Nevada

1.  Unfair Claims Practices Act

2.  Unfair Trade Practices Act

3.  Imitation Crash Parts Regulations - no law we have found yet.
4.  Anti-Steering Regulations 

5.  Timely Notification 

6.  Timely Payment

7.  False & Misleading Advertising

8.  False Use of Insurer’s Name

9.  Total Losses  

10. Consumer Sales Practices Acts 

11. Consumer Auto Repair Practices Acts 

12. Telemarketing laws 

13. Home Sales Act   - no law we have found.

14. Licensing Adjusters 

15. Diminished Value - no law we have found yet.

Unfair Claims Practices Act

1.  Engaging in any of the following activities is considered to be an unfair practice:

      (a) Misrepresenting to insureds or claimants pertinent facts or insurance policy provisions relating to any coverage at issue.

      (b) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies.

      (c) Failing to adopt and implement reasonable standards for the prompt investigation and processing of claims arising under insurance policies.

      (d) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss requirements have been completed and submitted by the insured.

      (e) Failing to effectuate prompt, fair and equitable settlements of claims in which liability of the insurer has become reasonably clear.

      (f) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds, when the insureds have made claims for amounts reasonably similar to the amounts ultimately recovered.

more>> http://www.leg.state.nv.us/NRS/NRS-686A.html#NRS686ASec310 

Unfair Trade Practices Act

NRS 686A.020 Unfair methods and deceptive acts prohibited. A person shall not engage in this state in any practice which is defined in NRS 686A.010 to 686A.310, inclusive, as, or determined pursuant to NRS 686A.170 to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.

      (Added to NRS by 1971, 1688; A 1975, 1287; 1977, 432)

NRS 686A.025 Unfair acts and practices: Disclosure of nonpublic personal information in manner contrary to federal law.

      1.  Disclosure of nonpublic personal information in a manner contrary to the provisions of subchapter 1 of Title V of Public Law 106-102, 15 U.S.C. §§ 6801-6809 is an unfair act or practice in the business of insurance within the meaning of this chapter.

      2.  As used in this section, “nonpublic personal information” has the meaning ascribed to it in 15 U.S.C. § 6809(4).

      3.  The commissioner shall adopt regulations necessary to carry out the provisions of this section.

      (Added to NRS by 2001, 2214)

NRS 686A.030 Misrepresentation and false advertising of policies prohibited. A person shall not make, issue, circulate or cause to be made, issued or circulated, any estimate, illustration, circular, statement, sales presentation or comparison which:

      1.  Misrepresents the benefits, advantages, conditions or terms of any insurance policy;

      2.  Misrepresents the dividends or share of the surplus to be received on any insurance policy;

      3.  Makes any false or misleading statement as to the dividends or share of surplus previously paid on any insurance policy;

      4.  Is misleading or is a misrepresentation as to the financial condition of any person, or as to the legal reserve system upon which any life insurer operates;

      5.  Uses any name or title of any policy or class of insurance policies misrepresenting the true nature thereof;

      6.  Is a misrepresentation for the purpose of inducing or tending to induce the lapse, forfeiture, exchange, conversion or surrender of any insurance policy;

      7.  Is a misrepresentation for the purpose of effecting a pledge or assignment of or effecting a loan against any insurance policy; or

      8.  Misrepresents any insurance policy as being shares of stock.

more>> http://www.leg.state.nv.us/NRS/NRS-686A.html#NRS686ASec020 

Imitation Crash Parts Regulations 

We have not found any law yet. 

Anti-Steering Regulations 

NRS 690B.016 Prohibition against knowing recommendation of unlicensed body shop or required patronization of particular body shop.

      1.  An insurer of motor vehicles shall not:

      (a) Knowingly recommend to an insured, or direct an insured to, a body shop in this state which is not licensed pursuant to NRS 487.630; or

      (b) Require an insured to patronize any licensed body shop in this state in preference to another such business, except in accordance with the regulations adopted pursuant to paragraph (c) of subsection 7 of NRS 487.002.

      2.  For the purposes of this section, an insurer is entitled to rely upon the validity of the license number included by the body shop on its estimates and invoices for repairs.

      (Added to NRS by 1989, 1002, 2045)

update>> http://www.leg.state.nv.us/NRS/NRS-690B.html#NRS690BSec016 

Timely Notification

1.  Engaging in any of the following activities is considered to be an unfair practice:

(b) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies.

      (c) Failing to adopt and implement reasonable standards for the prompt investigation and processing of claims arising under insurance policies.

      (d) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss requirements have been completed and submitted by the insured.

more>> http://www.leg.state.nv.us/NRS/NRS-686A.html#NRS686ASec310 

Timely Payment

1.  Engaging in any of the following activities is considered to be an unfair practice:

(e) Failing to effectuate prompt, fair and equitable settlements of claims in which liability of the insurer has become reasonably clear.

updates>> http://www.leg.state.nv.us/NRS/NRS-686A.html#NRS686ASec310 

NRS 686A.300 Delay in payment of claim for damages to motor vehicle after receipt of statement of charges prohibited; settling claim without providing for repair of vehicle permitted; exception.

      1.  An insurer who issues insurance covering damage to a motor vehicle shall not delay making payment for any claim involving damage to a motor vehicle after receiving a statement of charges, pursuant to the provisions of NRS 487.035, from any garage or licensed body shop previously authorized by the insured to perform the repairs required by that claim.

      2.  A delay, within the meaning of this section, is failure to issue a check or draft, payable to the garage or licensed body shop or jointly to the insured and the garage or licensed body shop, within 30 days after the insurer’s receipt of the statement of charges for repairs which have been satisfactorily completed.

      3.  If the damaged vehicle is subject to a security interest or the legal owner of the damaged vehicle is different from the registered owner, the vehicle must be repaired by a garage or licensed body shop unless:

      (a) The insurer has declared the vehicle a total loss; or

      (b) The total charge for the repair of the vehicle, as set forth in the statement of charges presented pursuant to NRS 487.035, is $300 or less.

      4.  Except as otherwise provided in subsection 3, nothing in this section shall be deemed to prohibit an insurer and insured from settling a claim involving damage to a motor vehicle without providing for the repair of the vehicle.

      5.  As used in this section, “licensed body shop” means a body shop for which a license has been issued pursuant to chapter 487 of NRS.

more>> http://www.leg.state.nv.us/NRS/NRS-686A.html#NRS686ASec300 

False & Misleading Advertising

NRS 686A.030 Misrepresentation and false advertising of policies prohibited. A person shall not make, issue, circulate or cause to be made, issued or circulated, any estimate, illustration, circular, statement, sales presentation or comparison which:

      1.  Misrepresents the benefits, advantages, conditions or terms of any insurance policy;

      2.  Misrepresents the dividends or share of the surplus to be received on any insurance policy;

      3.  Makes any false or misleading statement as to the dividends or share of surplus previously paid on any insurance policy;

      4.  Is misleading or is a misrepresentation as to the financial condition of any person, or as to the legal reserve system upon which any life insurer operates;

      5.  Uses any name or title of any policy or class of insurance policies misrepresenting the true nature thereof;

      6.  Is a misrepresentation for the purpose of inducing or tending to induce the lapse, forfeiture, exchange, conversion or surrender of any insurance policy;

      7.  Is a misrepresentation for the purpose of effecting a pledge or assignment of or effecting a loan against any insurance policy; or

      8.  Misrepresents any insurance policy as being shares of stock.

      (Added to NRS by 1971, 1688; A 1975, 1287)

 NRS 686A.040 False information and advertising prohibited. No person shall make, publish, disseminate, circulate or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio or television station, or in any other way, any advertisement, announcement or statement containing any assertion, representation or statement with respect to the business of insurance or with respect to any person in the conduct of his insurance business, which is untrue, deceptive or misleading.

more>> http://www.leg.state.nv.us/NRS/NRS-686A.html#NRS686ASec020 

False Use of Insurer’s Name

NRS 686A.280 Use of name deceptively implying person is insurer prohibited. No person who is not an insurer shall assume or use any name which deceptively implies or suggests that it is an insurer.

more>> http://www.leg.state.nv.us/NRS/NRS-686A.html#NRS686ASec280 

NRS 602.017 Adoption of fictitious name including “Corporation,” “Corp.,” “Incorporated” or “Inc.”

      1.  No person may adopt any fictitious name which includes “Corporation,” “Corp.,” “Incorporated,” or “Inc.” in its title, unless that person is a corporation organized or qualified to do business pursuant to the laws of this state.

      2.  No county clerk may accept for filing a certificate which violates any provision of this chapter.

      (Added to NRS by 1981, 240)

update>> http://www.leg.state.nv.us/NRS/NRS-602.html 

Total Losses

NRS 487.045 “Total loss vehicle” defined. As used in NRS 487.045 to 487.200, inclusive, “total loss vehicle” means a vehicle:

      1.  Of a type which is subject to registration;

      2.  Which has been wrecked, destroyed or otherwise damaged to such an extent that the owner, leasing company, financial institution or the insurance company that insured the vehicle considers it uneconomical to repair the vehicle; and

      3.  Because of that wreckage, destruction or other damage, which is not repaired by or for the person who owned the vehicle at the time of the event resulting in the damage.

 

NRS 487.110 Salvage vehicles: Sale; rebuilt and restored; notice to state agency of retention by insured.

      1.  Except as otherwise provided in subsection 2, whenever a vehicle subject to registration is sold as salvage:

      (a) As a result of a total loss insurance settlement, the insurance company or its authorized agent shall forward the endorsed ownership certificate or other evidence of title to the state agency within 30 days after receipt thereof; or

      (b) Because the owner determines that the vehicle is a total loss vehicle,

the owner shall forward the ownership certificate or other evidence of title to the state agency within 120 days after the vehicle is damaged.

      2.  The insurance company or its authorized agent may sell a vehicle for which a total loss settlement has been made with the properly endorsed ownership certificate or other evidence of title if the total loss settlement resulted from the theft of the vehicle and the vehicle, when recovered, was not damaged to the extent that it was required to be rebuilt. An owner who has determined that a vehicle is a total loss vehicle may sell the vehicle with the properly endorsed ownership certificate or other evidence of title to a salvage pool, automobile auction, rebuilder, automobile wrecker or a new or used motor vehicle dealer.

      3.  Upon the sale of the salvage vehicle, the insurance company, salvage pool, automobile auction, leasing company or financial institution which sells the salvage vehicle shall issue a bill of sale of salvage to the purchaser on a form to be prescribed and supplied by the state agency. The state agency shall accept the bill of sale of salvage in lieu of the ownership certificate or other evidence of title when accompanied by an appropriate application or other documents and fees.

      4.  When the salvage vehicle is rebuilt and to be restored to operation, the vehicle may not be licensed for operation or the ownership thereof transferred until there is submitted to the state agency with the prescribed bill of sale of salvage an appropriate application, other documents and fees required, and a certificate of inspection signed by an employee of the state agency attesting to its mechanical fitness and safety.

      5.  When a total loss insurance settlement between the insurance company and its insured results in the retention of the salvage vehicle by the insured, the insurance company or its authorized agent shall, within 30 days after the date of settlement, notify the state agency of the retention by its insured upon a form to be supplied by the state agency.

      (Added to NRS by 1963, 839; A 1979, 1230; 1987, 1603; 1991, 526; 1995, 1574)

NRS 487.185 Removal of total loss vehicle; penalty.

      1.  A person shall not remove a total loss vehicle from this state for the purpose of selling that vehicle unless the ownership certificate or other evidence of title has been forwarded to the state agency pursuant to paragraph (b) of subsection 1 of NRS 487.110.

      2.  A person who violates the provisions of this section:

      (a) If the value of the vehicle removed from this state is less than $250, is guilty of a misdemeanor.

      (b) If the value of the vehicle removed from this state is $250 or more, is guilty of a gross misdemeanor.

update>> http://www.leg.state.nv.us/NRS/NRS-487.html 
Consumer Sales Practices Acts

NRS 104.2201 Formal requirements; statute of frauds.

      1.  Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this subsection beyond the quantity of goods shown in such writing.

      2.  Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection 1 against such party unless written notice of objection to its contents is given within 10 days after it is received.

      3.  A contract which does not satisfy the requirements of subsection 1 but which is valid in other respects is enforceable:

      (a) If the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller’s business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or

      (b) If the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or

      (c) With respect to goods for which payment has been made and accepted or which have been received and accepted (NRS 104.2606).

      (Added to NRS by 1965, 787)

 

NRS 104.2206 Offer and acceptance in formation of contract.

      1.  Unless otherwise unambiguously indicated by the language or circumstances:

      (a) An offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.

      (b) An order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or nonconforming goods, but such a shipment of nonconforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.

      2.  Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.

      (Added to NRS by 1965, 788)

 

update>> http://www.leg.state.nv.us/NRS/NRS-104.html#NRS104Sec2201 

 

Consumer Auto Repair Practices Acts

BODY SHOPS

NRS 487.600 “Body shop” defined. As used in NRS 487.610 to 487.690, inclusive, “body shop” means any place where the body of a motor vehicle is painted, fixed, repaired or replaced for compensation.

      (Added to NRS by 1987, 1597; A 1989, 2043; 1993, 2347)

NRS 487.610 Unlawful to operate body shop without license; investigation of applicant.

      1.  No person may operate a body shop without first applying for and obtaining a license to do so from the department.

      2.  The department shall investigate any applicant for a license to operate a body shop and report the results of its investigation on a form provided by the department.

      (Added to NRS by 1987, 1597)

NRS 487.615 Licensed operator of body shop may operate or move unregistered vehicle on highways under certain conditions.

      1.  Any licensed operator of a body shop who owns or controls any vehicle of a type required to be registered pursuant to the laws of this state may operate or move that vehicle upon the highways without subjecting the vehicle to registration if the operation or movement is for the sole purpose of moving the vehicle:

      (a) From its location to the established place of business of the licensee; or

      (b) From the place of business of the licensee to the established place of business of a person with whom the licensee has contracted for the performance of specialized repairs.

      2.  The operator shall obtain license plates from the department for the movement of such vehicles. The fees charged for such plates must be the same as those fees listed in NRS 482.490.

      (Added to NRS by 1989, 2043)

NRS 487.620 Operator of body shop to maintain established place of business and affix legible sign containing name of business. An operator of a body shop shall:

      1.  Maintain an established place of business in this state which includes a permanent enclosed building owned in fee or leased by the operator with sufficient space to conduct safely the operations of the body shop.

      2.  At each of his established places of business, permanently affix a sign containing the name of his business in lettering of sufficient size to be clearly legible from the center of the nearest street or roadway, except that the lettering must be at least 8 inches high and formed by lines that are at least 1-inch wide.

      (Added to NRS by 1987, 1598; A 1997, 1517)

 NRS 487.630 License: Application; fee; issuance; contents; posting; inclusion of license number in certain documents; expiration; renewal. [Effective until the date of the repeal of 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 application for a license to operate a body shop must be filed with the department upon forms supplied by the department. The application must include the social security number of the applicant and be accompanied by such proof as the department requires to demonstrate that the applicant meets the statutory requirements to operate a body shop.

      2.  The department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers, body shops and garages.

      3.  Upon receipt of the application and the statement required pursuant to NRS 487.003 and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.

      4.  Upon receipt of the license, the operator shall post the license in a conspicuous place clearly visible to the general public in the body shop and include the license number on all estimates and invoices for repairs.

      5.  A license expires on April 30 of each year.

      6.  A licensee may renew his license by submitting to the department:

      (a) A completed application for renewal upon a form supplied by the department;

      (b) The statement required pursuant to NRS 487.003; and

      (c) The fee for renewal of a license provided in subsection 2.

      (Added to NRS by 1987, 1598; A 1989, 1002, 2024; 1991, 1779; 1997, 148, 1373, 1376, 1517, 2081)

update>> http://www.leg.state.nv.us/NRS/NRS-487.html#NRS487Sec610 

STATEMENT OF CHARGES FOR REPAIR OF AUTOMOBILE

NRS 487.035 Contents; presentation; penalty; liens.

      1.  If charges are made for the repair of a motor vehicle, the person making the charges shall present to the person requesting the repairs or the person entitled to possession of the motor vehicle a statement of the charges containing the following information:

      (a) The name and signature of the person authorizing or requesting the repairs;

      (b) A statement of the total charges;

      (c) An itemization and description of all parts used to repair the motor vehicle indicating the charges made for each part;

      (d) A statement of the charges made for labor; and

      (e) A description of all other charges.

      2.  Any person violating this section is guilty of a misdemeanor.

      3.  In the case of a motor vehicle registered in the State of Nevada, no lien for labor or materials provided under NRS 108.265 to 108.360, inclusive, may be enforced by sale or otherwise unless a statement as described in subsection 1 has been given by delivery in person or by certified mail to the last known address of the registered and the legal owner of the motor vehicle. In all other cases, such notice must be made to the last known address of the registered owner and any other person known to have or to claim an interest in the motor vehicle.

      4.  As used in this section, “motor vehicle” has the meaning ascribed to it in NRS 487.550.

update>> http://www.leg.state.nv.us/NRS/NRS-487.html 

NRS 597.490 Display of sign required; contents of sign; penalty.

      1.  Each garageman shall display conspicuously in those areas of his place of business frequented by persons seeking repairs on motor vehicles a sign, not less than 22 inches by 28 inches in size, setting forth in boldface letters the following:

STATE OF NEVADA

REGISTERED GARAGE

THIS GARAGE IS REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES 

NEVADA AUTOMOTIVE REPAIR CUSTOMER BILL OF RIGHTS

AS A CUSTOMER IN NEVADA:

YOU have the right to receive repairs from a business that is REGISTERED with the department of motor vehicles that will ensure the proper repair of your vehicle. (NRS 597.490)

YOU have the right to receive a WRITTEN ESTIMATE of charges for repairs made to your vehicle which exceed $50. (NRS 597.510)

YOU have the right to read and understand all documents and warranties BEFORE YOU SIGN THEM. (NRS 597.490)

YOU have the right to INSPECT ALL REPLACED PARTS and accessories that are covered by a warranty and for which a charge is made. (NRS 597.550)

YOU have the right to request that all replaced parts and accessories that are not covered by a warranty BE RETURNED TO YOU AT THE TIME OF SERVICE. (NRS 597.550)

YOU have the right to require authorization BEFORE any additional repairs are made to your vehicle if the charges for those repairs exceed 20% of the original estimate or $100, whichever is less. (NRS 597.520)

YOU have the right to receive a COMPLETED STATEMENT OF CHARGES for repairs made to your vehicle. (NRS 487.035)

YOU have the right to a FAIR RESOLUTION of any dispute that develops concerning the repair of your vehicle. (NRS 597.490)

FOR MORE INFORMATION PLEASE CONTACT:

THE DEPARTMENT OF BUSINESS AND INDUSTRY

CONSUMER AFFAIRS DIVISION

IN CLARK COUNTY: (702) 486-7355 

ALL OTHER AREAS TOLL-FREE: 1-800-326-5202

      2.  The sign required pursuant to the provisions of subsection 1 must include a replica of the great seal of the State of Nevada. The seal must be 2 inches in diameter and be centered on the face of the sign directly above the words “STATE OF NEVADA.”

      3.  Any person who violates the provisions of this section is guilty of a misdemeanor.

      (Added to NRS by 1975, 639; A 1999, 1893; 2001, 2630)

NRS 597.500 Duties of garageman on acceptance of vehicle for repair. Whenever any garageman accepts or assumes control of a motor vehicle for the purpose of making or completing any repair, he shall comply with the provisions of NRS 597.510 to 597.570, inclusive.

      (Added to NRS by 1975, 637)—(Substituted in revision for NRS 598.700)

NRS 597.510 Estimate of costs required for certain repairs.

      1.  Except as otherwise provided in NRS 597.530, a person requesting or authorizing the repair of a motor vehicle that is more than $50 must be furnished an estimate or statement signed by the person making the estimate or statement on behalf of the garageman, indicating the total charge for the performance of the work necessary to accomplish the repair, including the charge for labor and all parts and accessories necessary to perform the work.

      2.  If the estimate is for the purpose of diagnosing a malfunction, the estimate must include the cost of:

      (a) Diagnosis and disassembly; and

      (b) Reassembly, if the person does not authorize the repair.

      3.  The provisions of this section do not require a garageman to reassemble a motor vehicle if he determines that the reassembly of the motor vehicle would render the vehicle unsafe to operate.

      (Added to NRS by 1975, 637; A 1999, 1895)

NRS 597.520 Notice of additional charges over estimate required in certain cases. Except as otherwise provided in NRS 597.530, if it is determined that additional charges are required to perform the repair authorized, and those additional charges exceed, by 20 percent or $100, whichever is less, the amount set forth in the estimate or statement required to be furnished pursuant to the provisions of NRS 597.510, the garageman shall notify the person authorizing the repairs of the amount of those additional charges.

      (Added to NRS by 1975, 637; A 1999, 1895)

NRS 597.530 Waiver of estimate of costs or notice of additional charges; execution of waiver. The person authorizing the repairs may waive the estimate or statement required pursuant to the provisions of NRS 597.510 or the notification required by NRS 597.520 by executing a written waiver of that requirement or notification. The waiver must be executed by the person authorizing the repairs at the time he authorizes those repairs.

      (Added to NRS by 1975, 638; A 1999, 1895)

NRS 597.540 Duties of person authorizing repairs upon receipt of notice of additional charges.

      1.  A person authorizing repairs who has been notified of additional charges pursuant to NRS 597.520 shall:

      (a) Authorize the performance of the repair at the additional expense; or

      (b) Without delay, and upon payment of the authorized charges, take possession of the motor vehicle.

      2.  Until the election provided for in subsection 1 has been made, the garageman shall not undertake any repair which would involve such additional charges.

      3.  If the person elects to take possession of the motor vehicle but fails to take possession within a 24-hour period after such election, the garageman may charge for storage of the vehicle.

      (Added to NRS by 1975, 638)—(Substituted in revision for NRS 598.720)

NRS 597.550 Replaced parts to be delivered to person authorizing repairs if requested; exception.

      1.  Whenever the repair work performed on a motor vehicle requires the replacement of any parts or accessories, the garageman shall, at the request of the person authorizing the repairs or any person entitled to possession of the motor vehicle, deliver to such person all parts and accessories replaced as a result of the work done.

      2.  The provisions of subsection 1 do not apply to parts or accessories which must be returned to a manufacturer or distributor under a warranty arrangement or which are subject to exchange, but the customer on request is entitled to be shown such warranty parts for which a charge is made.

      (Added to NRS by 1975, 638)—(Substituted in revision for NRS 598.725)

NRS 597.560 Records to be retained by garageman. The garageman shall retain copies of any estimate, statement or waiver required by NRS 597.510 to 597.550, inclusive, as an ordinary business record of the garage, for a period of not less than 1 year from the date such estimate, statement or waiver is signed.

      (Added to NRS by 1975, 639)—(Substituted in revision for NRS 598.730)

NRS 597.570 Compliance with NRS 487.035 also required; enforcement of liens and contracts. In every instance where charges are made for the repair of a motor vehicle, the garageman making the repairs shall comply with the provisions of NRS 487.035 as well as the provisions of NRS 597.510 to 597.550, inclusive. He is not entitled to detain a motor vehicle by virtue of any common law or statutory lien, or otherwise enforce such lien, nor shall he have the right to sue on any contract for repairs made by him, unless he has complied with the requirements of NRS 597.510 to 597.550, inclusive, in addition to those of NRS 487.035.

      (Added to NRS by 1975, 639)—(Substituted in revision for NRS 598.735)

NRS 597.580 Violations: Injunctive relief. The attorney general or any district attorney may bring an action in any court of competent jurisdiction in the name of the State of Nevada on the complaint of the commissioner of consumer affairs or of any person allegedly aggrieved by such violation to enjoin any violation of the provisions of NRS 597.510 to 597.570, inclusive.

      (Added to NRS by 1975, 639)—(Substituted in revision for NRS 598.740)

NRS 597.590 Violations: Civil penalties. Any person who knowingly violates any provision of NRS 597.500 to 597.570, inclusive, is liable, in addition to any other penalty or remedy which may be provided by law, to a civil penalty of not more than $500 for each offense, which may be recovered by civil action on complaint of the commissioner of consumer affairs, the director of the department of business and industry or the district attorney.

      (Added to NRS by 1975, 639; A 1977, 307; 1985, 2260; 1993, 1800)—(Substituted in revision for NRS 598.745)

update>> http://www.leg.state.nv.us/NRS/NRS-597.html#NRS597Sec490 

Telemarketing laws

PRACTICE

NRS 599B.150 Association of salesman with more than one seller prohibited; seller to cooperate in investigations.

      1.  No salesman 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 him concerning an alleged violation of the provisions of this chapter by a salesman.

      (Added to NRS by 1989, 1385)

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

NRS 599B.170 Required disclosures by salesman; restrictions on representations regarding premiums.

      1.  During any solicitation or sales presentation made by him, or in any correspondence written in connection with a sale, a salesman shall:

      (a) Identify himself by stating his true name;

      (b) Identify the seller by whom he is employed; and

      (c) State the purpose of his call.

      2.  During any solicitation or sales presentation made by him, 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)

 

NRS 599B.180 Solicitation involving representation that consumer is or may be eligible to receive premium. Ifasellerexpresslyorimpliedlyrepresentstoanyconsumer, directlyorthroughasalesman, 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 may obtain, without cost, a written statement of the terms and conditions he must satisfy in order to receive the item. If the consumer so requests, the seller shall send him such a statement, by mail, without cost to the consumer.

      (Added to NRS by 1989, 1385; A 1995, 940)

NRS 599B.185 Required disclosures when registrant solicits sale of investments. If a registrant solicits the sale of investments or opportunities for investment, he 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 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)

 

NRS 599B.187 Requirements for use of chance promotion.

      1.  A registrant shall not use a chance promotion unless each consumer is entitled to participate in the promotion without charge or payment of any kind.

      2.  A registrant shall, before describing any item offered in a chance promotion, inform each consumer that he 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 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)

 

 NRS 599B.190 Issuance of refund or replacement of goods or services; notice to consumer.

      1.  Except as otherwise provided in subsection 3, a person who purchases goods or services or makes a donation pursuant to a solicitation governed by this chapter must be given a refund or replacement, at his 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 returns the unused goods, if any, or makes a written request for the refund or replacement within 30 days after he receives:

             (1) The goods or services; or

             (2) Any item described pursuant to NRS 599B.180,

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 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.

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)

NRS 599B.195 Delivery of goods or services must be accompanied by form. Each delivery of goods or services by a registrant must be accompanied by the form prescribed by the division pursuant to subsection 7 of NRS 599B.190.

      (Added to NRS by 1993, 2098)

 

NRS 599B.197 Recovery service: Performance required before charging or receiving money from consumer. A seller or salesman 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 salesman 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. A salesman 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)

update>> http://www.leg.state.nv.us/NRS/NRS-599B.html 

 

NRS 597.814 Use prohibited; exceptions; restrictions.

      1.  Except as otherwise provided in subsection 3 and NRS 597.816, a person shall not use a device for automatic dialing and announcing to disseminate a prerecorded message in a telephone call unless, before the message is disseminated, a recorded or unrecorded natural voice:

      (a) Informs the person who answers the telephone call of the nature of the call, including, without limitation, the fact that a device for automatic dialing and announcing will be used to disseminate the message if the person who answers the call remains on the line; and

      (b) Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, being represented by the caller.

      2.  A person shall not operate a device for automatic dialing and announcing to place:

      (a) A call that is received by a telephone located in this state during the period between 9 p.m. and 9 a.m.; or

      (b) A call-back or second call to the same telephone number, if a person at the telephone number terminated the original call.

      3.  This section does not prohibit the use of a device for automatic dialing and announcing to dial the number of and play a recorded message to a person with whom the person using the device or another person affiliated with the person using the device has a preexisting business relationship.

      (Added to NRS by 1989, 79; A 1999, 3332)—(Substituted in revision for NRS 597.930)

 

 NRS 597.816 Additional exceptions to prohibition of use. The provisions of NRS 597.814 do not prohibit the use of a device for automatic dialing and announcing by any person exclusively on behalf of:

      1.  A school or school district to contact the parents or guardians of a pupil regarding the attendance of the pupil or regarding other business of the school or school district.

      2.  A nonprofit organization.

      3.  A company that provides cable television services to contact its customers regarding a previously arranged installation of such services at the premises of the customer.

      4.  A public utility to contact its customers regarding a previously arranged installation of utility services at the premises of the customer.

      5.  A facility that processes or stores petroleum, volatile petroleum products, natural gas, liquefied petroleum gas, combustible chemicals, explosives, high-level radioactive waste or other dangerous substances to advise local residents, public service agencies and news media of an actual or potential life-threatening emergency.

      6.  A state or local governmental agency, or a private entity operating under contract with and at the direction of such an agency, to provide:

      (a) Information relating to public safety;

      (b) Information relating to a police or fire emergency; or

      (c) A warning of an impending or threatening emergency.

      7.  A candidate for public office, committee advocating the passage or defeat of a ballot question, political party, committee sponsored by a political party or a committee for political action.

update>> http://www.leg.state.nv.us/NRS/NRS-597.html#NRS597Sec814 

Home Sales Act

We have not found any law yet. 

Licensing Adjusters

NRS 686A.340 Engaging in business of company without license prohibited. Except as provided in NRS 686A.350, a person shall not engage in the business of a company or hold himself out as a company without first having received a license from the commissioner to engage in the business of a company.

      (Added to NRS by 1985, 1154)

NRS 686A.350 Exemptions from requirement of licensing.

      1.  A license to engage in the business of a company is not required of any:

      (a) State or federally chartered building association or savings and loan association.

      (b) State or federally chartered bank.

      (c) State or federally chartered credit union.

      (d) Thrift company licensed pursuant to chapter 677 of NRS.

      (e) Insurance agent financing his own accounts.

      (f) Insurer authorized to do business in this state financing its own policies or those of an affiliated company.

      (g) Business, in addition to those included in paragraphs (a) to (d), inclusive, which is licensed and regulated by the division of financial institutions of the department of business and industry.

      2.  The provisions of NRS 686A.330 to 686A.520, inclusive, other than those which concern licensing, apply to persons exempt from licensing pursuant to subsection 1.

      (Added to NRS by 1985, 1154; A 1993, 1917)

 NRS 686A.360 Application for license.

      1.  An application for a license to engage in the business of a company must be filed with the commissioner on a form prescribed by him and must include:

      (a) A nonrefundable fee for application and for investigation of the applicant of $500;

      (b) A surety bond payable to the State of Nevada in the amount of $50,000, executed by a surety company which is authorized to do business in Nevada;

      (c) A current certified financial statement or another financial statement if individually approved by the commissioner;

      (d) An appointment of the commissioner and his successors in office as the applicant’s attorney to receive service of process; and

      (e) If the applicant is a corporation, a copy of its articles of incorporation.

      2.  The applicant shall provide the commissioner with any material change concerning information contained in the application within 10 days after the change occurs.

more>> http://www.leg.state.nv.us/NRS/NRS-686A.html#NRS686ASec340 

Diminished Value

We have not found any law yet.