Title 54

NRS 649.196 Qualifications of applicant; requirements for issuance; notice of refusal to issue certificate; request for hearing; withdrawal of application. 1. Each applicant for a compliance manager’s certificate must submit proof satisfactory to the Commissioner that the applica…

NRS 649.205 Examinations: Frequency; location; requirements; reexamination; waiver; regulations. 1. The Commissioner shall provide for compliance managers’ examinations at such times and places as the Commissioner may direct, at least twice each year. 2. The examinations must be …

NRS 649.215 Grounds for refusing examination or suspending or revoking certificate. The Commissioner may refuse to permit an applicant for a compliance manager’s certificate to take the examination, or, after a hearing, may suspend or revoke a compliance manager’s certificate if …

NRS 649.225 Issuance of certificate; unique identification number required for certificate; notice to Commissioner of compliance manager’s change of residence address required. 1. The Commissioner shall issue a compliance manager’s certificate to any applicant who meets the requi…

NRS 649.233 Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Commissioner. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for w…

NRS 649.235 Not transferable. Each collection agency license and compliance manager’s certificate issued pursuant to this chapter shall not be transferable. [Part 8:237:1931; 1931 NCL § 1420.07]—(NRS A 1969, 838)

NRS 649.245 Expiration; renewal; cancellation; reinstatement. 1. A license or certificate expires on December 31 of each year, unless it is renewed. To renew a license or certificate, a collection agency or compliance manager must submit to the Commissioner on or after November 1…

NRS 649.271 Commissioner authorized to take action to participate; charges for use; regulations; provisions do not replace or affect authority of Commissioner regarding licensing and certification. 1. The Commissioner may, in furtherance of his or her duties with respect to the i…

NRS 649.273 Submission and processing of fingerprints. 1. The Commissioner may require an applicant for or the holder of a license or certificate to submit a complete set of his or her fingerprints when the Commissioner determines necessary. 2. The Commissioner may use the servic…

NRS 649.277 Commissioner required to report certain information or material; confidentiality of information or material provided; Commissioner authorized to enter into certain agreements and arrangements. 1. Subject to any limitations or restrictions contained in federal or state…

NRS 649.279 Additional materials required to be submitted. 1. In addition to any other requirements set forth in this chapter, each applicant for the issuance of a license or certificate pursuant to this chapter and each owner, officer, director and responsible person of the appl…

NRS 649.281 Holder of license or certificate required to register and maintain unique identifier; Commissioner authorized to issue license or certificate through Registry; references to Commissioner deemed references to Registry. 1. Each holder of a license or certificate issued …

NRS 649.295 Amounts; deposit; regulations. 1. A nonrefundable fee of not more than $500 for the application must accompany each new application for a license as a collection agency. Each applicant shall also pay any additional expenses incurred in the process of investigation. Al…

NRS 649.297 Fee for failure to submit reports; regulations. 1. If a holder of a license or compliance manager’s certificate fails to submit any report required pursuant to this chapter or any regulation adopted pursuant thereto within the prescribed period, the Commissioner may i…

NRS 649.300 Payment of assessment; cooperation with audits and examinations. Each collection agency shall pay the assessment levied pursuant to NRS 658.055 and cooperate fully with the audits and examinations performed pursuant thereto. (Added to NRS by 1987, 827) CONDUCT OF BUSI…

NRS 649.305 Collection agency prohibited from operating without compliance manager; limitations on employment of compliance managers. 1. No collection agency may operate its business without a compliance manager who holds a valid compliance manager’s certificate issued under the …

NRS 649.310 Remote location: Prerequisites for collection agent to begin remote work. Before a collection agent begins working from a remote location, the collection agent must: 1. Sign a written agreement prepared by the collection agency that requires a collection agent working…

NRS 649.311 Remote location: Requirements; connection to collection agency; restriction on number of agents at same location; prohibition against collection agent printing or storing physical records remotely; deemed extension of collection agency. 1. The remote location from whi…

NRS 649.312 Remote location: Duty of collection agency to develop and implement security policy; contents of security policy. 1. A collection agency shall develop and implement a written security policy for collection agents who work from a remote location to ensure that the data…

NRS 649.313 Remote location: Duty of collection agent to comply with certain statutory requirements; duty of collection agency to record and monitor calls, maintain records, review policies and procedures and establish procedure for monitoring collection agents; prohibited acts b…

NRS 649.320 Duty of collection agency to display on Internet website unique identifier of collection agency and unique identifier and certificate identification number of compliance manager. 1. A collection agency shall display on any Internet website maintained by the collection…

NRS 649.325 Change of location of business. 1. A collection agency shall not remove its business location from the place of business as stated in the record of the licensee except upon prior approval by the Commissioner in writing. 2. If the removal is approved, the Commissioner …

NRS 649.330 Notification of change in management or ownership of voting stock; application for licensure of replacement; investigation; costs; waiver. 1. A collection agency shall immediately notify the Commissioner of any change: (a) Of the compliance manager of the agency; or (…

NRS 649.331 Recording of telephone conversations. 1. After providing notice that the telephone conversation will be recorded, a person may record any telephone call that: (a) Concerns a claim which is owed or asserted to be owed by the person; (b) Is made by a collection agency o…

NRS 649.332 Verification of claim. 1. To verify a claim, a collection agency shall: (a) Obtain or attempt to obtain from the creditor any document that is not in the possession of the collection agency and is reasonably responsive to the dispute of the debtor, if any; and (b) If …

NRS 649.334 Written agreement required to be specific, intelligible and unambiguous; money collected required to be credited first to principal; partial collection of claim prohibited; accounting of money collected on behalf of customer; exception. 1. The terms and conditions of …

NRS 649.3345 Withdrawal of claim by customer; exception. 1. Unless a written agreement between the parties otherwise provides, a customer may withdraw, without obligation, any claim assigned to a collection agency at any time 6 months after the date of the assignment if: (a) The …

NRS 649.335 Retention and examinations of records and accounts. 1. Every collection agency shall keep all records concerning each of its accounts for at least 6 years following the completion of the last transaction concerning the account. 2. The Commissioner shall conduct an exa…

NRS 649.340 Duty to maintain information security program; requirements. 1. A licensee shall comply with the requirements set forth in 16 C.F.R. Part 314. 2. In addition to complying with the requirements set forth in 16 C.F.R. Part 314, a licensee shall: (a) Maintain the informa…

NRS 649.345 Annual report to Commissioner and Registry; additional reports; suspension of license or certificate for false information. 1. Each licensed collection agency shall file with the Commissioner and the Registry a written report, signed and sworn to by its compliance man…

NRS 649.347 Additional annual report to Commissioner concerning collection of claims for unit-owners’ association. 1. Each licensed collection agency shall file with the Commissioner a written report not later than January 31 of each year, unless the Commissioner determines that …

NRS 649.355 Business ethics and practices; trust accounts; exception. 1. Every collection agency and collection agent shall openly, fairly and honestly conduct the collection agency business and shall at all times conform to the accepted business ethics and practices of the colle…

NRS 649.365 Approval of business name required; prohibition against use of certain names, terms and forms. 1. A collection agency licensed under this chapter must obtain the approval of the Commissioner before using or changing a business name. 2. A collection agency licensed und…

NRS 649.366 Collection of medical debt: Notification to medical debtor required before taking action to collect. 1. Not less than 60 days before taking any action to collect a medical debt, a collection agency shall send by mail to the medical debtor written notification that set…

NRS 649.367 Collection of medical debt: Conditions for acceptance of voluntary payment from medical debtor during notification period; protections for medical debtor who initiates contact with or makes voluntary payment to collection agency during notification period. 1. Nothing …

NRS 649.368 Collection of medical debt: Prohibited practices. A collection agency, or its compliance manager, agents or employees, shall not, for any medical debt: 1. Take any confession of judgment or any power of attorney running to the collection agency or to any third person …

NRS 649.369 Collection of medical debt: Protections may not be waived. The protections set forth in NRS 649.366, 649.367 and 649.368 are for the benefit of medical debtors and cannot be waived. (Added to NRS by 2021, 1670)

NRS 649.370 Violation of federal Fair Debt Collection Practices Act. A violation of any provision of the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1682 et seq., or any regulation adopted pursuant thereto, shall be deemed to be a violation of this chapter. (Added to…

NRS 649.375 Prohibited practices generally. 1. A collection agency, or its compliance manager, agents or employees, shall not: (a) Use any device, subterfuge, pretense or deceptive means or representations to collect any claim, nor use any collection letter, demand or notice whic…

NRS 649.385 Investigation of verified complaint; verified answer; action by Commissioner after informal hearing. 1. Upon the filing with the Commissioner of a verified complaint against any collection agency or compliance manager, the Commissioner shall investigate the alleged vi…

NRS 649.390 Investigation of verified complaint concerning unlicensed person; order to cease and desist; administrative fines; suit to recover fine; cumulative penalties. 1. The Commissioner shall conduct an investigation if he or she receives a verified complaint from any person…

NRS 649.395 Authorized disciplinary action; grounds for disciplinary action; effect of revocation of license; orders imposing discipline deemed public records. 1. The Commissioner may impose an administrative fine, not to exceed $500 for each violation, or suspend or revoke the l…

NRS 649.398 Suspension of license or certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or certificate. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state …

NRS 649.400 Injunctive relief. 1. If upon investigation it appears that a collection agency is conducting its business in violation of this chapter or the regulations adopted by the Commissioner, or when it appears that any person is engaging in the business of a collection agenc…

NRS 649.435 Criminal penalty for violations; each day of unlawful operation constitutes separate offense. Any person who violates any provision of this chapter is guilty of a gross misdemeanor. Each day a person operates a collection agency in violation of the provisions of this …

NRS 649.440 Administrative fine for violations. In addition to any other remedy or penalty, the Commissioner may impose an administrative fine of not more than $10,000 upon a person who: 1. Without a license or certificate, conducts any business or activity for which a license or…