the customer to make an initial payment of not more than 20 percent of the total amount due under the terms of the repayment plan;

(d) For a deferred deposit loan:

(1) The licensee may require a customer to provide, as security, one or more checks or written authorizations for an electronic transfer of money which equal the total amount due under the terms of the repayment plan;

(2) The licensee shall, if the customer makes a payment in the amount of a check or written authorization taken as security for that payment, return to the customer the check or written authorization stamped “void” or destroy the check or written authorization; and

(3) The licensee shall not charge any fee to the customer pursuant to NRS 604A.490 for a check which is provided as security during the repayment plan and which is not paid upon presentment if, in connection with that loan, the licensee has previously charged at least one such fee.

4. If the licensee and customer enter into a repayment plan pursuant to this section, the licensee shall honor the terms of the repayment plan, and the licensee shall not:

(a) Except as otherwise provided by this chapter, charge any other amount to a customer, including, without limitation, any amount or charge payable directly or indirectly by the customer and imposed directly or indirectly by the licensee as an incident to or as a condition of entering into a repayment plan. Such an amount includes, without limitation:

(1) Any interest, regardless of the name given to the interest, other than the interest charged pursuant to the original loan agreement at a rate which does not exceed the annual percentage rate charged during the term of the original loan agreement; or

(2) Any origination fees, set-up fees, collection fees, transaction fees, negotiation fees, handling fees, processing fees, late fees, default fees or any other fees, regardless of the name given to the fee;

(b) Except as otherwise provided in this section, accept any additional security or collateral from the customer to enter into the repayment plan;

(c) Sell to the customer any insurance or require the customer to purchase insurance or any other goods or services to enter into the repayment plan;

(d) Make any other loan to the customer, unless the customer is seeking multiple loans that do not exceed the limit set forth in NRS 604A.425;

(e) During the term of the repayment plan, attempt to collect the outstanding balance by commencing any civil action or process of alternative dispute resolution or by repossessing a vehicle, unless the customer defaults on the repayment plan; or

(f) Attempt to collect an amount that is greater than the amount owed under the terms of the repayment plan.

5. If the licensee and customer enter into a repayment plan pursuant to this section, the licensee shall:

(a) Prepare a written agreement establishing the repayment plan; and

(b) Give the customer a copy of the written agreement. The written agreement must:

(1) Be signed by the licensee and customer; and

(2) Contain all of the terms of the repayment plan, including, without limitation, the total amount due under the terms of the repayment plan.

6. Each time a customer makes a payment pursuant to a repayment plan, the licensee shall give to the customer a receipt with the following information:

(a) The name and address of the licensee;

(b) The identification number assigned to the loan agreement or other information that identifies the loan;

(c) The date of the payment;

(d) The amount paid;

(e) The balance due on the loan or, when the customer makes the final payment, a statement that the loan is paid in full; and

(f) If more than one loan made by the licensee to the customer was outstanding at the time the payment was made, a statement indicating to which loan the payment was applied.

7. If the customer defaults on the repayment plan, the licensee may, to collect the outstanding balance, commence any civil action or process of alternative dispute resolution or repossess a vehicle as otherwise authorized pursuant to this chapter.
Nev. Rev. Stat. § 604A.475. Repayment plan. 1. Before a licens