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2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 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. Except as otherwise provided in NRS 463.334, 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, including, without limitation, NRS 463.334, any other civil judgment, a report of criminal proceedings, or other adverse information, excluding a record of a conviction of a crime, which precedes the report by more than 7 years.
(Added to NRS by 1993, 2462; A 2015, 2719)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 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.
(Added to NRS by 1993, 2462)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 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.
(Added to NRS by 1993, 2462)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 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 Consumer Affairs Unit of the Department of Business and Industry in any action or proceeding brought by or against the Commissioner pursuant to any of the provisions of this chapter.
(Added to NRS by 1993, 2462; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; R temp. 2015, 3653; R temp. 2017, 2254; R temp. 2019, 2501; A 2021, 2745)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 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.
(Added to NRS by 1993, 2462)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 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.
(Added to NRS by 1993, 2463)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 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.
(Added to NRS by 2005, 1519)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 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.
(Added to NRS by 2005, 1520)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 598C.320 - Fees; exception to payment of fees for certain consumers.

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.
(Added to NRS by 2005, 1520; A 2007, 61)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 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,
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.
(Added to NRS by 2005, 1521)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 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.
(Added to NRS by 2005, 1521)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 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.
(Added to NRS by 2005, 1522)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 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.
(Added to NRS by 2005, 1522)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 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.
(Added to NRS by 2005, 1522)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 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.
(Added to NRS by 2005, 1523)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 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.
(Added to NRS by 2005, 1523)
2023 Nevada Revised Statutes › Chapter 598D - Unfair Lending Practices › NRS 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.
(Added to NRS by 2003, 2890)
2023 Nevada Revised Statutes › Chapter 598D - Unfair Lending Practices › NRS 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.
(Added to NRS by 2003, 2890; A 2007, 2846)
2023 Nevada Revised Statutes › Chapter 598D - Unfair Lending Practices › NRS 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.
(Added to NRS by 2003, 2890)
2023 Nevada Revised Statutes › Chapter 598D - Unfair Lending Practices › NRS 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.
(Added to NRS by 2003, 2890; A 2007, 2846)
2023 Nevada Revised Statutes › Chapter 598D - Unfair Lending Practices › NRS 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.
(Added to NRS by 2003, 2891)
2023 Nevada Revised Statutes › Chapter 598D - Unfair Lending Practices › NRS 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.
(Added to NRS by 2003, 2891)
2023 Nevada Revised Statutes › Chapter 598D - Unfair Lending Practices › NRS 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,
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.
(Added to NRS by 2003, 2892; A 2005, 1710; 2009, 1895)
2023 Nevada Revised Statutes › Chapter 598D - Unfair Lending Practices › NRS 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.
(Added to NRS by 2003, 2892)
2023 Nevada Revised Statutes › Chapter 599A - Solicitation to Purchase Land › NRS 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.
(Added to NRS by 1971, 1259)
2023 Nevada Revised Statutes › Chapter 599A - Solicitation to Purchase Land › NRS 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.
(Added to NRS by 1971, 1259)
2023 Nevada Revised Statutes › Chapter 599A - Solicitation to Purchase Land › NRS 599A.053 - Application for license to include social security number of applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.
(Added to NRS by 1997, 2103)
2023 Nevada Revised Statutes › Chapter 599A - Solicitation to Purchase Land › NRS 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 42 U.S.C. § 666, 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.
(Added to NRS by 1997, 2102)
2023 Nevada Revised Statutes › Chapter 599A - Solicitation to Purchase Land › NRS 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 42 U.S.C. § 666, 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.
(Added to NRS by 1997, 2102)
2023 Nevada Revised Statutes › Chapter 599A - Solicitation to Purchase Land › NRS 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.
(Added to NRS by 1971, 1259)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.005 - 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.
(Added to NRS by 1993, 2095; A 1995, 931)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.015 - Duties of Attorney General and Commissioner.

1. The Attorney General shall provide opinions for the Unit 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.
(Added to NRS by 1993, 2096; A 1997, 2018; 2001, 361; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; R temp. 2015, 3653; R temp. 2017, 2254; R temp. 2019, 2501)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 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.
(Added to NRS by 1993, 2100; A 2009, 2727; 2011, 2652; 2013, 1054; 2015, 3653; 2017, 2254; 2019, 2501)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 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 Unit 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.
(Added to NRS by 1989, 1382; A 1993, 2104; 1995, 936; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; R temp. 2015, 3653; R temp. 2017, 2254; R temp. 2019, 2501)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 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.
(Added to NRS by 1989, 1384; A 1993, 2106; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; R temp. 2015, 3653; R temp. 2017, 2254; R temp. 2019, 2501)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 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.
(Added to NRS by 1997, 3202; A 1999, 1905; 2003, 2859; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; R temp. 2015, 3653; R temp. 2017, 2254; R temp. 2019, 2501)
2023 Nevada Revised Statutes › Chapter 599B - Solicitation by Telephone › NRS 599B.125 - Statement regarding payment of child support by applicant for registration certificate; grounds for denial of registration certificate; duty of Unit. [Effective until the date of the repeal of 42 U.S.C. § 666, 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 Unit 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 Unit 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 Unit.
3. A registration certificate as a salesperson for a seller may not be issued or renewed by the Unit 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 Unit 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.
(Added to NRS by 1997, 2103; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054; R temp. 2015, 3653; R temp. 2017, 2254; R temp. 2019, 2501)