reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5045 - Limitation regarding amount of loan.

1. A licensee who operates a high-interest loan service shall not make a high-interest loan which, under the terms of the loan agreement and in combination with any other outstanding loan of the customer, requires any monthly payment that exceeds 25 percent of the expected gross monthly income of the customer.
2. A licensee who operates a high-interest loan service is not in violation of the provisions of this section if:
(a) The customer presents evidence of his or her gross monthly income to the licensee and represents to the licensee in writing that the monthly payment required under the terms of the loan agreement for the high-interest loan does not exceed 25 percent of the customer’s expected gross monthly income; and
(b) The licensee has utilized the database established pursuant to NRS 604A.303 to ensure that the terms of the high-interest loan, in combination with any other outstanding loan of the customer, do not require any monthly payment that exceeds 25 percent of the customer’s expected gross monthly income when the loan is made.
(Added to NRS by 2005, 1690; A 2007, 936; 2019, 944)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5046 - Prohibited acts by licensee regarding multiple loans to same customer.

1. A licensee who operates a high-interest loan service 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.5017 or 604A.5045, as applicable;
(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.5029 or subsection 2 of NRS 604A.5057, as applicable, 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.5031, 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.
(Added to NRS by 2005, 1690; A 2007, 936)—(Substituted in revision for part of NRS 604A.430)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5048 - Prohibited acts by licensee: Accepting 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 who operates a high-interest loan service shall not:
1. Accept:
(a) Collateral as security for a high-interest loan.
(b) An assignment of wages, salary, commissions or other compensation for services, whether earned or to be earned, as security for a high-interest loan.
(c) A check as security for a high-interest loan.
2. Take any note or promise to pay which does not disclose the date and amount of the high-interest 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 high-interest 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 high-interest 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 high-interest loan made by the licensee or any agent, affiliate or subsidiary of the licensee.
(Added to NRS by 2005, 1691; A 2007, 936)—(Substituted in revision for part of NRS 604A.435)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5049 - Prohibited acts by licensee: Improper lending and collection practices; deceptive trade practices; false, misleading and deceptive advertising; reinitiating certain transactions; using agent, affiliate or subsidiary to avoid requirements or prohibitions of chapter.

A licensee who operates a high-interest loan service 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 high-interest loan made to a customer.
2. Commence a civil action or any process of alternative dispute resolution before the customer defaults under the original term of a loan agreement or before the customer defaults under any repayment plan or extension 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 high-interest loans.
7. Reinitiate an electronic debit transaction that has been returned by a customer’s bank except in accordance with the rules prescribed by the National Automated Clearing House Association or its successor organization.
8. Use or attempt to use any agent, affiliate or subsidiary to avoid the requirements or prohibitions of this chapter.
(Added to NRS by 2005, 1691; A 2017, 1441)—(Substituted in revision for part of NRS 604A.440)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.505 - Rescission of loan by customer.

1. A customer may rescind a high-interest loan on or before the close of business on the next day of business at the location where the high-interest loan was initiated. To rescind the high-interest loan, the customer must deliver to the licensee:
(a) A sum of money equal to the face value of the high-interest loan, less any fee charged to the customer to initiate the high-interest loan; or
(b) The original check, if any, which the licensee gave to the customer pursuant to the high-interest loan. Upon receipt of the original check, the licensee shall refund any fee charged to the customer to initiate the high-interest loan.
2. If a customer rescinds a high-interest loan pursuant to this section, the licensee:
(a) Shall not charge the customer any fee for rescinding the high-interest 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 a copy of the promissory note given to initiate the high-interest loan which must be stamped "void" or the receipt stamped "paid in full."
(Added to NRS by 2005, 1693; A 2007, 937)—(Substituted in revision for part of NRS 604A.460)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5052 - Payment of loan in full.

1. A customer may pay a high-interest 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 high-interest loan, or any extension thereof, is due.
2. If a customer pays the high-interest 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 the promissory note used to initiate the high-interest loan which must be stamped "void" or a receipt stamped "paid in full"; 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 high-interest loan;
(3) The date of the payment;
(4) The amount paid;
(5) An itemization of interest, charges and fees;
(6) A statement that the high-interest 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.
(Added to NRS by 2005, 1693; A 2007, 938)—(Substituted in revision for part of NRS 604A.465)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5053 - Partial payment on loan.

1. A customer may make a partial payment on a high-interest 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 high-interest 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 high-interest 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.
(Added to NRS by 2005, 1694)—(Substituted in revision for part of NRS 604A.470)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5057 - Limitations on using proceeds of new deferred deposit loan or high-interest loan to pay balance of outstanding high-interest loan; exceptions.

1. Except as otherwise provided in subsection 2, if a customer agrees in writing to establish or extend the period for the repayment, renewal, refinancing or consolidation of an outstanding high-interest loan by using the proceeds of a new deferred deposit loan or high-interest loan to pay the balance of the outstanding high-interest loan, the licensee shall not establish or extend the period beyond 60 days after the expiration of the initial loan period. The licensee shall not add any unpaid interest or other charges accrued during the original term of the outstanding high-interest loan or any extension of the outstanding high-interest loan to the principal amount of the new deferred deposit loan or high-interest loan.
2. This section does not apply to a new deferred deposit loan or high-interest loan if the licensee:
(a) Makes the new deferred deposit loan or high-interest loan to a customer pursuant to a loan agreement which, under its original terms:
(1) Charges an annual percentage rate of less than 200 percent;
(2) Requires the customer to make a payment on the loan at least once every 30 days;
(3) Requires the loan to be paid in full in not less than 150 days; and
(4) Provides that interest does not accrue on the loan at the annual percentage rate set forth in the loan agreement after the date of maturity of the loan;
(b) Performs a credit check of the customer with a major consumer reporting agency before making the loan;
(c) Reports information relating to the loan experience of the customer to a major consumer reporting agency;
(d) Gives the customer the right to rescind the new deferred deposit loan or high-interest loan within 5 days after the loan is made without charging the customer any fee for rescinding the loan;
(e) Participates in good faith with a counseling agency that is:
(1) Accredited by the Council on Accreditation of Services for Families and Children, Inc., or its successor organization; and
(2) A member of the National Foundation for Credit Counseling, or its successor organization; and
(f) Does not commence any civil action or process of alternative dispute resolution on a defaulted loan or any extension or repayment plan thereof.
(Added to NRS by 2005, 1696; A 2007, 940)—(Substituted in revision for part of NRS 604A.480)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5058 - Limitations on amounts licensee may collect after default.

1. If a customer defaults on a high-interest loan or on any extension or repayment plan relating to the high-interest loan, whichever is later, the licensee may collect only the following amounts from the customer, less all payments made before and after default:
(a) The unpaid principal amount of the high-interest loan.
(b) The unpaid interest, if any, accrued before the default at the annual percentage rate set forth in the disclosure statement required by the Truth in Lending Act and Regulation Z that is provided to the customer. If there is an extension, in writing and signed by the customer, relating to the high-interest loan, the licensee may charge and collect interest pursuant to this paragraph for a period not to exceed 60 days after the expiration of the initial loan period, unless otherwise allowed by NRS 604A.5057.
(c) The interest accrued after the expiration of the initial loan period or after any extension or repayment plan that is allowed pursuant to this chapter, whichever is later, at an annual percentage rate not to exceed the prime rate at the largest bank in Nevada, as ascertained by the Commissioner, on January 1 or July 1, as the case may be, immediately preceding the expiration of the initial loan period, plus 10 percent. The licensee may charge and collect interest pursuant to this paragraph for a period not to exceed 90 days. After that period, the licensee shall not charge or collect any interest on the high-interest loan.
(d) Any fees allowed pursuant to NRS 604A.5061 for a check that is not paid upon presentment or an electronic transfer of money that fails because the account of the customer contains insufficient funds or has been closed.
The sum of all amounts collected pursuant to paragraphs (b), (c) and (d) must not exceed the principal amount of the high-interest loan.
2. Except for the interest and fees permitted pursuant to subsection 1 and any other charges expressly permitted pursuant to NRS 604A.5046, 604A.5055 and 604A.506, the licensee shall not charge any other amount to a customer who receives a high-interest loan, 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 the extension of the period for the payment of the high-interest loan or the extension of credit. Such prohibited amounts include, without limitation:
(a) Any interest, other than the interest charged pursuant to subsection 1, regardless of the name given to the interest; or
(b) 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.
(Added to NRS by 2005, 1697; A 2007, 941; 2013, 1517)—(Substituted in revision for part of NRS 604A.485)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.506 - Limitations on fees licensees may charge after default on installment payments.

In addition to the amounts authorized to be collected pursuant to NRS 604A.5058, a licensee who makes a high-interest loan in accordance with the provisions of subsection 2 of NRS 604A.5057 may charge a fee of not more than $15, payable on a one-time basis, for any installment payment that remains unpaid 10 days or more after the date of default.
(Added to NRS by 2013, 1516)—(Substituted in revision for NRS 604A.487)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5061 - Limitations on fees licensee may collect for check not paid upon presentment or failure of electronic transfer of money; standards for civil liability and criminal prosecution.

1. A licensee who operates a high-interest loan service may collect a fee of not more than $25 if a check is not paid upon presentment or an electronic transfer of money fails because the account of the customer contains insufficient funds or has been closed.
2. If the account of the customer contains insufficient funds, the licensee may collect only two fees of $25 each, regardless of the number of times the check is presented for payment or the electronic transfer of money is attempted.
3. If the account of the customer has been closed, the licensee may collect only one fee of $25, regardless of the number of times the check is presented or the electronic transfer of money is attempted for payment.
4. A customer who receives or attempts to receive a high-interest loan is not liable for damages pursuant to NRS 41.620 or to criminal prosecution for a violation of chapter 205 of NRS unless the customer acted with criminal intent.
(Added to NRS by 2005, 1698; A 2007, 942)—(Substituted in revision for part of NRS 604A.490)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5063 - Receipt required for each payment by customer; contents.

In addition to any other provision in this chapter, each time a customer who receives a high-interest loan makes a payment to a licensee who operates a high-interest loan service, the licensee shall 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 high-interest loan;
3. The date of the payment;
4. The amount paid;
5. The balance due on the high-interest loan or, when the customer makes a final payment, a statement that the high-interest loan is paid in full; and
6. 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.
(Added to NRS by 2005, 1698)—(Substituted in revision for part of NRS 604A.495)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5064 - Requirements regarding person acting as agent or assisting in making loan.

1. A person shall not act as an agent for or assist a licensee who operates a high-interest loan service in the making of a high-interest loan unless the licensee complies with all applicable federal and state laws, regulations and guidelines.
2. The provisions of this section do not apply to the agent or assistant to a state or federally chartered bank, thrift company, savings and loan association, savings bank or industrial loan company if the state or federally chartered bank, thrift company, savings and loan association, savings bank or industrial loan company:
(a) Initially advances the loan proceeds to the customer; and
(b) Does not sell, assign or transfer a preponderant economic interest in the high-interest loan to the agent or assistant or an affiliate or subsidiary of the state or federally chartered bank, thrift company, savings and loan association, savings bank or industrial loan company, unless selling, assigning or transferring a preponderant economic interest is expressly permitted by the primary regulator of the state or federally chartered bank, thrift company, savings and loan association, savings bank or industrial loan company.
3. If a licensee who operates a high-interest loan service acts as an agent for or assists a state or federally chartered bank, thrift company, savings and loan association, savings bank or industrial loan company in the making of a high-interest loan and the licensee can show that the standards set forth in subsection 2 are satisfied, the licensee must comply with all other provisions in this chapter to the extent they are not preempted by other state or federal law.
(Added to NRS by 2005, 1698)—(Substituted in revision for part of NRS 604A.500)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.580 - Required disclosures.

1. A licensee who has been issued a license to operate a high-interest loan service pursuant to this chapter shall comply with the disclosure requirements of NRS 604A.405 and the Federal Truth in Lending Act. A loan agreement between such a licensee and a customer must fully disclose the terms of the transaction, including, without limitation, the amount of any fees charged for providing high-interest loan services represented in both a dollar amount and as an annual percentage rate.
2. A licensee described in subsection 1 shall prominently disclose in the loan agreement all fees charged for providing high-interest loan services to a customer before he or she enters into the transaction process.
(Added to NRS by 2015, 1144)—(Substituted in revision for part of NRS 604A.520)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.581 - Prohibited fees.

A licensee who has been issued a license to operate a high-interest loan service pursuant to this chapter shall not charge a fee for providing high-interest loan services that is prohibited by an applicable law or regulation of this State or federal law or regulation.
(Added to NRS by 2015, 1144)—(Substituted in revision for part of NRS 604A.525)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.582 - Prohibited advertisements.

A licensee who has been issued a license to operate a high-interest loan service pursuant to this chapter shall comply with the provisions of subsection 6 of NRS 604A.5049 prohibiting advertisements that are false, misleading or deceptive with regard to the rates, terms or conditions for high-interest loans.
(Added to NRS by 2015, 1144)—(Substituted in revision for part of NRS 604A.530)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.583 - Required notices.

A licensee who has been issued a license to operate a high-interest loan service pursuant to this chapter shall place the following notices on marketing materials and television, print, radio and Internet advertising when space or time reasonably permits:
1. High-interest loans should be used for short-term financial needs only and not as a long-term financial solution; and
2. Customers with credit difficulties should seek credit counseling before entering into any high-interest loan transaction.
(Added to NRS by 2015, 1144)—(Substituted in revision for part of NRS 604A.535)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.584 - Limitations on extended term of loans.

A licensee who has been issued a license to operate a high-interest loan service pursuant to this chapter shall not allow a customer to extend, rollover, renew, refinance or consolidate any high-interest loan for a period longer than the period set forth in subsection 3 of NRS 604A.5037.
(Added to NRS by 2015, 1145)—(Substituted in revision for part of NRS 604A.540)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.585 - Rescission of loan by customer.

A licensee who has been issued a license to operate a high-interest loan service pursuant to this chapter shall provide each customer with the ability to rescind any high-interest loan in accordance with the provisions of NRS 604A.505.
(Added to NRS by 2015, 1145)—(Substituted in revision for part of NRS 604A.545)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.586 - Collection of past due accounts; prohibited acts.

A licensee who has been issued a license to operate a high-interest loan service pursuant to this chapter must collect past due accounts in a professional, fair and lawful manner in accordance with the provisions of NRS 604A.5049 and applicable provisions of the Federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., as amended. Such a licensee shall not use unlawful threats, intimidation or harassment to collect unpaid accounts.
(Added to NRS by 2015, 1145)—(Substituted in revision for part of NRS 604A.550)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.587 - Reporting violations of chapter.

A licensee who has been issued a license to operate a high-interest loan service pursuant to this chapter shall report to the Commissioner any person the licensee knows, or reasonably should know, is in violation of the provisions of this chapter within 30 days after the date the licensee knows, or reasonably should know, of the violation.
(Added to NRS by 2015, 1145)—(Substituted in revision for part of NRS 604A.555)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.588 - Certain licensees required to offer repayment plan.

A licensee who has been issued a license to operate a high-interest loan service pursuant to this chapter shall provide to any customer who is unable to repay a high-interest loan in accordance with the loan agreement between the licensee and the customer the opportunity to enter into a repayment plan pursuant to NRS 604A.5055. Such a licensee shall disclose the availability of such a repayment plan to any customer who is unable to repay a high-interest loan.
(Added to NRS by 2015, 1145)—(Substituted in revision for part of NRS 604A.560)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.589 - Licensee offering services through Internet website required to comply with applicable laws.

A licensee that offers high-interest loan services through an Internet website must be licensed in each state, as applicable, where any of its customers reside and shall comply with any state or federal law or regulation applicable to such jurisdiction.
(Added to NRS by 2015, 1145)—(Substituted in revision for part of NRS 604A.565)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5065 - Licensee required to make determination of ability of customer to repay loan and compliance of loan with certain requirements before making loan.

1. A licensee who operates a title loan service shall not make a title loan pursuant to this chapter unless the licensee determines pursuant to subsection 2 that the customer has the ability to repay the title loan and that the title loan complies with the provisions of NRS 604A.5076.
2. For the purposes of subsection 1, a customer has the ability to repay a title loan if the customer has a reasonable ability to repay the title loan, as determined by the licensee after considering, to the extent available, the following underwriting factors:
(a) The current or reasonably expected income of the customer;
(b) The current employment status of the customer based on evidence including, without limitation, a pay stub or bank deposit;
(c) The credit history of the customer;
(d) The amount due under the original term of the title loan, the monthly payment on the title loan, if the title loan is an installment loan, or the potential repayment plan if the customer defaults on the title loan; and
(e) Other evidence, including, without limitation, bank statements, electronic bank statements and written representations to the licensee.
3. For the purposes of subsection 1, a licensee who operates a title loan service shall not consider the ability of any person other than the customer to repay the title loan.
(Added to NRS by 2017, 1438)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5067 - Written loan agreement required; contents.

1. Before making a title loan to a customer, a licensee who operates a title loan service 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 for a title loan 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 title loan, if any;
(c) The date and amount of the title 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 title loan pursuant to the provisions of this chapter;
(e) A disclosure of the right of the customer to pay his or her title 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 title 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.
(Added to NRS by 2005, 1689; A 2007, 935)—(Substituted in revision for part of NRS 604A.410)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5068 - Requirements for collection of defaulted loan; civil action to collect debt; venue.

1. If a customer defaults on a title loan, the licensee who operates a title loan service 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 who operates a title loan service 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 who operates a title loan service 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 title loan was made,
the licensee is required to commence the civil action in the Justice Court for the township where the title 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 who operates a title loan service shall not, directly or indirectly, require, intimidate, threaten or coerce a customer to sign such an affidavit.
(Added to NRS by 2005, 1689)—(Substituted in revision for part of NRS 604A.415)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.507 - Practices regarding customers who are members of military.

Notwithstanding any other provision of law:
1. If a customer who receives or attempts to receive title loan services is a member of the military, a licensee who operates a title loan service 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 who receives or attempts to receive title loan services is a member of the military, a licensee who operates a title loan service 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 title loan.
3. If a customer who receives or attempts to receive title loan services is a member of the military and is deployed to a combat or combat supporting position, a licensee who operates a title loan service 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.
(Added to NRS by 2005, 1690; A 2007, 935, 2847)—(Substituted in revision for part of NRS 604A.420)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.50705 - Provision of information and materials concerning public assistance and services.

A person who operates a title loan service may, in consultation with the Department of Health and Human Services, distribute in a location at which the person conducts business under his or her license information and materials provided by the Department concerning public assistance and services provided by an agency or political subdivision of this State or the United States, including, without limitation, programs for debt reduction or relief, Medicaid, Supplemental Nutrition Assistance and Temporary Assistance for Needy Families.
(Added to NRS by 2019, 943)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5071 - 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 who operates a title loan service shall not:
1. Accept:
(a) Collateral as security for a title 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 title loan.
(c) A check as security for a title loan.
2. Take any note or promise to pay which does not disclose the date and amount of the title 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 title 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 title 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 title loan made by the licensee or any agent, affiliate or subsidiary of the licensee.
(Added to NRS by 2005, 1691; A 2007, 936)—(Substituted in revision for part of NRS 604A.435)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5072 - Prohibited acts by licensee: Improper lending and collection practices; deceptive trade practices; false, misleading and deceptive advertising; reinitiating certain transactions; using agent, affiliate or subsidiary to avoid requirements or prohibitions of chapter.

A licensee who operates a title loan service 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 title 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 or extension 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 title loans.
7. Reinitiate an electronic debit transaction that has been returned by a customer’s bank except in accordance with the rules prescribed by the National Automated Clearing House Association or its successor organization.
8. Use or attempt to use any agent, affiliate or subsidiary to avoid the requirements or prohibitions of this chapter.
(Added to NRS by 2005, 1691; A 2017, 1441)—(Substituted in revision for part of NRS 604A.440)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5074 - 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;
(d) The loan does not require a balloon payment of any kind; and
(e) The loan is not a deferred deposit loan.
(Added to NRS by 2005, 1692; A 2007, 937; 2017, 1441)—(Substituted in revision for NRS 604A.445)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5076 - Prohibited acts by licensee regarding amount of loan, ownership of vehicle 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 to a customer secured by a vehicle which is not legally owned by the customer.
3. Make a title loan without determining that the customer has the ability to repay the title loan, as required by NRS 604A.5065. In complying with this subsection, the licensee shall not consider the income of any person who is not a legal owner of the vehicle securing the title loan but may consider a customer’s community property and the income of any other customers who consent to the loan pursuant to subsection 5 and enter into a loan agreement with the licensee.
4. 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.
5. Make a title loan secured by a vehicle with multiple legal owners without the consent of each owner.
(Added to NRS by 2005, 1692; A 2017, 1442)—(Substituted in revision for NRS 604A.450)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5078 - Applicability of Uniform Commercial Code; repossession of vehicle; civil action.

1. Except where in conflict with the provisions of this section, the provisions of chapters 104 to 104C, inclusive, of NRS apply to any title loan between a licensee who operates a title loan service 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 who made the title loan 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 who made the title loan 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.
(Added to NRS by 2005, 1692)—(Substituted in revision for NRS 604A.455)
2023 Nevada Revised Statutes › Chapter 604A - Deferred Deposit Loans, High-Interest Loans, Title Loans and Check-Cashing Services › NRS 604A.5079 - Rescission of loan by customer.

1. A customer may rescind a title loan on or before the close of business on the next day of business at the location where the title loan was initiated. To rescind the title loan, the customer must deliver to the licensee:
(a) A sum of money equal to the face value of the title loan, less any fee charged to the customer to initiate the title loan; or
(b) The original check, if any, which the licensee gave to the customer pursuant to the title loan. Upon receipt of the original check, the licensee shall refund any fee charged to the customer to initiate the title loan.
2. If a customer rescinds a title loan pursuant to this section, the licensee:
(a) Shall not charge the customer any fee for rescinding the title 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 the title to the vehicle given by the customer to the licensee to initiate the title loan.
(Added to NRS by 2005, 1693; A 2007, 937)—(Substituted in revision for part of NRS 604A.460)