Title 52

NRS 599B.030 Remedies, duties and prohibitions not exclusive. The remedies, duties and prohibitions of this chapter are not exclusive and are in addition to any other remedies provided by law. (Added to NRS by 1989, 1389) REGISTRATION

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 sal…

NRS 599B.090 Registration of seller: Application; confidentiality of certain information; security; fee. 1. An applicant for registration as a seller must submit to the Unit, in such form as it prescribes, a written application for registration. The application must: (a) Set fort…

NRS 599B.100 Registration of seller: Form and amount of security; release of security. 1. An application filed pursuant to NRS 599B.090 must be accompanied by: (a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this state; (b) An…

NRS 599B.105 Rights and remedies of injured consumer; resolution by Unit of claims against security; regulations. 1. The bond, letter of credit or certificate of deposit filed pursuant to NRS 599B.100 must be held in trust for consumers injured by the seller. 2. Any consumer who …

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 registratio…

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 issue…

NRS 599B.120 Registration of salesperson: Application; statement of seller; fee. [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…

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 procedu…

NRS 599B.127 Use of criminal history in determining whether to issue registration. 1. The Unit shall develop and implement a process by which a person with a criminal history may petition the Unit to review the criminal history of the person to determine if the person’s criminal …

NRS 599B.130 Issuance and display of registration certificate. 1. The Unit shall issue to each registrant a registration certificate in such form and size as is prescribed by the Unit and, in the case of a seller, shall issue a registration certificate for each location at which …

NRS 599B.140 Renewal of registration. 1. Each person registered pursuant to the provisions of this chapter must renew his or her registration annually by: (a) Paying the fee for registration; (b) Submitting to the Unit the application required by NRS 599B.090 or 599B.120, whichev…

NRS 599B.141 Application for renewal of registration required to include information relating to state business license; renewal of registration prohibited in certain circumstances. 1. In addition to any other requirements set forth in this chapter, an applicant for the renewal o…

NRS 599B.143 Suspension of registration certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establ…

NRS 599B.145 Payment and refund of fees for registration. 1. The fees for registration required by NRS 599B.090, 599B.120 and 599B.140 must be paid in cash or by certified check or money order. 2. A fee for registration must not be refunded, except that all or part of the fee may…

NRS 599B.150 Association of salesperson with more than one seller prohibited; seller to cooperate in investigations. 1. No salesperson may be associated with or employed by more than one seller at the same time. 2. A seller shall cooperate fully with the Commissioner in any inves…

NRS 599B.160 Submission to Unit of change in material or presentation used in solicitation. If any change is made to any script, outline, presentation or sales or donation information or literature used by a registrant in connection with any solicitation, the new or revised mater…

NRS 599B.170 Required disclosures by salesperson; restrictions on representations regarding premiums. 1. During any solicitation or sales presentation made by him or her, or in any correspondence written in connection with a sale, a salesperson shall: (a) Identify himself or hers…

NRS 599B.180 Representation that consumer is or may be eligible to receive gift, premium, bonus or prize. If a seller expressly or impliedly represents to any consumer, directly or through a salesperson, that the consumer is or may be eligible to receive any gift, premium, bonus …

NRS 599B.185 Required disclosures when registrant solicits sale of investments. If a registrant solicits the sale of investments or opportunities for investment, he or she shall, during the oral sales presentation and in writing, inform the prospective consumer: 1. Of the manner …

NRS 599B.187 Requirements when registrant uses chance promotion. 1. A registrant shall not use a chance promotion unless each consumer is entitled to participate in the promotion without charge or payment of any kind. 2. A registrant shall, before describing any item offered in a…

NRS 599B.190 Issuance of refund or replacement of goods or services; notice to consumer. 1. Except as otherwise provided in subsection 3, a person who purchases goods or services or makes a donation pursuant to a solicitation governed by this chapter must be given a refund or rep…

NRS 599B.195 Delivery of goods or services must be accompanied by form. Each delivery of goods or services by a registrant must be accompanied by the form prescribed by the Unit pursuant to subsection 7 of NRS 599B.190. (Added to NRS by 1993, 2098; R temp. 2009, 2732; R temp. 201…

NRS 599B.197 Recovery service: Performance required before charging or receiving money from consumer. A seller or salesperson engaged in a recovery service shall not charge or receive any money or other valuable consideration from a consumer before full and complete performance o…

NRS 599B.200 Disclosure of purchaser prohibited; exceptions. A salesperson or seller shall not disclose the name or address of any person who purchases goods or services pursuant to a solicitation governed by this chapter. Nothing in this section prohibits the disclosure of this …

NRS 599B.210 Appointment of Secretary of State as agent for service of process; procedure for and effect of service; fee. 1. Every registrant, other than a registrant incorporated in this state, shall file with the Secretary of State an irrevocable consent appointing the Secretar…

NRS 599B.213 Jurisdiction and authority of Attorney General. 1. The Attorney General has primary jurisdiction to investigate and prosecute violations of this chapter and any fraud involving solicitation by telephone. 2. When acting pursuant to this section, the Attorney General m…

NRS 599B.215 Action by Attorney General. 1. The Attorney General may conduct an investigation to determine whether a person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant t…

NRS 599B.225 Attorney General may apply for equitable relief. If any person fails to cooperate with an investigation conducted by the Attorney General or to obey a subpoena issued by the Attorney General pursuant to NRS 599B.215, the Attorney General may apply to any district cou…

NRS 599B.235 Attorney General may accept assurance of discontinuance of violation; proof of violation of assurance is prima facie evidence of violation of applicable law in civil action. 1. The Attorney General may accept an assurance of discontinuance of any violation of the pro…

NRS 599B.245 Attorney General may institute legal proceeding against person believed to have violated provisions of this chapter; remedies; civil penalty for violation of court order or injunction. 1. If the Attorney General has reason to believe that a person, either directly or…

NRS 599B.255 Willful violations: Prosecution; criminal penalties; forfeitures. 1. Except as otherwise provided in NRS 599B.213, the Attorney General or the district attorney of any county in this state may prosecute a person who willfully violates, either directly or indirectly, …

NRS 599B.260 Deposit and use of money collected pursuant to this chapter. 1. Except as otherwise provided in subsection 2, all fees, civil penalties and any other money collected pursuant to this chapter in an action brought by the Attorney General must be deposited in the State …

NRS 599B.270 Definitions. As used in NRS 599B.270 to 599B.300, inclusive, unless the context otherwise requires: 1. “Elderly person” means a person who is 60 years of age or older. 2. “Person with a disability” means a person who: (a) Has a physical or mental impairment that subs…

NRS 599B.280 Additional penalty. 1. In any action brought pursuant to NRS 599B.213, 599B.245 or 599B.255, if the court finds that a person has engaged in an unlawful solicitation by telephone directed toward an elderly person or a person with a disability, the court may, in addit…

NRS 599B.290 Deposit and use of money collected from civil penalties imposed in action brought by district attorney. 1. Money collected from civil penalties imposed pursuant to NRS 599B.280 in an action brought by the district attorney of a county must be deposited with the count…

NRS 599B.300 Civil action. If an elderly person or person with a disability suffers damage or injury as a result of an unlawful solicitation by telephone, the elderly person or person with a disability or the legal representative of such a person, if any, may commence a civil act…