reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.080 - Cooperation with Federal Government and other states.

The Attorney General may cooperate with and coordinate the enforcement of the provisions of this chapter with officials of the Federal Government and the several states, including but not limited to the sharing of information and evidence obtained in accordance with NRS 598A.100.
(Added to NRS by 1975, 951)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.090 - Jurisdiction of district courts.

The district courts have jurisdiction over actions and proceedings for violations of the provisions of this chapter and may:
1. Issue temporary restraining orders and injunctions to prevent and restrain violations of the provisions of this chapter.
2. Impose civil and criminal penalties and award damages as provided in this chapter.
3. Grant mandatory injunctions reasonably necessary to eliminate practices which are unlawful under the provisions of this chapter.
4. Grant other equitable relief the court considers appropriate for violations of the provisions of this chapter, including, without limitation, disgorgement or restitution.
(Added to NRS by 1975, 947; A 2021, 310)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.100 - Investigative demands: Issuance by Attorney General; service; contents; privileged information.

1. Whenever the Attorney General has reasonable cause to believe that any person has information or is in possession, custody or control of any document or other tangible evidence relevant to an investigation for violation of any provision of this chapter, he or she may issue in writing and cause to be served upon that person, before bringing any action concerning such violation or suspected violation, an investigative demand to:
(a) Appear and be examined under oath;
(b) Answer written interrogatories under oath; or
(c) Produce the document or other tangible evidence for inspection and copying.
2. The demand shall:
(a) Be served upon the person in the manner required for service of process in this state or by certified mail with return receipt requested.
(b) State the section or sections of this chapter, alleged to have been violated and the general nature of the investigation.
(c) Describe the class or classes of documents or other tangible evidence with sufficient definiteness to permit them to be fairly identified.
(d) Contain a copy of the written interrogatories, if any.
(e) Prescribe a time at which the person must appear to testify, within which to answer the written interrogatories or produce the documents or other tangible evidence, but inspection of documentary material or other tangible evidence may be carried out at the place where the documents or evidence are located when the production of the material would be burdensome to the person investigated or where such visitorial investigation would be preferred by the Attorney General.
(f) Specify a place for the taking of testimony or for production of evidence and identify the person who is to take custody of the document or other tangible evidence for the purposes of inspection or copying.
3. A written investigative demand shall not require the submission of any privileged documentary material or testimony.
(Added to NRS by 1975, 947)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.110 - Investigative demands: Confidentiality.

1. Any procedure, testimony taken, document or other tangible evidence produced, or answer made under NRS 598A.100 shall be kept confidential by the Attorney General prior to the entry of a protective order in an action brought under this chapter for the alleged violation of the provisions of this chapter under investigation, unless:
(a) Confidentiality is waived by the person upon whom the written investigative demand is made or pursuant to NRS 239.0115;
(b) Disclosure is authorized by the district court; or
(c) Disclosure is made pursuant to NRS 598A.080.
2. The Attorney General is not required to provide the information described in subsection 1 to the Executive Director of the Patient Protection Commission upon a request of the Executive Director pursuant to NRS 439.914.
(Added to NRS by 1975, 947; A 2007, 2121; 2021, 310)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.120 - Investigative demands: Order requiring compliance; penalty for failure to obey.

In case of refusal to comply in whole or in part with the written investigative demand by any person to whom it is directed, any district court of the State of Nevada, upon application of the Attorney General, may issue an order requiring compliance. Failure to obey the order of the court may be punished by the court as a contempt of court.
(Added to NRS by 1975, 948)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.130 - Investigative demands: Immunity from criminal prosecution.

1. If a natural person refuses to make written answer, testify or produce evidence pursuant to a written investigative demand on the ground he or she may be incriminated thereby, any district court of the State of Nevada, upon the ex parte application of the Attorney General may order, in the name of the State of Nevada, that the natural person be released from all liability to be prosecuted or punished on account of any testimony or other evidence he or she may be required to produce.
2. Except as provided in subsection 3, such order of immunity shall forever be a bar to prosecution against the witness for any offense shown in whole or in part by such testimony or other evidence.
3. Immunity obtained pursuant to this section shall not:
(a) Exempt any person from prosecution for perjury committed in the giving of such testimony; or
(b) Prevent the Attorney General or a civil litigant from instituting civil proceedings against any person who violates the provisions of this chapter.
(Added to NRS by 1975, 948)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.140 - Investigative demands: Order compelling compliance after immunity granted; penalty for failure to obey.

If any person refuses to testify, produce evidence or make answer after being granted immunity from prosecution as provided by NRS 598A.130, the Attorney General may apply to any district court for an order compelling such person to testify, produce evidence or make answer. Any person who disobeys such order of the court may be held in contempt of court.
(Added to NRS by 1975, 948)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.150 - Investigative demands: Duty of public officers and employees to furnish information and assistance.

It is the duty of all public officers of any state agency, board or commission, and their deputies, assistants, clerks, subordinates or employees, to render and furnish to the Attorney General, his or her deputy or other designated representative, when so requested, including, without limitation, during the time in which discovery is being conducted in a proceeding instituted by the Attorney General, all the information and assistance in their possession or within their power relating to investigations carried out and proceedings instituted under the provisions of this chapter.
(Added to NRS by 1975, 948; A 2021, 310)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.160 - Civil action by Attorney General for damages and other relief; proof of damages; procedure for distributing recovery.

1. The Attorney General may bring a civil action for any violation of the provisions of this chapter in the name of the State of Nevada and is entitled to recover damages and secure other relief provided by the provisions of this chapter:
(a) As parens patriae of the persons residing in this State, with respect to damages sustained directly or indirectly by such persons, or, alternatively, if the court finds in its discretion that the interests of justice so require, as a representative of a class or classes consisting of persons residing in this State who have been damaged directly or indirectly; or
(b) As parens patriae, with respect to direct or indirect damages to the general economy of the State of Nevada or any agency or political subdivision thereof.
2. In any action under this section, this State:
(a) May recover the aggregate damage sustained by the persons on whose behalf this State sues, without separately proving the individual claims of each such person. Proof of such damages must be based on:
(1) Statistical or sampling methods;
(2) The pro rata allocation of illegal overcharges of sales occurring within the State of Nevada; or
(3) Such other reasonable system of estimating aggregate damages as the court may permit.
(b) Shall distribute, allocate or otherwise pay the amounts so recovered in accordance with state law, or in the absence of any applicable state law, as the district court may authorize, subject to the requirement that any distribution procedure adopted afford each person on whose behalf this State sues a reasonable opportunity individually to secure the pro rata portion of such recovery attributable to his, her or its respective claims for damages, less litigation and administrative costs, including attorney fees, before any of the recovery is escheated.
(Added to NRS by 1975, 948; A 1999, 945; 2021, 311)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.170 - Civil penalty in action brought by Attorney General for engaging in prohibited activity.

Persons who engage in activities prohibited by this chapter are civilly liable, at the suit of the Attorney General, in an amount not to exceed 5 percent of the gross income realized by the sale of commodities or services sold by such persons in this state in each year in which the prohibited activities occurred.
(Added to NRS by 1975, 949)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.180 - Suit by Attorney General against domestic corporation or association.

1. Upon a violation of the provisions of this chapter by any corporation or association organized under the laws of this state, or upon failure to comply with the terms of the final judgment or decree rendered by a court of this state for a violation of the provisions of this chapter, or to comply with a consent judgment or decree rendered by a court of this state concerning an alleged violation of the provisions of this chapter, the Attorney General may institute a suit in any district court for:
(a) The forfeiture of charter rights, franchises, privileges and powers, and for the dissolution of the corporation or association; or
(b) The suspension of the privilege to conduct business within the State.
2. The district court, in its discretion and with due consideration of all relevant factors, including relevant public interests and competitive and economic factors, may order the dissolution, suspend the privilege to conduct business for a specific period, deny such relief or provide other appropriate relief.
(Added to NRS by 1975, 949)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.190 - Suit by Attorney General against foreign corporation or association.

1. Upon a violation of the provisions of this chapter by a foreign corporation or association exercising the privilege of conducting business within this state, or upon a failure to comply with the terms of the final judgment or decree rendered by a court of this state in any proceeding under the provisions of this chapter, or to comply with a consent judgment or decree rendered by a court of this state concerning an alleged violation of the provisions of this chapter, the Attorney General may institute a suit in any district court for the revocation or suspension of franchises, privileges and powers connected with doing business within the State.
2. The district court, in its discretion and with due consideration of all relevant factors, including relevant public interests and competitive and economic factors, may order the revocation or suspension of the privilege to conduct business for a specified period, deny relief or provide other appropriate relief. A revocation shall have the same effect as a failure to qualify to do business in this state.
(Added to NRS by 1975, 949)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.200 - Action for injury to public business or property: Treble damages; attorney’s fees and costs.

The State, any district, municipal corporation, agency or other political subdivision of the State injured in its business or property by reason of a violation of the provisions of this chapter, shall recover treble damages, together with reasonable attorney fees and costs.
(Added to NRS by 1975, 950)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.210 - Private action for injury to business or property: Injunctive or other equitable relief; treble damages; attorney’s fees and costs; copy of complaint mailed to Attorney General.

Except as otherwise provided in NRS 598A.430:
1. Any person threatened with injury or damage to his or her business or property by reason of a violation of any provision of this chapter may institute a civil action or proceeding for injunctive or other equitable relief, including, without limitation, a temporary restraining order, a preliminary or permanent injunction, restitution or disgorgement. If the court issues a permanent injunction, the plaintiff shall recover reasonable attorney fees, together with costs, as determined by the court.
2. Any person injured or damaged directly or indirectly in his or her business or property by reason of a violation of the provisions of this chapter may institute a civil action and shall recover treble damages, together with reasonable attorney fees and costs.
3. Any person commencing an action for any violation of the provisions of this chapter shall, simultaneously with the filing of the complaint with the court, mail a copy of the complaint to the Attorney General.
(Added to NRS by 1975, 950; A 1999, 946; 2021, 311)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.220 - Limitation of actions.

1. An action brought under NRS 598A.170 or 598A.200 is barred if it is not commenced within 4 years after the cause of action accrues, or if the cause of action is based upon a conspiracy in violation of this chapter, within 4 years after the plaintiff discovered, or by the exercise of reasonable diligence, should have discovered the facts relied upon for proof of the conspiracy.
2. An action brought under NRS 598A.160 or 598A.210 is barred if it is not commenced:
(a) Within 4 years after the cause of action accrues, or if the cause of action is based upon a conspiracy in violation of this chapter, within 4 years after the plaintiff discovered, or by the exercise of reasonable diligence, should have discovered the facts relied upon for proof of the conspiracy; or
(b) Within 1 year after the conclusion of any action or proceeding brought under NRS 598A.170 or 598A.200 commenced within or before the running of the 4-year period as provided in paragraph (a) and which is based in whole or in part on any matter complained of in the action for damages.
3. For the purpose of this section, a cause of action for a continuing violation arises at any time during the period of such violation.
(Added to NRS by 1975, 950)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.230 - Liability of legal or commercial entity for acts of its officers, directors and agents.

A corporation, association, firm, partnership, proprietorship or any other legal or commercial entity is liable under this chapter for the acts of its officers, directors, representatives or agents, acting within the scope of their actual or apparent authority. Proof of the acts of any such officer, director, representative or agent shall constitute prima facie proof as being the acts of the corporation, association, firm, partnership or proprietorship itself.
(Added to NRS by 1975, 949)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.240 - Judgments and decrees as prima facie evidence.

Any final judgment or decree, other than a stipulation or consent decree approved by a district court before any testimony has been taken, rendered in any action or proceeding brought by the Attorney General or any district attorney with the permission or at the direction of the Attorney General, shall be prima facie evidence in any action brought under this chapter as to all matters with respect to which the judgment or decree would be an estoppel between the parties to the suit.
(Added to NRS by 1975, 950)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.260 - Money obtained by Attorney General as awards, damages or penalties to be deposited in Consumer Protection Administrative Account.

All money obtained as awards, damages or civil penalties for the State of Nevada and its agencies by the Attorney General as a result of enforcement of statutes pertaining to unfair trade practices, whether by final judgment, settlement or otherwise, must be deposited in the Consumer Protection Administrative Account pursuant to NRS 228.332.
(Added to NRS by 1975, 951; A 1979, 119; 1999, 946; 2003, 2877; 2021, 2185)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.280 - Criminal penalty.

Except as otherwise provided in NRS 598A.440, a person who conspires to, or does, violate any of the provisions of this chapter is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1975, 950; A 1995, 1307; 2021, 3553)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.290 - Definitions.

As used in NRS 598A.290 to 598A.430, inclusive, unless the context otherwise requires, the words and terms defined in 598A.300 to 598A.380, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2021, 307)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.300 - "Affiliation" defined.

"Affiliation" means an agreement, arrangement or activity, the consummation of which results in:
1. A group practice or health carrier having control of another group practice or health carrier; or
2. A group practice or health carrier coming under common ownership with another group practice or health carrier.
(Added to NRS by 2021, 307)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.310 - "Control" defined.

"Control" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by a contract other than a commercial contract for goods or nonmanagement services or otherwise, unless the power is the result of an official position with or corporate office held by the person.
(Added to NRS by 2021, 307)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.320 - "Group practice" defined.

1. "Group practice" means two or more practitioners who are legally organized in a partnership, professional corporation, limited-liability company formed to render professional services, medical foundation, nonprofit corporation, faculty practice plan or other similar entity:
(a) In which each practitioner who is a member of the group provides substantially the full range of services that the practitioner routinely provides, including, without limitation, medical care, consultation, diagnosis or treatment, through the joint use of shared office space, facilities, equipment or personnel;
(b) For which substantially all of the services of the practitioners who are members of the group practice are billed in the name of the group practice and amounts so received are treated as receipts of the group; or
(c) In which the overhead expenses of, and the income from, the group are distributed in accordance with methods determined by members of the group.
2. The term includes any entity that otherwise meets the definition whose shareholders, partners or owners include single-practitioner professional corporations, limited-liability companies formed to render professional services or other entities to which beneficial owners are individual practitioners.
(Added to NRS by 2021, 307)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.360 - "Practitioner" defined.

"Practitioner" means a physician licensed pursuant to chapter 630 or 633 of NRS, physician assistant, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, occupational therapist, licensed psychologist or perfusionist.
(Added to NRS by 2021, 308)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.370 - "Reportable health care or health carrier transaction" defined.

1. "Reportable health care or health carrier transaction" means any transaction that:
(a) Results in a material change to the business or corporate structure of a group practice or health carrier; and
(b) As a result of the transaction, would cause a group practice or health carrier to provide within a geographic market 50 percent or more of any health care service, including, without limitation, a health care service involving a specialty, or any health carrier service.
2. The term does not include a transaction involving business entities which:
(a) Are under common ownership; or
(b) Have a contracting relationship that was established before October 1, 2021.
3. As used in this section, a "material change to the business or corporate structure of a group practice or health carrier" includes, without limitation:
(a) The merger, consolidation or affiliation of a group practice or health carrier with another group practice or health carrier;
(b) The acquisition of all or substantially all of:
(1) The properties and assets of a group practice; or
(2) The capital stock, membership interests or other equity interest of a group practice or health carrier;
(c) The employment of all or substantially all of the practitioners in a group practice; and
(d) The acquisition of one or more insolvent group practices.
(Added to NRS by 2021, 308)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.390 - Party to reportable health care or health carrier transaction to submit notification to Attorney General before consummation of transaction; contents of notification; satisfaction of requirement by alternative means.

1. Except as otherwise provided in subsection 2, any person conducting business in this State who is a party to a reportable health care or health carrier transaction shall, at least 30 days before the consummation of the reportable health care or health carrier transaction, submit to the Attorney General a notification on a form prescribed by the Attorney General. The notification must contain the following information, to the extent such information is applicable:
(a) A brief description of the nature of the proposed relationship among the parties to the proposed reportable health care or health carrier transaction;
(b) The names and specialties of each practitioner working for the group practice that is the subject of the reportable health care or health carrier transaction and who is anticipated to work with the resulting group practice following the effective date of the transaction;
(c) The names of the business entities that are anticipated to provide health care services or health carrier services following the effective date of the reportable health care or health carrier transaction;
(d) An identification of each anticipated location where health care services or health carrier services are to be provided following the effective date of the reportable health care or health carrier transaction;
(e) A description of the services to be provided by practitioners at each location identified pursuant to paragraph (d); and
(f) The primary service area to be served by each location identified pursuant to paragraph (d).
2. If a person who is a party to a reportable health care or health carrier transaction is required to:
(a) Submit a copy of a filing to the Attorney General pursuant to NRS 598A.400 regarding the transaction, the copy of the filing submitted pursuant to NRS 598A.400 satisfies the requirement for notification pursuant to subsection 1.
(b) Submit a notification to the Commissioner of Insurance pursuant to NRS 692C.363 regarding the transaction, the person may satisfy the requirement for notification pursuant to subsection 1 by simultaneously submitting to the Attorney General a copy of the notification submitted to the Commissioner of Insurance.
(Added to NRS by 2021, 308)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.400 - Submission to Attorney General of notification required by Hart-Scott-Rodino Antitrust Improvements Act of 1976.

1. Any person conducting business in this State that files a notification with the Federal Trade Commission or the United States Department of Justice pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, 15 U.S.C. § 18a regarding a transaction that involves any assets of a group practice or health carrier in this State shall simultaneously submit a copy of the filing to the Attorney General.
2. A person that submits a copy of a filing to the Attorney General pursuant to subsection 1 satisfies the requirement for notice set forth in NRS 598A.390.
(Added to NRS by 2021, 309)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.410 - Authority of Attorney General to issue investigative demand.

Nothing in NRS 598A.290 to 598A.430, inclusive, limits the power of the Attorney General to issue an investigative demand in connection with an investigation of a suspected violation of the provisions of this chapter pursuant to NRS 598A.100.
(Added to NRS by 2021, 309)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.420 - Confidentiality of information received by Attorney General.

All information received by the Attorney General pursuant to NRS 598A.290 to 598A.430, inclusive, must be kept confidential in the same manner and to the same extent as required in NRS 598A.110.
(Added to NRS by 2021, 309)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.430 - Civil penalty for violation; no private right of action.

1. A person who willfully violates any provision of NRS 598A.290 to 598A.430, inclusive, is subject to a civil penalty not to exceed $1,000 for each day of the violation.
2. The provisions of NRS 598A.290 to 598A.430, inclusive, do not establish a private right of action against any person.
(Added to NRS by 2021, 309)
2023 Nevada Revised Statutes › Chapter 598A - Unfair Trade Practices › NRS 598A.440 - Provider of health care prohibited from entering into certain contracts; violation constitutes contract in restraint of trade; authorized provisions of contract; subcontracting or delegating performance of obligations under contract; penalty.

1. A violation of this subsection constitutes a contract in restraint of trade. A provider of health care shall not willfully enter into, willfully offer to enter into or willfully solicit a contract with a third party that directly or indirectly:
(a) Restricts the third party from offering incentives to a covered person to use specific providers of health care or otherwise steering a covered person to a specific provider of health care;
(b) Restricts the third party from assigning providers of health care into tiers for the purpose of encouraging the use of certain providers of health care;
(c) Requires the third party to place all providers of health care affiliated with a business entity in the same tier;
(d) Requires the third party to contract with a business entity affiliated with a provider of health care as a condition of entering into a contract with the provider of health care; or
(e) Prohibits the third party from contracting with a provider of health care that is not a party to the contract or penalizes the third party for entering into such a contract.
2. A contract between a provider of health care and a third party may include any provisions not expressly prohibited by subsection 1 or otherwise prohibited by law.
3. The provisions of this section do not authorize a third party to subcontract for the performance of obligations under a contract with a provider of health care or delegate such obligations in a manner that is inconsistent with the terms of the contract.
4. Any provision of a contract that is described in paragraphs (a) to (e), inclusive, of subsection 1 is void and severable from the contract.
5. Any person who conspires to, or does, violate any of the provisions of this section is guilty of a misdemeanor.
6. As used in this section:
(a) "Affiliated" means any entity or person who directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with a specified entity or person.
(b) "Covered person" means a policyholder, subscriber, enrollee or other person covered by a third party.
(c) "Provider of health care" means:
(1) A physician or other health care practitioner who is licensed or otherwise authorized in this State to furnish any health care service; or
(2) An institution providing health care services or other setting in which health care services are provided, including, without limitation, a hospital, surgical center for ambulatory patients, facility for skilled nursing, residential facility for groups, laboratory and any other such licensed facility.
(d) "Third party" means any insurer, governmental entity or other organization providing health coverage or benefits in accordance with state or federal law.
(Added to NRS by 2021, 3552)
2023 Nevada Revised Statutes › Chapter 598B - Equal Opportunity for Credit › NRS 598B.020 - Declaration of public policy.

It is hereby declared to be the public policy of the State of Nevada that all people in the State desiring to obtain credit shall be afforded equal opportunity to have their creditworthiness evaluated under the same relevant economic standards and without any discrimination on the basis of their race, color, creed, religion, disability, national origin or ancestry, sex, sexual orientation, gender identity or expression, or marital status.
(Added to NRS by 1975, 827; A 2019, 1594)
2023 Nevada Revised Statutes › Chapter 598B - Equal Opportunity for Credit › NRS 598B.030 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 598B.040 to 598B.080, inclusive, have the meanings ascribed to them in such sections.
(Added to NRS by 1975, 827; A 2019, 1594)
2023 Nevada Revised Statutes › Chapter 598B - Equal Opportunity for Credit › NRS 598B.040 - "Applicant" defined.

"Applicant" means any person who applies to a creditor directly for an extension, renewal or continuation of credit, or applies to a creditor indirectly by use of an existing credit plan for an amount exceeding a previously established credit limit.
(Added to NRS by 1975, 827)
2023 Nevada Revised Statutes › Chapter 598B - Equal Opportunity for Credit › NRS 598B.050 - "Credit" defined.

"Credit" means the right granted by a creditor to any person to:
1. Incur a debt and defer its payment.
2. Purchase property or services and defer payment for the purchase.
3. Defer payment of an existing debt.
(Added to NRS by 1975, 827)
2023 Nevada Revised Statutes › Chapter 598B - Equal Opportunity for Credit › NRS 598B.060 - "Creditor" defined.

"Creditor" means any person who:
1. Regularly extends, renews or continues credit;
2. Regularly arranges for the extension, renewal or continuation of credit; or
3. Participates in the decision to extend, renew or continue credit as an assignee of an original creditor.
(Added to NRS by 1975, 827)
2023 Nevada Revised Statutes › Chapter 598B - Equal Opportunity for Credit › NRS 598B.090 - Administration of chapter; duties of Commissioner of Financial Institutions.

The Commissioner of Financial Institutions through the Division shall:
1. Administer the provisions of this chapter;
2. Study the nature and extent of any discrimination as to race, color, creed, religion, disability, national origin or ancestry, sex, sexual orientation, gender identity or expression, or marital status in credit practices in this state; and
3. Cooperate with and assist all public and private agencies, organizations and institutions which are formulating or carrying on programs to prevent or eliminate discrimination on the basis of race, color, creed, religion, disability, national origin or ancestry, sex, sexual orientation, gender identity or expression, or marital status in credit practices.
(Added to NRS by 1975, 827; A 1983, 1700; 1987, 1876; 2019, 1594)
2023 Nevada Revised Statutes › Chapter 598B - Equal Opportunity for Credit › NRS 598B.100 - Unlawful to discriminate on basis of race, color, creed, religion, disability, national origin or ancestry, sex, sexual orientation, gender identity or expression, or marital status.

It is unlawful for any creditor to discriminate against any applicant on the basis of the applicant’s race, color, creed, religion, disability, national origin or ancestry, sex, sexual orientation, gender identity or expression, or marital status with respect to any aspect of a credit transaction.
(Added to NRS by 1975, 827; A 2019, 1594)
2023 Nevada Revised Statutes › Chapter 598B - Equal Opportunity for Credit › NRS 598B.110 - Considerations in determining creditworthiness.

1. A creditor shall consider the combined income of both spouses for the purpose of extending credit to a married couple and shall not exclude the income of either without just cause. The creditor shall determine the creditworthiness of the married couple upon a reasonable evaluation of the past, present and foreseeable economic circumstances of both spouses.
2. A request for the signatures of both parties to a marriage for the purpose of creating a valid lien or passing clear title, waiving inchoate rights to property or assigning earnings, does not constitute credit discrimination.
3. An inquiry of marital status does not constitute discrimination for the purposes of this chapter if such inquiry is for the purpose of ascertaining the creditor’s rights and remedies applicable to the particular extension of credit, and not to discriminate in a determination of creditworthiness.
4. Consideration or application of state property laws directly or indirectly affecting creditworthiness does not constitute discrimination for the purposes of this chapter.
(Added to NRS by 1975, 827; A 2017, 794)
2023 Nevada Revised Statutes › Chapter 598B - Equal Opportunity for Credit › NRS 598B.115 - Extension of credit to be mailed to same address as solicitation; exception.

If a creditor other than a creditor subject to the provisions of NRS 97A.142 mails a solicitation for the extension of credit to a person and the person applies for such credit, the creditor shall mail the extension of credit to the person to the same address as the solicitation, unless the creditor verifies any change of address of the person using a reliable method.
(Added to NRS by 1999, 1346; A 2007, 48)
2023 Nevada Revised Statutes › Chapter 598B - Equal Opportunity for Credit › NRS 598B.120 - Separate credit accounts of married persons not to be aggregated for certain purposes.

If each party to a marriage separately and voluntarily applies for and obtains separate credit from the same creditor, the credit accounts shall not be aggregated or otherwise combined for purposes of determining permissible finance charges or loan ceilings.
(Added to NRS by 1975, 828)
2023 Nevada Revised Statutes › Chapter 598B - Equal Opportunity for Credit › NRS 598B.130 - Separate reporting of credit histories required.

A credit reporting agency shall identify separately within its records of the reports it delivers, the credit histories of any person, the person’s spouse, if any, and the joint accounts of the person and spouse, if any, to the extent that such information is available to the agency.
(Added to NRS by 1975, 828)
2023 Nevada Revised Statutes › Chapter 598B - Equal Opportunity for Credit › NRS 598B.135 - Credit history of spouse deemed identical to applicant under certain circumstances; violation constitutes discrimination on basis of marital status.

1. If an applicant for credit:
(a) Has no credit history;
(b) Was or is married;
(c) Requests that the creditor deem the credit history of the applicant to be identical to the credit history of the applicant’s spouse which was established during the marriage referenced in paragraph (b); and
(d) If requested by the creditor, provides, with regard to the marriage referenced in paragraph (b), evidence of:
(1) The existence of the marriage; and
(2) The date of the marriage and, if applicable, the date the marriage ended,
the creditor must deem the credit history of the applicant to be identical to the credit history of the applicant’s spouse which was established during the marriage referenced in paragraph (b).
2. Violation of this section by a creditor shall be deemed to be discrimination based on marital status.
(Added to NRS by 2019, 1593)
2023 Nevada Revised Statutes › Chapter 598B - Equal Opportunity for Credit › NRS 598B.140 - Administrative remedies: Complaint to Division.

1. A complaint may be filed with the Division by any person who has been injured as the result of a creditor’s violation of any provision of this chapter or any regulation adopted thereunder or who has reasonable ground to believe that he or she will be injured by a discriminatory action or practice prohibited by such provisions.
2. The complaint shall be made in such form and manner as the Division prescribes by regulation.
(Added to NRS by 1975, 828)
2023 Nevada Revised Statutes › Chapter 598B - Equal Opportunity for Credit › NRS 598B.150 - Administrative remedies: Investigation and hearing by Division; witnesses.

1. Upon receipt of such a complaint or upon its own initiative, the Division may:
(a) Investigate any matters alleged in the complaint or believed to be a discriminatory practice under the provisions of this chapter or regulations adopted thereunder.
(b) Eliminate or correct the cause of the complaint or discriminatory condition by methods of conference or conciliation.
(c) Conduct a public hearing and make a decision or order.
2. In conducting such investigation or hearing, the Division may issue necessary subpoenas requiring such attendance of witnesses or production of documents, and upon petition of the Division, the district court may compel obedience to the subpoenas.
(Added to NRS by 1975, 828; A 1977, 81)
2023 Nevada Revised Statutes › Chapter 598B - Equal Opportunity for Credit › NRS 598B.160 - Administrative remedies: Injunctive relief.

If the Division orders any creditor to cease and desist from a discriminatory practice and the creditor fails to do so within 20 calendar days after service of the order, the Division may apply to the district court for an injunction to prevent any continuation of the discriminatory practice.
(Added to NRS by 1975, 828)
2023 Nevada Revised Statutes › Chapter 598B - Equal Opportunity for Credit › NRS 598B.170 - Civil remedies: Injunctive relief; damages; remedies not cumulative with federal law.

1. Any person injured by a discriminatory credit practice within the scope of the provisions of this chapter may apply directly to the district court for relief. If the court determines that the creditor has violated any of such provisions and that the plaintiff has been injured thereby, the court may enjoin the creditor from continued violation, award damages to the plaintiff or grant both measures of relief.
2. A person may not pursue the remedy provided under this section if he or she is pursuing any remedy provided under the federal Equal Credit Opportunity Act (15 U.S.C. § 1691 et seq.) with respect to the same grievance.
(Added to NRS by 1975, 828)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 598C.010 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 598C.020 to 598C.105, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1993, 2459; A 2005, 1524)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 598C.020 - "Adverse action" defined.

1. "Adverse action" includes:
(a) The denial of, increase in any charge for or reduction in the amount of insurance for personal, family or household purposes;
(b) The denial of employment or any other decision for employment purposes that adversely affects a current or prospective employee; and
(c) An action or determination with respect to a consumer’s application for credit that is adverse to the interests of the consumer.
2. The term does not include:
(a) A refusal to extend additional credit under an existing credit arrangement if:
(1) The applicant is delinquent or otherwise in default with respect to the arrangement; or
(2) The additional credit would exceed a previously established credit limit; or
(b) A refusal or failure at the point of sale to authorize a specific transaction on an existing account.
(Added to NRS by 1993, 2459)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 598C.030 - "Commissioner" defined.

"Commissioner" means the Commissioner of Consumer Affairs.
(Added to NRS by 1993, 2460; 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 598C - Consumer Reporting › NRS 598C.060 - "Consumer report" defined.

1. "Consumer report" means any communication, written or oral, by a reporting agency regarding the payment history of a particular consumer, including information regarding his or her credit worthiness, credit standing or credit capacity, which is intended for present or future use in whole or in part to serve as a factor in determining the consumer’s eligibility for:
(a) Credit or insurance to be used primarily for personal, family or household purposes;
(b) Purposes relating to employment; or
(c) Any other purpose authorized pursuant to 15 U.S.C. §§ 1681 et seq.
2. The term does not include:
(a) A report containing information solely as to transactions or experiences between the consumer and the person making the report;
(b) An authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device;
(c) A report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to the request, if the third party advises the consumer of the name and address of the person to whom the request was made and the person makes the disclosures required pursuant to NRS 598C.170;
(d) A report solely conveying a decision whether to guarantee a check in response to a request by a third party; or
(e) A report created or issued by or to a person licensed pursuant to chapter 463 of NRS relating to any extension of credit by the licensee.
(Added to NRS by 1993, 2460)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 598C.100 - "Reporting agency" defined.

1. "Reporting agency" means a person who, for fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating information regarding the credit of or other information regarding consumers to furnish consumer reports to third parties, regardless of the means or facility of commerce used to prepare or furnish the consumer reports.
2. The term does not include:
(a) A person solely for the reason that he or she conveys a decision regarding whether to guarantee a check in response to a request by a third party;
(b) A person who obtains or creates a consumer report and provides the report or information contained in it to a subsidiary or affiliate; or
(c) A person licensed pursuant to chapter 463 of NRS.
(Added to NRS by 1993, 2460)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 598C.110 - Duties of reporting agency.

A reporting agency:
1. Shall include with any written disclosure to a consumer a summary of his or her rights under this chapter.
2. Shall not include medical information in its files.
3. Shall include in any consumer report information concerning a consumer’s delinquency in paying support for a child, to the extent that this information is provided in a format acceptable to the reporting agency by the Division of Welfare and Supportive Services of the Department of Health and Human Services or from the district attorney of the county in which the consumer resides or resided when the delinquency occurred.
(Added to NRS by 1993, 2461)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 598C.120 - Person shall not procure consumer report to resell or disclose information in report; exception.

A person shall not procure a consumer report to resell or disclose the report or the information contained in the report unless the person discloses to the reporting agency which originally furnished the report:
1. The identity of the intended ultimate user of the report or information; and
2. The only purposes for which the information will be used.
(Added to NRS by 1993, 2461)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 598C.130 - Disclosures to consumer regarding consumer report.

Upon request and information sufficient to identify a consumer, a reporting agency shall:
1. Clearly and accurately disclose to the consumer the nature and substance of the consumer report in its files which relates to him or her at the time of the request, and disclose the names of the institutional sources of information. If the consumer requests, the reporting agency shall provide a readable copy of the consumer report.
2. Disclose the name of each person who has received from the reporting agency information concerning him or her:
(a) Within the preceding 2 years for purposes of employment, promotion, reassignment or retention as an employee; or
(b) Within the preceding 6 months for any other purpose.
(Added to NRS by 1993, 2461)
2023 Nevada Revised Statutes › Chapter 598C - Consumer Reporting › NRS 598C.140 - Furnishing consumer report for determination of whether to extend credit.

1. A reporting agency may furnish a consumer report concerning a consumer for an extension of credit which he or she did not initiate only if:
(a) The contemplated transaction represents a firm offer of credit to those consumers who meet specific criteria determined by the person; or
(b) He or she has not requested that his or her name and address be excluded from any list to be provided for such a purpose.
2. This section does not prohibit a reporting agency from furnishing information to review an account or collect an account if there is an existing business relationship or the account has been assigned to a third party for collection.
3. As used in this section, "firm offer of credit" means an offer of credit based on a consumer report provided by the reporting agency, either directly to the creditor or through a third party, that cannot be rescinded or changed by the creditor unless the information provided by the reporting agency has materially changed as of the time the creditor received the accepted offer and the creditor is able to revoke the accepted offer or renew the offer on different terms.
(Added to NRS by 1993, 2461)