Nevada Revised Statutes 649.375 – Prohibited practices generally
1. A collection agency, or its compliance manager, agents or employees, shall not:
Terms Used In Nevada Revised Statutes 649.375
- Contract: A legal written agreement that becomes binding when signed.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
(a) Use any device, subterfuge, pretense or deceptive means or representations to collect any claim, nor use any collection letter, demand or notice which simulates a legal process or purports to be from any local, city, county, state or government authority or attorney.
(b) Collect or attempt to collect any interest, charge, fee or expense incidental to the principal obligation unless:
(1) Any such interest, charge, fee or expense as authorized by law or contract or as agreed to by the parties has been added to the principal of the claim by the creditor before receipt of the item of collection;
(2) Any such interest, charge, fee or expense as authorized by law or contract or as agreed to by the parties has been added to the principal of the claim by the collection agency and described as such in the first written communication with the debtor; or
(3) The interest, charge, fee or expense has been judicially determined as proper and legally due from and chargeable against the debtor.
(c) Assign or transfer any claim or account upon termination or abandonment of its collection business unless prior written consent by the customer is given for the assignment or transfer. The written consent must contain an agreement with the customer as to all terms and conditions of the assignment or transfer, including the name and address of the intended assignee. Prior written consent of the Commissioner must also be obtained for any bulk assignment or transfer of claims or accounts, and any assignment or transfer may be regulated and made subject to such limitations or conditions as the Commissioner by regulation may reasonably prescribe.
(d) Operate its business or solicit claims for collection from any location, address or post office box other than that listed on its license or as may be prescribed by the Commissioner, except for employees of a collection agency working from a remote location pursuant to NRS 649.310 to 649.313, inclusive.
(e) Harass a debtor’s employer in collecting or attempting to collect a claim, nor engage in any conduct that constitutes harassment as defined by regulations adopted by the Commissioner.
(f) Advertise for sale or threaten to advertise for sale any claim as a means to enforce payment of the claim, unless acting under court order.
(g) Publish or post, or cause to be published or posted, any list of debtors except for the benefit of its stockholders or membership in relation to its internal affairs.
(h) Conduct or operate, in conjunction with its collection agency business, a debt counseling or prorater service for a debtor who has incurred a claim primarily for personal, family or household purposes whereby the debtor assigns or turns over to the counselor or prorater any of the debtor’s earnings or other money for apportionment and payment of the claim or obligations of the debtor. This section does not prohibit the conjunctive operation of a business of commercial debt adjustment with a collection agency if the business deals exclusively with the collection of commercial debt.
(i) Collect a claim from a person who owes fees to:
(1) A unit-owners’ association, if the collection agency is:
(I) Owned or operated by or is an affiliate of a person or entity who is the community manager for the unit-owners’ association; or
(II) Owned or operated by a relative of a person who is the community manager for the unit-owners’ association.
(2) A person or entity who is an operator of a tow car, if the collection agency is:
(I) Owned or operated by or is an affiliate of a person or entity who is the operator of a tow car; or
(II) Owned or operated by a relative of a person who is the operator of a tow car.
(3) A person or entity who engages in the business of, acts in the capacity of or assumes to act as a property manager of an apartment building, if the collection agency is:
(I) Owned or operated by or is an affiliate of the person or entity who engages in the business of, acts in the capacity of or assumes to act as the property manager of an apartment building; or
(II) Owned or operated by a relative of the person who engages in the business of, acts in the capacity of or assumes to act as the property manager of an apartment building.
(j) File a civil action to collect a debt when the collection agency, compliance manager, agent or employee knows or should know that the applicable limitation period for filing such an action has expired.
(k) Sell an interest in a resolved claim or any personal or financial information related to the resolved claim.
2. As used in this section:
(a) ’Affiliate’ means a person who directly or indirectly, through one or more intermediaries, controls or is controlled by or is under common control with another designated person.
(b) ’Community manager’ has the meaning ascribed to it in NRS 116.023 or 116B.050.
(c) ’Operator of a tow car’ means a person or entity required by NRS 706.4463 to obtain a certificate of public convenience and necessity.
(d) ’Property manager’ has the meaning ascribed to it in NRS 645.0195.
(e) ’Relative’ means a person who is related by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.
(f) ’Unit-owners’ association’ has the meaning ascribed to it in NRS 116.011 or 116B.030.