Nevada Revised Statutes 688C.510 – Injunctive and other relief; administrative fine; restitution; civil action; rescission
1. In addition to the penalties and other means of enforcement provided under this chapter:
Terms Used In Nevada Revised Statutes 688C.510
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(a) If a person violates a provision of this chapter or of a regulation adopted under this chapter, the Commissioner may seek an injunction and apply for temporary and permanent orders the Commissioner determines to be necessary to restrain the violator.
(b) A person who violates a provision of this chapter is subject to an administrative fine of not more than $1,000 for each violation.
(c) In addition to a criminal penalty imposed, the court shall order restitution to the person aggrieved by the violation.
2. A person aggrieved by a violation of this chapter may bring a civil action against the violator to recover the damages suffered.
3. A violation of this chapter attendant to the signing of an agreement to purchase a viatical settlement renders the agreement voidable and subject to rescission by the purchaser of viatical settlements, upon tender of the viaticated policy by the purchaser of viatical settlements to the provider of viatical settlements. Suit for rescission may be brought:
(a) In a court of competent jurisdiction;
(b) In the jurisdiction where the alleged violator resides;
(c) In the jurisdiction where the alleged violator has a principal place of business; or
(d) In the jurisdiction where the alleged violation occurred.