[Rev. 2/11/2015 11:31:37
AM--2014R2]
CHAPTER 599B - SOLICITATION BY TELEPHONE
GENERAL PROVISIONS
NRS 599B.005 Legislative
findings and declarations.
NRS 599B.010 Definitions.
[Effective through June 30, 2015.]
NRS 599B.010 Definitions.
[Effective July 1, 2015.]
NRS 599B.015 Duties
of Attorney General and Commissioner. [Effective July 1, 2015.]
NRS 599B.025 Regulations.
[Effective through June 30, 2015.]
NRS 599B.025 Regulations;
rules of practice. [Effective July 1, 2015.]
NRS 599B.030 Remedies,
duties and prohibitions not exclusive.
REGISTRATION
NRS 599B.080 Registration
required. [Effective July 1, 2015.]
NRS 599B.090 Registration
of seller: Application; confidentiality of certain information; security; fee.
[Effective July 1, 2015.]
NRS 599B.100 Registration
of seller: Form and amount of security; release of security. [Effective July 1,
2015.]
NRS 599B.105 Rights
and remedies of injured consumer; resolution by Division of claims against
security; regulations. [Effective July 1, 2015.]
NRS 599B.110 Registration
of seller: Disclosure of certain convictions, judgments and orders concerning
responsible persons. [Effective July 1, 2015.]
NRS 599B.115 Registration
of seller: Work card required for applicant and certain other persons;
exceptions; issuance and renewal of work card; fingerprints. [Effective July 1,
2015.]
NRS 599B.120 Registration
of salesperson: Application; statement of seller; fee. [Effective July 1, 2015,
and 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.]
NRS 599B.120 Registration
of salesperson: Application; statement of seller; fee. [Effective on 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, or on July 1, 2015, whichever is later.]
NRS 599B.125 Statement
regarding payment of child support by applicant for registration certificate;
grounds for denial of registration certificate; duty of Division. [Effective
July 1, 2015, and 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.]
NRS 599B.130 Issuance
and display of registration certificate. [Effective July 1, 2015.]
NRS 599B.140 Renewal
of registration. [Effective July 1, 2015.]
NRS 599B.141 Renewal
of registration: Additional requirements.
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 July 1, 2015, and 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.]
NRS 599B.145 Payment
and refund of fees for registration. [Effective July 1, 2015.]
PRACTICE
NRS 599B.150 Association
of salesperson with more than one seller prohibited; seller to cooperate in
investigations. [Effective through June 30, 2015.]
NRS 599B.150 Association
of salesperson with more than one seller prohibited; seller to cooperate in
investigations. [Effective July 1, 2015.]
NRS 599B.160 Submission
to Division of change in material or presentation used in solicitation.
[Effective through June 30, 2015.]
NRS 599B.160 Submission
to Division of change in material or presentation used in solicitation.
[Effective July 1, 2015.]
NRS 599B.170 Required
disclosures by salesperson; restrictions on representations regarding premiums.
[Effective through June 30, 2015.]
NRS 599B.170 Required
disclosures by salesperson; restrictions on representations regarding premiums.
[Effective July 1, 2015.]
NRS 599B.180 Solicitation
involving representation that consumer is or may be eligible to receive
premium. [Effective through June 30, 2015.]
NRS 599B.180 Solicitation
involving representation that consumer is or may be eligible to receive
premium. [Effective July 1, 2015.]
NRS 599B.185 Required
disclosures when seller or salesperson solicits sale of investments. [Effective
through June 30, 2015.]
NRS 599B.185 Required
disclosures when registrant solicits sale of investments. [Effective July 1,
2015.]
NRS 599B.187 Requirements
for use of chance promotion. [Effective through June 30, 2015.]
NRS 599B.187 Requirements
for use of chance promotion. [Effective July 1, 2015.]
NRS 599B.190 Issuance
of refund or replacement of goods or services; notice to consumer. [Effective
through June 30, 2015.]
NRS 599B.190 Issuance
of refund or replacement of goods or services; notice to consumer. [Effective
July 1, 2015.]
NRS 599B.195 Delivery
of goods or services must be accompanied by form. [Effective July 1, 2015.]
NRS 599B.197 Recovery
service: Performance required before charging or receiving money from consumer.
NRS 599B.200 Disclosure
of purchaser prohibited; exceptions. [Effective through June 30, 2015.]
NRS 599B.200 Disclosure
of purchaser prohibited; exceptions. [Effective July 1, 2015.]
ENFORCEMENT
NRS 599B.210 Appointment
of Secretary of State as agent for service of process; procedure for and effect
of service; fee. [Effective through June 30, 2015.]
NRS 599B.210 Appointment
of Secretary of State as agent for service of process; procedure for and effect
of service; fee. [Effective July 1, 2015.]
NRS 599B.213 Jurisdiction
and authority of Attorney General.
NRS 599B.215 Action
by Attorney General.
NRS 599B.225 Attorney
General may apply for equitable relief.
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.
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.
NRS 599B.255 Willful
violations: Prosecution; criminal penalties; forfeitures. [Effective through
June 30, 2015.]
NRS 599B.255 Willful
violations: Prosecution; criminal penalties; forfeitures. [Effective July 1,
2015.]
NRS 599B.260 Deposit
and use of money collected pursuant to this chapter. [Effective through June
30, 2015.]
NRS 599B.260 Deposit
and use of money collected pursuant to this chapter. [Effective July 1, 2015.]
SOLICITATION OF ELDERLY PERSON OR PERSON WITH A DISABILITY
NRS 599B.270 Definitions.
NRS 599B.280 Additional
penalty.
NRS 599B.290 Deposit
and use of money collected from civil penalties imposed in action brought by
district attorney.
NRS 599B.300 Civil
action.
_________
_________
GENERAL PROVISIONS
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)
NRS 599B.010 Definitions. [Effective through June 30, 2015.] As used in this chapter, unless the context
otherwise requires:
1. “Chance promotion” means any plan in
which premiums are distributed by random or chance selection.
2. “Consumer” means a person who is
solicited by a seller or salesperson.
3. “Donation” means a promise, grant or
pledge of money, credit, property, financial assistance or other thing of value
given in response to a solicitation by telephone, including, but not limited
to, a payment or promise to pay in consideration for a performance, event or
sale of goods or services. The term does not include volunteer services,
government grants or contracts or a payment by members of any organization of
membership fees, dues, fines or assessments or for services rendered by the
organization to those persons, if:
(a) The fees, dues, fines, assessments or
services confer a bona fide right, privilege, professional standing, honor or
other direct benefit upon the member; and
(b) Membership in the organization is not
conferred solely in consideration for making a donation in response to a
solicitation.
4. “Goods or services” means any property,
tangible or intangible, real, personal or mixed, and any other article,
commodity or thing of value.
5. “Premium” includes any prize, bonus,
award, gift or any other similar inducement or incentive to purchase.
6. “Recovery service” means a business or
other practice whereby a person represents or implies that he or she will, for
a fee, recover any amount of money that a consumer has provided to a seller or
salesperson pursuant to a solicitation governed by the provisions of this
chapter.
7. “Salesperson” means any person:
(a) Employed or authorized by a seller to sell,
or to attempt to sell, goods or services by telephone;
(b) Retained by a seller to provide consulting
services relating to the management or operation of the seller’s business; or
(c) Who communicates on behalf of a seller with a
consumer:
(1) In the course of a solicitation by
telephone; or
(2) For the purpose of verifying, changing
or confirming an order,
Ê except that
a person is not a salesperson if his or her only function is to identify a
consumer by name only and he or she immediately refers the consumer to a
salesperson.
8. Except as otherwise provided in
subsection 9, “seller” means any person who, on his or her own behalf, causes
or attempts to cause a solicitation by telephone to be made through the use of
one or more salespersons or any automated dialing announcing device under any
of the following circumstances:
(a) The person initiates contact by telephone
with a consumer and represents or implies:
(1) That a consumer who buys one or more
goods or services will receive additional goods or services, whether or not of
the same type as purchased, without further cost, except for actual postage or
common carrier charges;
(2) That a consumer will or has a chance
or opportunity to receive a premium;
(3) That the items for sale are gold,
silver or other precious metals, diamonds, rubies, sapphires or other precious
stones, or any interest in oil, gas or mineral fields, wells or exploration
sites or any other investment opportunity;
(4) That the product offered for sale is
information or opinions relating to sporting events;
(5) That the product offered for sale is
the services of a recovery service; or
(6) That the consumer will receive a
premium or goods or services if he or she makes a donation;
(b) The solicitation by telephone is made by the
person in response to inquiries from a consumer generated by a notification or
communication sent or delivered to the consumer that represents or implies:
(1) That the consumer has been in any
manner specially selected to receive the notification or communication or the
offer contained in the notification or communication;
(2) That the consumer will receive a
premium if the recipient calls the person;
(3) That if the consumer buys one or more
goods or services from the person, the consumer will also receive additional or
other goods or services, whether or not the same type as purchased, without
further cost or at a cost that the person represents or implies is less than
the regular price of the goods or services;
(4) That the product offered for sale is
the services of a recovery service; or
(5) That the consumer will receive a
premium or goods or services if he or she makes a donation; or
(c) The solicitation by telephone is made by the
person in response to inquiries generated by advertisements that represent or
imply that the person is offering to sell any:
(1) Gold, silver or other metals,
including coins, diamonds, rubies, sapphires or other stones, coal or other
minerals or any interest in oil, gas or other mineral fields, wells or
exploration sites, or any other investment opportunity;
(2) Information or opinions relating to
sporting events; or
(3) Services of a recovery service.
9. “Seller” does not include:
(a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales
or purchases within the scope of his or her license.
(b) A person licensed pursuant to chapter 119A, 119B,
624, 645 or
696A of NRS when soliciting sales within
the scope of his or her license.
(c) A person licensed as an insurance broker,
agent or solicitor when soliciting sales within the scope of his or her
license.
(d) Any solicitation of sales made by the
publisher of a newspaper or magazine or by an agent of the publisher pursuant
to a written agreement between the agent and publisher.
(e) A broadcaster soliciting sales who is
licensed by any state or federal authority, if the solicitation is within the
scope of the broadcaster’s license.
(f) A person who solicits a donation from a
consumer when:
(1) The person represents or implies that
the consumer will receive a premium or goods or services with an aggregated
fair market value of 2 percent of the donation or $50, whichever is less; or
(2) The consumer provides a donation of
$50 or less in response to the solicitation.
(g) A charitable organization which is registered
or approved to conduct a lottery pursuant to chapter
462 of NRS.
(h) A public utility or motor carrier which is
regulated pursuant to chapter 704 or 706 of NRS, or by an affiliate of such a utility
or motor carrier, if the solicitation is within the scope of its certificate or
license.
(i) A utility which is regulated pursuant to chapter 710 of NRS, or by an affiliate of such a
utility.
(j) A person soliciting the sale of books,
recordings, videocassettes, software for computer systems or similar items
through:
(1) An organization whose method of sales
is governed by the provisions of Part 425 of Title 16 of the Code of Federal
Regulations relating to the use of negative option plans by sellers in
commerce;
(2) The use of continuity plans,
subscription arrangements, arrangements for standing orders, supplements, and
series arrangements pursuant to which the person periodically ships merchandise
to a consumer who has consented in advance to receive the merchandise on a
periodic basis and has the opportunity to review the merchandise for at least
10 days and return it for a full refund within 30 days after it is received; or
(3) An arrangement pursuant to which the
person ships merchandise to a consumer who has consented in advance to receive
the merchandise and has the opportunity to review the merchandise for at least
10 days and return it for a full refund within 30 days after it is received.
(k) A person who solicits sales by periodically
publishing and delivering a catalog to consumers if the catalog:
(1) Contains a written description or
illustration of each item offered for sale and the price of each item;
(2) Includes the business address of the
person;
(3) Includes at least 24 pages of written
material and illustrations;
(4) Is distributed in more than one state;
and
(5) Has an annual circulation by mailing
of not less than 250,000.
(l) A person soliciting without the intent to
complete and who does not complete, the sales transaction by telephone but
completes the sales transaction at a later face-to-face meeting between the
solicitor and the consumer, if the person, after soliciting a sale by
telephone, does not cause another person to collect the payment from or deliver
any goods or services purchased to the consumer.
(m) Any commercial bank, bank holding company,
subsidiary or affiliate of a bank holding company, trust company, savings and
loan association, credit union, industrial loan company, personal property
broker, consumer finance lender, commercial finance lender, or insurer subject
to regulation by an official or agency of this State or of the United States,
if the solicitation is within the scope of the certificate or license held by
the entity.
(n) A person holding a certificate of authority
issued pursuant to chapter 452 of NRS when
soliciting sales within the scope of the certificate.
(o) A person licensed pursuant to chapter 689 of NRS when soliciting sales within
the scope of his or her license.
(p) A person soliciting the sale of services
provided by a video service provider subject to regulation pursuant to chapter 711 of NRS.
(q) A person soliciting the sale of agricultural
products, if the solicitation is not intended to and does not result in a sale
of more than $100 that is to be delivered to one address. As used in this
paragraph, “agricultural products” has the meaning ascribed to it in NRS 587.290.
(r) A person who has been operating, for at least
2 years, a retail business establishment under the same name as that used in
connection with the solicitation of sales by telephone if, on a continuing
basis:
(1) Goods are displayed and offered for
sale or services are offered for sale and provided at the person’s business
establishment; and
(2) At least 50 percent of the person’s
business involves the buyer obtaining such goods or services at the person’s
business establishment.
(s) A person soliciting only the sale of
telephone answering services to be provided by the person or his or her
employer.
(t) A person soliciting a transaction regulated
by the Commodity Futures Trading Commission, if:
(1) The person is registered with or
temporarily licensed by the Commission to conduct that activity pursuant to the
Commodity Exchange Act, 7 U.S.C. §§ 1 et seq.; and
(2) The registration or license has not
expired or been suspended or revoked.
(u) A person who contracts for the maintenance or
repair of goods previously purchased from the person:
(1) Making the solicitation; or
(2) On whose behalf the solicitation is
made.
(v) A person to whom a license to operate an
information service or a nonrestricted gaming license, which is current and
valid, has been issued pursuant to chapter 463
of NRS when soliciting sales within the scope of his or her license.
(w) A person who solicits a previous customer of
the business on whose behalf the call is made if the person making the call:
(1) Does not offer the customer any
premium in connection with the sale;
(2) Is not selling an investment or an
opportunity for an investment that is not registered with any state or federal
authority; and
(3) Is not regularly engaged in telephone
sales.
(x) A person who solicits the sale of livestock.
(y) An issuer which has a class of securities
that is listed on the New York Stock Exchange, the American Stock Exchange or
the National Market System of the National Association of Securities Dealers
Automated Quotation System.
(z) A subsidiary of an issuer that qualifies for
exemption pursuant to paragraph (y) if at least 60 percent of the voting power
of the shares of the subsidiary is owned by the issuer.
(Added to NRS by 1989, 1379; A 1991, 2039; 1993, 1802, 2100; 1995, 579, 932; 1997, 1119, 3202, 3208; 2007, 1394; 2009, 2723;
2011, 2652;
2013, 1054)
NRS 599B.010 Definitions. [Effective
July 1, 2015.] As used in this
chapter, unless the context otherwise requires:
1. “Chance promotion” means any plan in
which premiums are distributed by random or chance selection.
2. “Commissioner” means the Commissioner
of Consumer Affairs.
3. “Consumer” means a person who is
solicited by a seller or salesperson.
4. “Division” means the Consumer Affairs
Division of the Department of Business and Industry.
5. “Donation” means a promise, grant or
pledge of money, credit, property, financial assistance or other thing of value
given in response to a solicitation by telephone, including, but not limited
to, a payment or promise to pay in consideration for a performance, event or
sale of goods or services. The term does not include volunteer services,
government grants or contracts or a payment by members of any organization of
membership fees, dues, fines or assessments or for services rendered by the
organization to those persons, if:
(a) The fees, dues, fines, assessments or
services confer a bona fide right, privilege, professional standing, honor or
other direct benefit upon the member; and
(b) Membership in the organization is not
conferred solely in consideration for making a donation in response to a
solicitation.
6. “Goods or services” means any property,
tangible or intangible, real, personal or mixed, and any other article,
commodity or thing of value.
7. “Premium” includes any prize, bonus,
award, gift or any other similar inducement or incentive to purchase.
8. “Recovery service” means a business or
other practice whereby a person represents or implies that he or she will, for
a fee, recover any amount of money that a consumer has provided to a seller or
salesperson pursuant to a solicitation governed by the provisions of this
chapter.
9. “Salesperson” means any person:
(a) Employed or authorized by a seller to sell,
or to attempt to sell, goods or services by telephone;
(b) Retained by a seller to provide consulting
services relating to the management or operation of the seller’s business; or
(c) Who communicates on behalf of a seller with a
consumer:
(1) In the course of a solicitation by
telephone; or
(2) For the purpose of verifying, changing
or confirming an order,
Ê except that
a person is not a salesperson if his or her only function is to identify a
consumer by name only and he or she immediately refers the consumer to a
salesperson.
10. Except as otherwise provided in
subsection 11, “seller” means any person who, on his or her own behalf, causes
or attempts to cause a solicitation by telephone to be made through the use of
one or more salespersons or any automated dialing announcing device under any
of the following circumstances:
(a) The person initiates contact by telephone
with a consumer and represents or implies:
(1) That a consumer who buys one or more
goods or services will receive additional goods or services, whether or not of
the same type as purchased, without further cost, except for actual postage or
common carrier charges;
(2) That a consumer will or has a chance
or opportunity to receive a premium;
(3) That the items for sale are gold,
silver or other precious metals, diamonds, rubies, sapphires or other precious
stones, or any interest in oil, gas or mineral fields, wells or exploration
sites or any other investment opportunity;
(4) That the product offered for sale is
information or opinions relating to sporting events;
(5) That the product offered for sale is
the services of a recovery service; or
(6) That the consumer will receive a
premium or goods or services if he or she makes a donation;
(b) The solicitation by telephone is made by the
person in response to inquiries from a consumer generated by a notification or
communication sent or delivered to the consumer that represents or implies:
(1) That the consumer has been in any
manner specially selected to receive the notification or communication or the
offer contained in the notification or communication;
(2) That the consumer will receive a
premium if the recipient calls the person;
(3) That if the consumer buys one or more
goods or services from the person, the consumer will also receive additional or
other goods or services, whether or not the same type as purchased, without
further cost or at a cost that the person represents or implies is less than
the regular price of the goods or services;
(4) That the product offered for sale is
the services of a recovery service; or
(5) That the consumer will receive a
premium or goods or services if he or she makes a donation; or
(c) The solicitation by telephone is made by the
person in response to inquiries generated by advertisements that represent or
imply that the person is offering to sell any:
(1) Gold, silver or other metals,
including coins, diamonds, rubies, sapphires or other stones, coal or other
minerals or any interest in oil, gas or other mineral fields, wells or
exploration sites, or any other investment opportunity;
(2) Information or opinions relating to sporting
events; or
(3) Services of a recovery service.
11. “Seller” does not include:
(a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales
or purchases within the scope of his or her license.
(b) A person licensed pursuant to chapter 119A, 119B,
624, 645 or
696A of NRS when soliciting sales within
the scope of his or her license.
(c) A person licensed as an insurance broker,
agent or solicitor when soliciting sales within the scope of his or her
license.
(d) Any solicitation of sales made by the
publisher of a newspaper or magazine or by an agent of the publisher pursuant
to a written agreement between the agent and publisher.
(e) A broadcaster soliciting sales who is
licensed by any state or federal authority, if the solicitation is within the
scope of the broadcaster’s license.
(f) A person who solicits a donation from a
consumer when:
(1) The person represents or implies that
the consumer will receive a premium or goods or services with an aggregated
fair market value of 2 percent of the donation or $50, whichever is less; or
(2) The consumer provides a donation of
$50 or less in response to the solicitation.
(g) A charitable organization which is registered
or approved to conduct a lottery pursuant to chapter
462 of NRS.
(h) A public utility or motor carrier which is
regulated pursuant to chapter 704 or 706 of NRS, or by an affiliate of such a utility
or motor carrier, if the solicitation is within the scope of its certificate or
license.
(i) A utility which is regulated pursuant to chapter 710 of NRS, or by an affiliate of such a
utility.
(j) A person soliciting the sale of books,
recordings, videocassettes, software for computer systems or similar items
through:
(1) An organization whose method of sales
is governed by the provisions of Part 425 of Title 16 of the Code of Federal
Regulations relating to the use of negative option plans by sellers in
commerce;
(2) The use of continuity plans,
subscription arrangements, arrangements for standing orders, supplements, and
series arrangements pursuant to which the person periodically ships merchandise
to a consumer who has consented in advance to receive the merchandise on a
periodic basis and has the opportunity to review the merchandise for at least
10 days and return it for a full refund within 30 days after it is received; or
(3) An arrangement pursuant to which the
person ships merchandise to a consumer who has consented in advance to receive
the merchandise and has the opportunity to review the merchandise for at least
10 days and return it for a full refund within 30 days after it is received.
(k) A person who solicits sales by periodically
publishing and delivering a catalog to consumers if the catalog:
(1) Contains a written description or
illustration of each item offered for sale and the price of each item;
(2) Includes the business address of the
person;
(3) Includes at least 24 pages of written
material and illustrations;
(4) Is distributed in more than one state;
and
(5) Has an annual circulation by mailing
of not less than 250,000.
(l) A person soliciting without the intent to
complete and who does not complete, the sales transaction by telephone but
completes the sales transaction at a later face-to-face meeting between the
solicitor and the consumer, if the person, after soliciting a sale by
telephone, does not cause another person to collect the payment from or deliver
any goods or services purchased to the consumer.
(m) Any commercial bank, bank holding company,
subsidiary or affiliate of a bank holding company, trust company, savings and
loan association, credit union, industrial loan company, personal property
broker, consumer finance lender, commercial finance lender, or insurer subject
to regulation by an official or agency of this State or of the United States,
if the solicitation is within the scope of the certificate or license held by
the entity.
(n) A person holding a certificate of authority
issued pursuant to chapter 452 of NRS when
soliciting sales within the scope of the certificate.
(o) A person licensed pursuant to chapter 689 of NRS when soliciting sales within
the scope of his or her license.
(p) A person soliciting the sale of services
provided by a video service provider subject to regulation pursuant to chapter 711 of NRS.
(q) A person soliciting the sale of agricultural
products, if the solicitation is not intended to and does not result in a sale
of more than $100 that is to be delivered to one address. As used in this
paragraph, “agricultural products” has the meaning ascribed to it in NRS 587.290.
(r) A person who has been operating, for at least
2 years, a retail business establishment under the same name as that used in
connection with the solicitation of sales by telephone if, on a continuing
basis:
(1) Goods are displayed and offered for
sale or services are offered for sale and provided at the person’s business
establishment; and
(2) At least 50 percent of the person’s
business involves the buyer obtaining such goods or services at the person’s
business establishment.
(s) A person soliciting only the sale of
telephone answering services to be provided by the person or his or her
employer.
(t) A person soliciting a transaction regulated
by the Commodity Futures Trading Commission, if:
(1) The person is registered with or
temporarily licensed by the Commission to conduct that activity pursuant to the
Commodity Exchange Act, 7 U.S.C. §§ 1 et seq.; and
(2) The registration or license has not
expired or been suspended or revoked.
(u) A person who contracts for the maintenance or
repair of goods previously purchased from the person:
(1) Making the solicitation; or
(2) On whose behalf the solicitation is
made.
(v) A person to whom a license to operate an
information service or a nonrestricted gaming license, which is current and
valid, has been issued pursuant to chapter 463
of NRS when soliciting sales within the scope of his or her license.
(w) A person who solicits a previous customer of
the business on whose behalf the call is made if the person making the call:
(1) Does not offer the customer any
premium in connection with the sale;
(2) Is not selling an investment or an
opportunity for an investment that is not registered with any state or federal
authority; and
(3) Is not regularly engaged in telephone
sales.
(x) A person who solicits the sale of livestock.
(y) An issuer which has a class of securities
that is listed on the New York Stock Exchange, the American Stock Exchange or
the National Market System of the National Association of Securities Dealers
Automated Quotation System.
(z) A subsidiary of an issuer that qualifies for
exemption pursuant to paragraph (y) if at least 60 percent of the voting power
of the shares of the subsidiary is owned by the issuer.
(Added to NRS by 1989, 1379; A 1991, 2039; 1993, 1802, 2100; 1995, 579, 932; 1997, 1119, 3202, 3208; 2007, 1394; 2009, 2723;
2011, 2652;
2013, 1054,
effective July 1, 2015)
NRS 599B.015 Duties of Attorney General and Commissioner. [Effective July 1,
2015.]
1. The Attorney General shall provide
opinions for the Division 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, expires by limitation on June 30, 2015)
NRS 599B.025 Regulations. [Effective through June 30, 2015.] The Attorney General may adopt regulations
establishing standards of conduct for sellers and salespersons and any other
regulations necessary to exercise the powers and carry out the duties of the
Attorney General as set forth in this chapter.
(Added to NRS by 1993, 2100; A 2009, 2727;
2011, 2652;
2013, 1054)
NRS 599B.025 Regulations; rules of
practice. [Effective July 1, 2015.]
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,
effective July 1, 2015)
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. [Effective July 1, 2015.] It is unlawful for any person to do business
as a seller or salesperson in this State without being registered with the
Division 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, expires by limitation on June 30, 2015)
NRS 599B.090 Registration of seller: Application; confidentiality of certain
information; security; fee. [Effective July 1, 2015.]
1. An applicant for registration as a
seller must submit to the Division, in such form as it prescribes, a written
application for registration. The application must:
(a) Set forth the name of the applicant,
including each name under which he or she intends to do business;
(b) Set forth the name of any parent or
affiliated entity that:
(1) Will engage in a business or other transaction
with the consumer relating to any sale or donation solicited by the applicant;
or
(2) Accepts responsibility for any
statement or act of the applicant relating to any sale or donation solicited by
the applicant;
(c) Set forth the complete street address of each
location, designating the principal location, from which the applicant will be
doing business;
(d) Contain a list of all telephone numbers to be
used by the applicant, with the address where each telephone using these
numbers will be located;
(e) Set forth the name and address of each:
(1) Principal officer, director, trustee,
shareholder, owner or partner of the applicant, and of each other person
responsible for the management of the business of the applicant;
(2) Person responsible for a location from
which the applicant will do business; and
(3) Salesperson to be employed by or
otherwise associated with the applicant;
(f) Be accompanied by a copy of any:
(1) Script, outline or presentation the
applicant will require a salesperson to use when soliciting or, if no such
document is used, a statement to that effect;
(2) Sales or donation information or
literature to be provided by the applicant to a salesperson, or of which the
applicant will inform the salesperson; and
(3) Sales or donation information or
literature to be provided by the applicant to a consumer in connection with any
solicitation;
(g) If the applicant is a corporation, be signed
by an officer of the corporation; and
(h) If the applicant is a natural person, be
completed personally by the applicant.
2. Any material submitted pursuant to
paragraph (f) of subsection 1 is submitted for the records of the Division and
not for the approval of the Division.
3. The information provided pursuant to
paragraph (f) of subsection 1 by an applicant for registration as a seller is
confidential and may only be released to a law enforcement agency, to a court
of competent jurisdiction, by order of a court of competent jurisdiction or
pursuant to NRS 239.0115.
4. If the applicant is other than a
natural person, or if any parent or affiliated entity is identified pursuant to
paragraph (b) of subsection 1, the applicant must, for itself and any such
entity, identify its place of organization and:
(a) In the case of a partnership, provide a copy
of any written partnership agreement; or
(b) In the case of a corporation, provide a copy
of its articles of incorporation and bylaws.
5. An application filed pursuant to this
section must be verified and accompanied by:
(a) A bond, letter of credit or certificate of
deposit satisfying the requirements of NRS 599B.100;
(b) A fee for registration in the amount of
$6,000;
(c) If subsection 6 applies, the additional bond,
letter of credit or certificate of deposit and the additional fee required by
that subsection; and
(d) A copy of:
(1) The work card issued to the seller
pursuant to subsection 1 of NRS 599B.115, if the
seller is required to obtain a work card; and
(2) The work cards of any other persons
associated with the seller who are required to obtain work cards pursuant to
subsection 2 of NRS 599B.115.
6. If an applicant intends to do business
under any assumed or fictitious name, he or she must, for each such name:
(a) File an additional bond, letter of credit or
certificate of deposit satisfying the requirements of NRS
599B.100; and
(b) Pay an additional fee for registration in the
amount of $6,000.
(Added to NRS by 1989, 1382; A 1991, 984; 1993, 2104; 1995, 936; 1997, 3206; 1999, 1904; 2007, 2121; R
temp. 2009,
2732; R temp. 2011, 2652;
R temp. 2013,
1054, expires by limitation on June 30, 2015)
NRS 599B.100 Registration of seller: Form and amount of security; release of
security. [Effective July 1, 2015.]
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 irrevocable letter of credit issued for
the benefit of the applicant by a bank whose deposits are insured by an agency
of the Federal Government; or
(c) A certificate of deposit in a financial
institution insured by an agency of the Federal Government or by a private
insurer approved pursuant to NRS 678.755.
The certificate of deposit may be withdrawn only on the order of the
Commissioner, except that the interest may accrue to the applicant.
2. The amount of the bond, letter of
credit or certificate of deposit must be $50,000, and the bond, letter of
credit or certificate of deposit must be conditioned upon compliance by the
applicant with the provisions of this chapter.
3. The amount of the security required to
be filed by the seller may be increased to not more than $250,000 as part of an
assurance of discontinuance accepted by the Attorney General pursuant to NRS 599B.235.
4. If, after a registration certificate is
issued, the amount of the bond, letter of credit or certificate of deposit
which secures the registration falls below the amount that is required by
subsection 2 or the amount determined by the Commissioner pursuant to
subsection 3, the seller shall be deemed not to be registered pursuant to this
chapter for the purposes of NRS 599B.080.
5. The term of any bond, letter of credit
or certificate of deposit, or any renewal thereof, must not be less than 1
year.
6. The Commissioner may reject any bond,
letter of credit or certificate of deposit which fails to conform to the
requirements of this section.
7. A seller may change the form of the
security. If a seller changes the form of the security, the Commissioner may
retain for not more than 1 year all or a portion of the security previously
filed by the seller as security for claims arising at the time the security was
in effect.
8. If no claims have been filed against
the bond, letter of credit or certificate of deposit within 6 months after the
registrant ceases to operate or his or her registration expires, whichever
occurs later, the Commissioner shall release the bond, letter of credit or
certificate of deposit to the registrant and shall not audit any claims filed
thereafter by consumers. If one or more claims have been filed against the
bond, letter of credit or certificate of deposit within 6 months after the
registrant ceases to operate or his or her registration expires, whichever
occurs later, the proceeds must not be released to the registrant or
distributed to any consumer earlier than 1 year after the registrant ceases to
operate or his or her registration expires, whichever occurs later. The
Division shall not audit any claims which are filed pursuant to NRS 599B.105 more than 1 year after the registrant
ceases to operate or his or her registration expires, whichever occurs later.
For the purposes of this subsection, the Commissioner shall determine the date
on which a registrant ceases to operate.
(Added to NRS by 1989, 1383; A 1993, 2105; 1995, 937; 1999, 1519; R
temp. 2009,
2732; R temp. 2011, 2652;
R temp. 2013,
1054, expires by limitation on June 30, 2015)
NRS 599B.105 Rights and remedies of injured consumer; resolution by Division
of claims against security; regulations. [Effective July 1, 2015.]
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 is injured by the
bankruptcy of the seller or his or her breach of any agreement entered into in
his or her capacity as a registrant may bring and maintain an action to recover
against the bond, letter of credit or certificate of deposit.
3. In addition to the remedy provided by
subsection 2, a consumer may file with the Division a claim against a bond,
letter of credit or certificate of deposit filed pursuant to NRS 599B.100 if he or she:
(a) Has purchased or received goods or services
from a registrant;
(b) Was harmed by that registrant’s breach of any
agreement entered into in his or her capacity as a registrant; and
(c) Can show that he or she is entitled to a
refund pursuant to subsection 1 of NRS 599B.190.
Ê No other
person is entitled to bring an action against the bond, letter of credit or
certificate of deposit pursuant to this subsection.
4. The Division shall audit each claim to
determine whether the consumer is entitled to receive a refund pursuant to subsection
1 of NRS 599B.190. The Division may request the
consumer and the registrant, or either of them, to provide information to
assist in the audit.
5. After the Division has completed its
audit, it shall schedule a hearing and notify the registrant and the consumer
of its intent to take action or to decline to take action. If the Division
decides that it will take action against the bond, letter of credit or
certificate of deposit, it shall notify the registrant not less than 10 days
before the date set for the hearing to appear and show cause why the Division
should not take the intended action. If the Division decides that it will not
take action against the bond, letter of credit or certificate of deposit of a
registrant on behalf of the consumer, the Division shall notify the consumer
not less than 10 days before the date set for the hearing to appear and show
cause why the Division should not decline to take action.
6. If, upon hearing, the Commissioner
determines that there are sufficient grounds to take the intended action
against the bond, letter of credit or certificate of deposit, or if the
registrant or the consumer fails to appear and show cause why the Division
should not take the intended action, the Commissioner shall take the action
provided for in the Division’s notice of intended action.
7. The Division shall not distribute or
cause to be distributed to the consumer more than the actual amount of money
that the consumer paid for the product, service or premium. The Division shall
not distribute or cause to be distributed to the consumer the value of a
premium if the value exceeds the amount paid by the consumer.
8. Except as otherwise provided in
subsection 10, if the total amount of money awarded to consumers against a bond
does not exceed the amount of that bond, the surety on the bond shall
distribute the money from the bond to the consumers according to the terms of
the order of the Commissioner and is thereby relieved of all liability pursuant
to the bond.
9. If the total amount of money awarded to
consumers against a bond exceeds the amount of that bond, or if the security is
held in the form of a letter of credit or a certificate of deposit, the surety
on the bond or the issuer of the letter of credit or certificate of deposit
shall deposit the amount of the security with the Division and is thereby
relieved of all liability pursuant thereto. Except as otherwise provided in
subsection 10, the Division shall distribute to each consumer his or her pro
rata share of the proceeds of the bond, letter of credit or certificate of
deposit.
10. Before distributing the proceeds of
the bond, letter of credit or certificate of deposit to the consumer, the
Division:
(a) Shall allow the registrant a reasonable
amount of time within which to resolve the claims.
(b) Is entitled to deduct from the proceeds of
the bond, letter of credit or certificate of deposit the Division’s or
Commissioner’s costs of hearing, auditing and determining the claim, including
attorney’s fees.
11. A consumer who receives less than a
full refund may bring an action in a court of competent jurisdiction against
the registrant to recover the unpaid balance.
12. The Commissioner may adopt regulations
regarding the distribution of the money to claimants pursuant to this section,
including the conduct of hearings relating to such distributions.
(Added to NRS by 1993, 2096; A 1995, 938; R
temp. 2009,
2732; R temp. 2011, 2652;
R temp. 2013,
1054, expires by limitation on June 30, 2015)
NRS 599B.110 Registration of seller: Disclosure of certain convictions,
judgments and orders concerning responsible persons. [Effective July 1, 2015.]
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, expires by limitation on June 30, 2015)
NRS 599B.115 Registration of seller: Work card required for applicant and
certain other persons; exceptions; issuance and renewal of work card;
fingerprints. [Effective July 1, 2015.]
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, expires by limitation on June 30, 2015)
NRS 599B.120 Registration of salesperson: Application; statement of seller;
fee. [Effective July 1, 2015, and 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 registration as a
salesperson must submit to the Division, in such form as it prescribes, a
written application for registration. The application must set forth the
following information:
(a) The name, age and address of the applicant.
(b) If the applicant is a natural person, the
social security number of the applicant.
(c) Each business or occupation engaged in by the
applicant during the 2 years immediately preceding the date of the application,
and the location thereof.
(d) The previous experience of the applicant as a
salesperson.
(e) Whether the applicant has previously been
arrested for, convicted of or is under indictment for a felony and, if so, the
nature of the felony.
(f) Whether the applicant has previously been
convicted of or is under indictment for forgery, embezzlement, obtaining money
under false pretenses, larceny, extortion, conspiracy to defraud or any other
crime involving moral turpitude.
(g) Whether the applicant has previously been
convicted of acting as a salesperson without registration or a license, or
whether such a registration or license has previously been refused, revoked or
suspended in any jurisdiction.
2. Except as otherwise provided in this
subsection, an application filed pursuant to this section must be verified and
be accompanied by:
(a) A verified statement of the seller with whom
the salesperson will be associated, expressing the intention of the seller to
associate the salesperson with him or her and to be responsible for the
activities of the salesperson as a registrant;
(b) If the applicant is a natural person, the
statement required pursuant to NRS 599B.125; and
(c) A fee for registration in the amount of $100.
Ê The fee may
be paid after the application is filed, but must be paid within 14 days after
the applicant begins work as a salesperson.
3. Any application for registration made
by a natural person must be completed personally by the applicant. An
application made by a corporation must be signed by an officer of the
corporation.
(Added to NRS by 1989, 1384; A 1993, 2107; 1997, 2104; R
temp. 2009,
2732; R temp. 2011, 2652;
R temp. 2013,
1054, expires by limitation on June 30, 2015)
NRS 599B.120 Registration of
salesperson: Application; statement of seller; fee. [Effective on 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, or on July 1, 2015, whichever is later.]
1. An applicant for registration as a
salesperson must submit to the Division, in such form as it prescribes, a
written application for registration. The application must set forth the
following information:
(a) The name, age and address of the applicant.
(b) Each business or occupation engaged in by the
applicant during the 2 years immediately preceding the date of the application,
and the location thereof.
(c) The previous experience of the applicant as a
salesperson.
(d) Whether the applicant has previously been
arrested for, convicted of or is under indictment for a felony and, if so, the
nature of the felony.
(e) Whether the applicant has previously been
convicted of or is under indictment for forgery, embezzlement, obtaining money
under false pretenses, larceny, extortion, conspiracy to defraud or any other
crime involving moral turpitude.
(f) Whether the applicant has previously been
convicted of acting as a salesperson without registration or a license, or
whether such a registration or license has previously been refused, revoked or
suspended in any jurisdiction.
2. Except as otherwise provided in this
subsection, an application filed pursuant to this section must be verified and
be accompanied by:
(a) A verified statement of the seller with whom
the salesperson will be associated, expressing the intention of the seller to
associate the salesperson with him or her and to be responsible for the
activities of the salesperson as a registrant; and
(b) A fee for registration in the amount of $100.
Ê The fee may
be paid after the application is filed, but must be paid within 14 days after
the applicant begins work as a salesperson.
3. Any application for registration made
by a natural person must be completed personally by the applicant. An
application made by a corporation must be signed by an officer of the
corporation.
(Added to NRS by 1989, 1384; A 1993, 2107; 1997, 2104; R
temp. 2009,
2732; R temp. 2011, 2652;
R temp. 2013,
1054, expires by limitation on June 30, 2015, effective on 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, or
on July 1, 2015, whichever is later)
NRS 599B.125 Statement regarding payment of child support by applicant for
registration certificate; grounds for denial of registration certificate; duty
of Division. [Effective July 1, 2015, and 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 Division 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 Division 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 Division.
3. A registration certificate as a
salesperson for a seller may not be issued or renewed by the Division 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
Division 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, expires by limitation on June 30, 2015)
NRS 599B.130 Issuance and display of registration certificate. [Effective
July 1, 2015.]
1. The Division shall issue to each
registrant a registration certificate in such form and size as is prescribed by
the Division and, in the case of a seller, shall issue a registration
certificate for each location at which the seller proposes to do business. Each
registration certificate must show the name and address of the registrant and,
in the case of a salesperson’s registration certificate, must set forth the
name of the seller with whom the salesperson will be associated.
2. Each registrant shall prominently
display his or her registration certificate at the location where he or she
does business.
(Added to NRS by 1989, 1385; A 1993, 2108; R
temp. 2009,
2732; R temp. 2011, 2652;
R temp. 2013,
1054, expires by limitation on June 30, 2015)
NRS 599B.140 Renewal of registration. [Effective July 1, 2015.]
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 Division the application
required by NRS 599B.090 or 599B.120, whichever applies; and
(c) If the person is a seller, submitting to the
Division:
(1) A copy of the work card obtained by:
(I) The seller pursuant to
subsection 1 of NRS 599B.115; and
(II) Each principal officer,
director, trustee, shareholder, owner, partner and employee of the seller, and
each salesperson associated with the seller who is not an employee of the
seller, pursuant to subsection 2 of NRS 599B.115;
and
(2) If applicable, a statement listing
each person who, pursuant to subsection 5 of NRS
599B.115, is not required to obtain a work card.
2. Registration expires on the anniversary
of the issuance of the registration. A registrant who wishes to renew his or
her registration must do so on or before the date his or her registration
expires.
3. For the purposes of NRS 599B.080, a person who fails to renew his or her
registration within the time required by this section is not registered
pursuant to this chapter.
4. Except as otherwise provided in NRS 599B.160, if any material change in the
information submitted for registration occurs before the date for renewal, a
registrant shall submit that information to the Division within 10 days after
the registrant obtains knowledge of the change.
(Added to NRS by 1989, 1385; A 1993, 2108; 1997, 3208; 1999, 1906; R
temp. 2009,
2732; R temp. 2011, 2652;
R temp. 2013,
1054, expires by limitation on June 30, 2015)
NRS 599B.141 Renewal of registration: Additional requirements.
1. In addition to any other requirements
set forth in this chapter, an applicant for the renewal of registration as a
seller must indicate in the application submitted to the Division whether the
applicant has a state business license. If the applicant has a state business
license, the applicant must include in the application the state business
license number assigned by the Secretary of State upon compliance with the
provisions of chapter 76 of NRS.
2. A registration as a seller may not be
renewed by the Division if:
(a) The applicant fails to submit the information
required by subsection 1; or
(b) The State Controller has informed the
Division pursuant to subsection 5 of NRS
353C.1965 that the applicant owes a debt to an agency that has been
assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the
payment of the debt pursuant to NRS
353C.130; or
(3) Demonstrated that the debt is not
valid.
3. As used in this section:
(a) “Agency” has the meaning ascribed to it in NRS 353C.020.
(b) “Debt” has the meaning ascribed to it in NRS 353C.040.
(Added to NRS by 2013, 2741)
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 July 1, 2015, and 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 the Division 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 has been
registered by the Division as a salesperson of a seller, the Division shall
deem the person’s registration to be suspended at the end of the 30th day after
the date on which the court order was issued unless the Division receives a
letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been
registered stating that the person has complied with the subpoena or warrant or
has satisfied the arrearage pursuant to NRS
425.560.
2. The Division shall reinstate a
registration certificate as a salesperson for a seller that has been suspended by
a district court pursuant to NRS 425.540
if the Division receives a letter issued by the district attorney or other
public agency pursuant to NRS 425.550
to the person whose registration was suspended stating that the person whose
registration was suspended has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.
(Added to NRS by 1997, 2103; R
temp. 2009,
2732; R temp. 2011, 2652;
R temp. 2013,
1054, expires by limitation on June 30, 2015)
NRS 599B.145 Payment and refund of fees for registration. [Effective July 1,
2015.]
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 be refunded if the
Commissioner rejects an application for registration because the application is
incomplete.
(Added to NRS by 1993, 2096; R
temp. 2009,
2732; R temp. 2011, 2652;
R temp. 2013,
1054, expires by limitation on June 30, 2015)
PRACTICE
NRS 599B.150 Association of salesperson with more than one seller prohibited;
seller to cooperate in investigations. [Effective through June 30, 2015.]
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
Attorney General in any investigation made by the Attorney General concerning
an alleged violation of the provisions of this chapter by a salesperson.
(Added to NRS by 1989, 1385; A 2009, 2727;
2011, 2652;
2013, 1054)
NRS 599B.150 Association of
salesperson with more than one seller prohibited; seller to cooperate in
investigations. [Effective July 1, 2015.]
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 investigation made by the Commissioner concerning an
alleged violation of the provisions of this chapter by a salesperson.
(Added to NRS by 1989, 1385; A 2009, 2727;
2011, 2652;
2013, 1054,
effective July 1, 2015)
NRS 599B.160 Submission to Division of change in material or presentation
used in solicitation. [Effective through June 30, 2015.] If any change is made to any script, outline,
presentation or sales or donation information or literature used by a seller or
salesperson in connection with any solicitation, the new or revised material
must be submitted by the seller or salesperson to the Attorney General before
such material is used.
(Added to NRS by 1989, 1385; A 1993, 2108; 1995, 939; 2009, 2727;
2011, 2652;
2013, 1054)
NRS 599B.160 Submission to Division of
change in material or presentation used in solicitation. [Effective July 1,
2015.] 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 material must be submitted by the registrant to the Division before
such material is used.
(Added to NRS by 1989, 1385; A 1993, 2108; 1995, 939; 2009, 2727;
2011, 2652;
2013, 1054,
effective July 1, 2015)
NRS 599B.170 Required disclosures by salesperson; restrictions on
representations regarding premiums. [Effective through June 30, 2015.]
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 herself by stating his or
her true name;
(b) Identify the seller by whom he or she is
employed; and
(c) State the purpose of his or her call.
2. During any solicitation or sales
presentation made by him or her, or in any correspondence written in connection
with a seller or salesperson, a seller or salesperson shall disclose to a
consumer:
(a) Any charge, including the amount associated
with the use of any premium being offered;
(b) Any material restriction, requirement,
condition, limitation or exception which is associated with the use of the
premium; and
(c) Any charge connected with the sale of any
goods or services.
3. A seller or salesperson shall not
characterize a premium as a prize unless the consumer may receive the premium
free of charge and without making any purchase.
4. A seller or salesperson shall inform
each consumer of the time within which any premium will be delivered.
5. A seller or salesperson shall not make
any representation of the number of premiums to be awarded in a sales promotion
unless the representation accurately reflects the actual number of premiums
that will be awarded.
(Added to NRS by 1989, 1385; A 1993, 2108; 1995, 939; 2009, 2727;
2011, 2652;
2013, 1054)
NRS 599B.170 Required disclosures by
salesperson; restrictions on representations regarding premiums. [Effective
July 1, 2015.]
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 herself by stating his or
her true name;
(b) Identify the seller by whom he or she is
employed; and
(c) State the purpose of his or her call.
2. During any solicitation or sales
presentation made by him or her, or in any correspondence written in connection
with a registrant, a registrant shall disclose to a consumer:
(a) Any charge, including the amount associated
with the use of any premium being offered;
(b) Any material restriction, requirement,
condition, limitation or exception which is associated with the use of the
premium; and
(c) Any charge connected with the sale of any
goods or services.
3. A registrant shall not characterize a
premium as a prize unless the consumer may receive the premium free of charge
and without making any purchase.
4. A registrant shall inform each consumer
of the time within which any premium will be delivered.
5. A registrant shall not make any
representation of the number of premiums to be awarded in a sales promotion
unless the representation accurately reflects the actual number of premiums
that will be awarded.
(Added to NRS by 1989, 1385; A 1993, 2108; 1995, 939; 2009, 2727;
2011, 2652;
2013, 1054,
effective July 1, 2015)
NRS 599B.180 Solicitation involving representation that consumer is or may be
eligible to receive premium. [Effective through June 30, 2015.] 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 or prize, however denominated,
the seller shall:
1. Submit to the Attorney General a
statement setting forth, for each item mentioned:
(a) A description of the item.
(b) The value or worth of the item and the basis
for the valuation.
(c) All terms and conditions a consumer must
satisfy in order to receive the item. The statement must be accompanied by a
copy of the written statement of terms and conditions provided to consumers
pursuant to subsection 3.
(d) If they are ascertainable, the odds, for a
given consumer, of receiving the item.
(e) If a consumer is to receive fewer than all
the items described by the seller:
(1) The manner in which the seller decides
which item a given consumer is to receive.
(2) If they are ascertainable, the odds,
for a given consumer, of receiving each item described.
(3) The name and address of each person
who has, during the preceding 12 months or any portion thereof in which the
seller has done business, received the item having the greatest value and the
item with the smallest odds of being received.
2. Provide the following information to
the consumer at the time of the solicitation:
(a) The complete address of the location and the
telephone number from which the consumer is being called and, if different, the
complete address of the principal location at which the seller does business.
(b) The information required by paragraphs (a)
and (c) of subsection 1.
(c) If the seller elects to inform the consumer
of the value or worth of the item, the information must be identical to that
submitted pursuant to paragraph (b) of subsection 1, in exactly the form
submitted.
(d) If the consumer is to receive fewer than all
the items described by the seller, the information required by subparagraph (1)
of paragraph (e) of subsection 1.
3. Advise the consumer, at the time of the
solicitation, that he or she may obtain, without cost, a written statement of
the terms and conditions he or she must satisfy in order to receive the item.
If the consumer so requests, the seller shall send him or her such a statement,
by mail, without cost to the consumer.
(Added to NRS by 1989, 1385; A 1995, 940; 2009, 2728;
2011, 2652;
2013, 1054)
NRS 599B.180 Solicitation involving
representation that consumer is or may be eligible to receive premium.
[Effective July 1, 2015.] 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 or prize, however denominated, the seller shall:
1. Submit to the Division a statement
setting forth, for each item mentioned:
(a) A description of the item.
(b) The value or worth of the item and the basis
for the valuation.
(c) All terms and conditions a consumer must
satisfy in order to receive the item. The statement must be accompanied by a
copy of the written statement of terms and conditions provided to consumers
pursuant to subsection 3.
(d) If they are ascertainable, the odds, for a
given consumer, of receiving the item.
(e) If a consumer is to receive fewer than all
the items described by the seller:
(1) The manner in which the seller decides
which item a given consumer is to receive.
(2) If they are ascertainable, the odds,
for a given consumer, of receiving each item described.
(3) The name and address of each person
who has, during the preceding 12 months or any portion thereof in which the
seller has done business, received the item having the greatest value and the
item with the smallest odds of being received.
2. Provide the following information to
the consumer at the time of the solicitation:
(a) The complete address of the location and the
telephone number from which the consumer is being called and, if different, the
complete address of the principal location at which the seller does business.
(b) The information required by paragraphs (a)
and (c) of subsection 1.
(c) If the seller elects to inform the consumer
of the value or worth of the item, the information must be identical to that
submitted pursuant to paragraph (b) of subsection 1, in exactly the form
submitted.
(d) If the consumer is to receive fewer than all
the items described by the seller, the information required by subparagraph (1)
of paragraph (e) of subsection 1.
3. Advise the consumer, at the time of the
solicitation, that he or she may obtain, without cost, a written statement of
the terms and conditions he or she must satisfy in order to receive the item.
If the consumer so requests, the seller shall send him or her such a statement,
by mail, without cost to the consumer.
(Added to NRS by 1989, 1385; A 1995, 940; 2009, 2728;
2011, 2652;
2013, 1054,
effective July 1, 2015)
NRS 599B.185 Required disclosures when seller or salesperson solicits sale of
investments. [Effective through June 30, 2015.] If
a seller or salesperson 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 in which the price of the
offered item is determined;
2. Whether the seller or salesperson or
his or her employer receives any financial advantage other than an agent’s or
brokerage fee; and
3. Of the amount of any agent’s or
brokerage fee.
(Added to NRS by 1993, 2098; A 1995, 941; 2009, 2729;
2011, 2652;
2013, 1054)
NRS 599B.185 Required disclosures when
registrant solicits sale of investments. [Effective July 1, 2015.] 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 in which the price of the
offered item is determined;
2. Whether the registrant or his or her
employer receives any financial advantage other than an agent’s or brokerage
fee; and
3. Of the amount of any agent’s or
brokerage fee.
(Added to NRS by 1993, 2098; A 1995, 941; 2009, 2729;
2011, 2652;
2013, 1054,
effective July 1, 2015)
NRS 599B.187 Requirements for use of chance promotion. [Effective through
June 30, 2015.]
1. A seller or salesperson 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 seller or salesperson shall, before
describing any item offered in a chance promotion, inform each consumer that he
or she may participate in the promotion without any obligation to purchase any
goods or services.
3. If a consumer specifically requests the
information and the odds are ascertainable, the seller or salesperson shall
orally disclose the odds of receiving each item offered in the chance
promotion. If such a request is made but the odds are not ascertainable, the
seller or salesperson shall disclose the manner in which the items offered in
the promotion are awarded.
4. A seller or salesperson shall not
require or request the payment of any money as a condition of obtaining any
premium offered in a chance promotion.
5. A seller or salesperson shall not
require a person to perform any action or to supply any information to
participate in a chance promotion, except that the seller or salesperson may require
the person to submit a written request sent by first-class mail. A seller or
salesperson may not require the person to supply any information other than his
or her name, address and a list of the premiums available in the chance
promotion.
6. If a premium is offered in a chance
promotion, the seller or salesperson shall provide any such premium to each
person who does not purchase goods or services from the seller or salesperson
upon the same terms, including time of delivery, as are provided to the persons
who do purchase goods or services from the seller or salesperson.
7. If requested, a seller or salesperson
shall inform each person who does not purchase goods or services from the
seller or salesperson of the manner in which the person can participate in the
chance promotion.
8. Any seller or salesperson who uses a
chance promotion shall:
(a) Furnish to the Attorney General information
establishing the financial ability of the seller or salesperson to award all
premiums to be given in the promotion.
(b) Award all premiums included in the promotion
to bona fide recipients within 12 months after the promotion begins.
(c) Deliver the premiums to bona fide recipients
within a reasonable time.
(Added to NRS by 1993, 2098; A 1995, 941; 2009, 2729;
2011, 2652;
2013, 1054)
NRS 599B.187 Requirements for use of
chance promotion. [Effective July 1, 2015.]
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 chance promotion, inform each consumer that he or she may
participate in the promotion without any obligation to purchase any goods or
services.
3. If a consumer specifically requests the
information and the odds are ascertainable, the registrant shall orally
disclose the odds of receiving each item offered in the chance promotion. If
such a request is made but the odds are not ascertainable, the registrant shall
disclose the manner in which the items offered in the promotion are awarded.
4. A registrant shall not require or
request the payment of any money as a condition of obtaining any premium
offered in a chance promotion.
5. A registrant shall not require a person
to perform any action or to supply any information to participate in a chance
promotion, except that the registrant may require the person to submit a
written request sent by first-class mail. A registrant may not require the
person to supply any information other than his or her name, address and a list
of the premiums available in the chance promotion.
6. If a premium is offered in a chance
promotion, the registrant shall provide any such premium to each person who
does not purchase goods or services from the registrant upon the same terms,
including time of delivery, as are provided to the persons who do purchase
goods or services from the registrant.
7. If requested, a registrant shall inform
each person who does not purchase goods or services from the registrant of the
manner in which the person can participate in the chance promotion.
8. Any registrant who uses a chance
promotion shall:
(a) Furnish to the Division information
establishing the financial ability of the registrant to award all premiums to
be given in the promotion.
(b) Award all premiums included in the promotion
to bona fide recipients within 12 months after the promotion begins.
(c) Deliver the premiums to bona fide recipients
within a reasonable time.
(Added to NRS by 1993, 2098; A 1995, 941; 2009, 2729;
2011, 2652;
2013, 1054,
effective July 1, 2015)
NRS 599B.190 Issuance of refund or replacement of goods or services; notice
to consumer. [Effective through June 30, 2015.]
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
replacement, at his or her option, if:
(a) The goods or services are defective, are not
as represented or if any item described pursuant to NRS
599B.180 is not received as promised; and
(b) He or she returns the unused goods, if any,
or makes a written request for the refund or replacement within 30 days after
he or she receives:
(1) The goods or services; or
(2) Any item described pursuant to NRS 599B.180,
Ê whichever is
received later. A return or request is timely if shipment is made or the
request is postmarked, properly addressed and postage prepaid, within the time
provided by this paragraph.
2. A seller or salesperson who receives a
written request for a refund or replacement shall not require prior
authorization for a return of goods and shall give a refund or replacement
within 14 days after receipt of the request.
3. If a consumer of goods returns only a
portion of the goods, the refund or replacement required by subsection 1 may be
prorated accordingly.
4. The refund or replacement required by
subsection 1 must be given by the seller, regardless of whether payment for the
goods or services is made to the seller or some other person.
5. Except for any proration permitted by
subsection 3, a seller or salesperson shall not impose any charge in connection
with a return of goods or a request for a refund or replacement.
6. If a seller or salesperson receives
payment by credit card, he or she may issue a refund in the form of a credit to
the credit card account of the consumer in lieu of a cash refund.
7. Within 3 days after any purchase of
goods or services or upon delivery of the goods or services, whichever is
later, or within 3 days after receiving a donation, the seller shall provide
the consumer with a written summary of the provisions of this section. The
summary must:
(a) Include the address to which returned goods
or a request for refund may be sent.
(b) Be accompanied by a statement containing the
information required by paragraph (e) of subsection 1 of NRS 599B.180, if the provisions of that section
apply.
(c) If the provisions of paragraph (c) of
subsection 2 of NRS 599B.180 apply, be accompanied
by a statement concerning the number of persons who have, during the 12 months
preceding the solicitation or any portion thereof in which the seller has done
business, received the item having the greatest value and the item with the
smallest odds of being received.
Ê A summary is
timely if it is postmarked, properly addressed and postage prepaid, within the
time provided by this subsection.
(Added to NRS by 1989, 1386; A 1993, 2109; 1995, 942; 2009, 2729;
2011, 2652;
2013, 1054)
NRS 599B.190 Issuance of refund or
replacement of goods or services; notice to consumer. [Effective July 1, 2015.]
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 replacement, at
his or her option, if:
(a) The goods or services are defective, are not
as represented or if any item described pursuant to NRS
599B.180 is not received as promised; and
(b) He or she returns the unused goods, if any,
or makes a written request for the refund or replacement within 30 days after
he or she receives:
(1) The goods or services; or
(2) Any item described pursuant to NRS 599B.180,
Ê whichever is
received later. A return or request is timely if shipment is made or the
request is postmarked, properly addressed and postage prepaid, within the time
provided by this paragraph.
2. A registrant who receives a written
request for a refund or replacement shall not require prior authorization for a
return of goods and shall give a refund or replacement within 14 days after
receipt of the request.
3. If a consumer of goods returns only a
portion of the goods, the refund or replacement required by subsection 1 may be
prorated accordingly.
4. The refund or replacement required by
subsection 1 must be given by the seller, regardless of whether payment for the
goods or services is made to the seller or some other person.
5. Except for any proration permitted by
subsection 3, a registrant shall not impose any charge in connection with a
return of goods or a request for a refund or replacement.
6. If a registrant receives payment by
credit card, he or she may issue a refund in the form of a credit to the credit
card account of the consumer in lieu of a cash refund.
7. Within 3 days after any purchase of
goods or services or upon delivery of the goods or services, whichever is
later, or within 3 days after receiving a donation, the seller shall provide
the consumer with a written summary of the provisions of this section. The
summary must:
(a) Be made in a form prescribed by the Division.
(b) Include the address to which returned goods
or a request for refund may be sent.
(c) Be accompanied by a statement containing the
information required by paragraph (e) of subsection 1 of NRS 599B.180, if the provisions of that section
apply.
(d) If the provisions of paragraph (c) of
subsection 2 of NRS 599B.180 apply, be accompanied
by a statement concerning the number of persons who have, during the 12 months
preceding the solicitation or any portion thereof in which the seller has done
business, received the item having the greatest value and the item with the
smallest odds of being received.
Ê A summary is
timely if it is postmarked, properly addressed and postage prepaid, within the
time provided by this subsection.
(Added to NRS by 1989, 1386; A 1993, 2109; 1995, 942; 2009, 2729;
2011, 2652;
2013, 1054,
effective July 1, 2015)
NRS 599B.195 Delivery of goods or services must be accompanied by form.
[Effective July 1, 2015.] Each
delivery of goods or services by a registrant must be accompanied by the form
prescribed by the Division pursuant to subsection 7 of NRS
599B.190.
(Added to NRS by 1993, 2098; R
temp. 2009,
2732; R temp. 2011, 2652;
R temp. 2013,
1054, expires by limitation on June 30, 2015)
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 of the service which the seller or salesperson has agreed
to perform for or on behalf of the consumer.
(Added to NRS by 1995, 931)
NRS 599B.200 Disclosure of purchaser prohibited; exceptions. [Effective
through June 30, 2015.] 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 information
to:
1. Any person employed by or associated
with the seller; or
2. Any law enforcement officer or agency
that requires the information for investigative purposes.
(Added to NRS by 1989, 1387; A 1993, 2110; 2009, 2730;
2011, 2652;
2013, 1054)
NRS 599B.200 Disclosure of purchaser
prohibited; exceptions. [Effective July 1, 2015.] 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 information
to:
1. Any person employed by or associated
with the seller;
2. The Commissioner or any employee of the
Division; or
3. Any law enforcement officer or agency
that requires the information for investigative purposes.
(Added to NRS by 1989, 1387; A 1993, 2110; 2009, 2730;
2011, 2652;
2013, 1054,
effective July 1, 2015)
ENFORCEMENT
NRS 599B.210 Appointment of Secretary of State as agent for service of
process; procedure for and effect of service; fee. [Effective through June 30,
2015.]
1. Every seller or salesperson, other than
a seller or salesperson incorporated in this state, shall file with the
Secretary of State an irrevocable consent appointing the Secretary of State as
his or her agent to receive service of any lawful process in any action or
proceeding against him or her arising pursuant to this chapter. Any lawful
process against the seller or salesperson served upon the Secretary of State as
provided in subsection 2 has the same force and validity as if served upon the
seller or salesperson personally.
2. Service of process authorized by
subsection 1 must be made by filing with the Secretary of State:
(a) Two copies of the process. The copies must
include a specific citation to the provisions of this section. The Secretary of
State may refuse to accept such service if the proper citation is not included
in each copy.
(b) A fee of $10.
Ê The
Secretary of State shall forthwith forward one copy of the process by
registered or certified mail prepaid to the seller or salesperson, or in the
case of a seller or salesperson organized under the laws of a foreign
government, to the United States manager or last appointed United States
general agent of the seller or salesperson, giving the day and the hour of the
service.
3. Service of process is not complete
until the copy thereof has been mailed and received by the seller or
salesperson, and the receipt of the addressee is prima facie evidence of the
completion of the service.
4. If service of summons is made upon the
Secretary of State in accordance with the provisions of this section, the time
within which the seller or salesperson is required to appear is extended 10
days.
(Added to NRS by 1989, 1389; A 1991, 1317; 1993, 2110; 1997, 475; 2009, 2731;
2011, 2652;
2013, 1054)
NRS 599B.210 Appointment of Secretary
of State as agent for service of process; procedure for and effect of service;
fee. [Effective July 1, 2015.]
1. Every registrant, other than a
registrant incorporated in this state, shall file with the Secretary of State
an irrevocable consent appointing the Secretary of State as his or her agent to
receive service of any lawful process in any action or proceeding against him
or her arising pursuant to this chapter. Any lawful process against the
registrant served upon the Secretary of State as provided in subsection 2 has
the same force and validity as if served upon the registrant personally.
2. Service of process authorized by
subsection 1 must be made by filing with the Secretary of State:
(a) Two copies of the process. The copies must
include a specific citation to the provisions of this section. The Secretary of
State may refuse to accept such service if the proper citation is not included
in each copy.
(b) A fee of $10.
Ê The
Secretary of State shall forthwith forward one copy of the process by registered
or certified mail prepaid to the registrant, or in the case of a registrant
organized under the laws of a foreign government, to the United States manager
or last appointed United States general agent of the registrant, giving the day
and the hour of the service.
3. Service of process is not complete
until the copy thereof has been mailed and received by the registrant, and the
receipt of the addressee is prima facie evidence of the completion of the
service.
4. If service of summons is made upon the
Secretary of State in accordance with the provisions of this section, the time
within which the registrant is required to appear is extended 10 days.
(Added to NRS by 1989, 1389; A 1991, 1317; 1993, 2110; 1997, 475; 2009, 2731;
2011, 2652;
2013, 1054,
effective July 1, 2015)
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 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.
(Added to NRS by 1995, 931)
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 thereto.
2. If the Attorney General has reason to
believe that any 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 thereto, the Attorney General may:
(a) Issue a subpoena to require the testimony of
any person;
(b) Issue a subpoena to require the production of
any documents; or
(c) Administer an oath or affirmation to any
person providing testimony pursuant to a subpoena.
3. A subpoena issued pursuant to
subsection 2 must be served in the manner provided in the Nevada Rules of Civil
Procedure.
(Added to NRS by 1993, 2099)
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 court for equitable relief. The
court may:
1. Order the person to testify or to
produce the requested documents pursuant to the subpoena; and
2. Grant other relief necessary to compel
compliance by the person.
(Added to NRS by 1993, 2099)
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 provisions of this chapter
or any regulation adopted pursuant thereto. The assurance may include a
stipulation for the payment of money to this state by the alleged violator, including
but not limited to, payment for the costs of investigation, for the costs of
instituting the action or proceeding and for the restitution of any money or
property acquired as a result of the violation.
2. Proof by a preponderance of evidence of
a violation of an assurance given pursuant to subsection 1 constitutes prima
facie evidence of a violation of the applicable statutes or regulations for the
purpose of any civil action or proceeding brought thereafter by the Attorney
General, whether the action or proceeding is a new action or a subsequent
motion or petition in a pending action or proceeding.
(Added to NRS by 1993, 2099)
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 indirectly, has violated, is violating or is
about to violate any of the provisions of this chapter or any regulation
adopted pursuant thereto, he or she may institute an appropriate legal
proceeding against the person. The district court, upon a showing that the
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 thereto, may grant the following remedies, as appropriate:
(a) Issue a temporary or permanent injunction;
(b) Impose a civil penalty not to exceed $5,000
for each violation;
(c) Issue a declaratory judgment;
(d) Order restitution for consumers;
(e) Provide for the appointment of a receiver;
(f) Order the payment of attorney’s fees and
costs; and
(g) Order such other relief as the court deems
just.
2. Any person who violates a court order
or injunction issued pursuant to subsection 1 shall, upon a complaint brought
by the Attorney General, pay a civil penalty of not more than $50,000 for each
violation.
(Added to NRS by 1993, 2099; A 1995, 943)
NRS 599B.255 Willful violations: Prosecution; criminal penalties;
forfeitures. [Effective through June 30, 2015.]
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, the provisions of this chapter. Such a
person:
(a) For the first offense within 10 years, is
guilty of a misdemeanor.
(b) For the second offense within 10 years, is
guilty of a gross misdemeanor.
(c) For the third and all subsequent offenses
within 10 years, is guilty of a category D felony and shall be punished as
provided in NRS 193.130, or by a fine
of not more than $50,000, or by both fine and the punishment provided in NRS 193.130.
2. Any offense which occurs within 10
years immediately preceding the date of the principal offense or after the
principal offense constitutes a prior offense for the purposes of subsection 1
when evidenced by a conviction, without regard to the sequence of the offenses
and convictions.
3. Property or proceeds attributable to
any violation pursuant to the provisions of this section are subject to
forfeiture in the manner provided by NRS
179.1156 to 179.121, inclusive.
(Added to NRS by 1993, 2100; A 1995, 943, 1307; 2009, 2731;
2011, 2652;
2013, 1054)
NRS 599B.255 Willful violations:
Prosecution; criminal penalties; forfeitures. [Effective July 1, 2015.]
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, the provisions of this chapter. Except
as otherwise provided in subsection 3, such a person:
(a) For the first offense within 10 years, is
guilty of a misdemeanor.
(b) For the second offense within 10 years, is
guilty of a gross misdemeanor.
(c) For the third and all subsequent offenses
within 10 years, is guilty of a category D felony and shall be punished as
provided in NRS 193.130, or by a fine
of not more than $50,000, or by both fine and the punishment provided in NRS 193.130.
2. Any offense which occurs within 10
years immediately preceding the date of the principal offense or after the
principal offense constitutes a prior offense for the purposes of subsection 1
when evidenced by a conviction, without regard to the sequence of the offenses
and convictions.
3. A person who violates any provision of NRS 599B.080 is guilty of a category D felony and
shall be punished as provided in NRS
193.130, or by a fine of not more than $50,000, or by both fine and the
punishment provided in NRS 193.130.
4. Property or proceeds attributable to
any violation pursuant to the provisions of this section are subject to
forfeiture in the manner provided by NRS
179.1156 to 179.121, inclusive.
(Added to NRS by 1993, 2100; A 1995, 943, 1307; 2009, 2731;
2011, 2652;
2013, 1054,
effective July 1, 2015)
NRS 599B.260 Deposit and use of money collected pursuant to this chapter. [Effective
through June 30, 2015.]
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 General Fund and may only be used to defray the costs of:
(a) Administering and enforcing the provisions of
this chapter.
(b) Enforcing the provisions of chapter 598 of NRS as they relate to the conduct
of sellers and salespersons.
2. The provisions of this section do not
apply to:
(a) Criminal fines imposed pursuant to the
provisions of this chapter; or
(b) Restitution ordered in an action brought by
the Attorney General pursuant to the provisions of this chapter. Money
collected for restitution ordered in such an action must be deposited by the
Attorney General and credited to the appropriate account of the Attorney
General for distribution to the person for whom the restitution was ordered.
(Added to NRS by 1993, 2096; A 1995, 944; 2001, 2928; 2009, 2732;
2011, 2652;
2013, 1054)
NRS 599B.260 Deposit and use of money
collected pursuant to this chapter. [Effective July 1, 2015.]
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 General Fund and may only be used to defray the costs of:
(a) Administering and enforcing the provisions of
this chapter.
(b) Enforcing the provisions of chapter 598 of NRS as they relate to the conduct
of sellers and salespersons, whether or not the sellers and salespersons are
registered pursuant to this chapter.
2. The provisions of this section do not
apply to:
(a) Criminal fines imposed pursuant to the
provisions of this chapter; or
(b) Restitution ordered in an action brought by
the Attorney General pursuant to the provisions of this chapter. Money
collected for restitution ordered in such an action must be deposited by the
Attorney General and credited to the appropriate account of the Division or the
Attorney General for distribution to the person for whom the restitution was
ordered.
(Added to NRS by 1993, 2096; A 1995, 944; 2001, 2928; 2009, 2732;
2011, 2652;
2013, 1054,
effective July 1, 2015)
SOLICITATION OF ELDERLY PERSON OR PERSON WITH A DISABILITY
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
substantially limits one or more of the major life activities of the person;
(b) Has a record of such an impairment; or
(c) Is regarded as having such an impairment.
(Added to NRS by 1993, 1979; A 2003, 2569)
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 addition to any other
civil or criminal penalty, impose a civil penalty of not more than $10,000 for
each violation.
2. In determining whether to impose a
civil penalty pursuant to subsection 1, the court shall consider whether:
(a) The conduct of the person was in disregard of
the rights of the elderly person or person with a disability;
(b) The person knew or should have known that his
or her conduct was directed toward an elderly person or a person with a
disability;
(c) The elderly person or person with a
disability was more vulnerable to the conduct of the person because of the age,
health, infirmity, impaired understanding, restricted mobility or disability of
the elderly person or person with a disability;
(d) The conduct of the person caused the elderly
person or person with a disability to suffer actual and substantial physical,
emotional or economic damage;
(e) The conduct of the person caused the elderly
person or person with a disability to suffer:
(1) Mental or emotional anguish;
(2) The loss of the primary residence of
the elderly person or person with a disability;
(3) The loss of the principal employment
or source of income of the elderly person or person with a disability;
(4) The loss of money received from a
pension, retirement plan or governmental program;
(5) The loss of property that had been set
aside for retirement or for personal or family care and maintenance;
(6) The loss of assets which are essential
to the health and welfare of the elderly person or person with a disability; or
(7) Any other interference with the
economic well-being of the elderly person or person with a disability,
including the encumbrance of his or her primary residence or principal source
of income; or
(f) Any other factors that the court deems to be
appropriate.
(Added to NRS by 1993, 1979; A 1995, 944)
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 county
treasurer of that county and accounted for separately in the county general
fund.
2. Money in the account created pursuant
to subsection 1 must be used by the district attorney of the county for:
(a) The investigation and prosecution of acts of
unlawful solicitation by telephone against elderly persons or persons with
disabilities; and
(b) Programs for the education of consumers which
are directed toward elderly persons or persons with disabilities, law
enforcement officers, members of the judicial system, persons who provide
social services and the general public.
(Added to NRS by 1993, 1980; A 1995, 945)
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 action against any person who engaged in the solicitation to recover the
actual damages suffered by the elderly person or person with a disability,
punitive damages, if appropriate, and reasonable attorney’s fees. The
collection of any restitution awarded pursuant to this section has a priority
over the collection of any civil penalty imposed pursuant to NRS 599B.280.
(Added to NRS by 1993, 1980)
