1. If upon investigation it appears that a collection agency is conducting its business in violation of this chapter or the regulations adopted by the Commissioner, or when it appears that any person is engaging in the business of a collection agency without being licensed under the provisions of this chapter, the Commissioner may:
(a) Advise the district attorney of the county in which the business is conducted, and the district attorney shall cause the appropriate legal action to be taken to enjoin the operation of the business or prosecute the violations of this chapter; or
(b) Bring suit in the name and on behalf of the State of Nevada against such a person and any other person concerned in or in any way participating in or about to participate in such unsafe or injurious practices or action in violation of this chapter or the regulations adopted by the Commissioner to enjoin any such person from continuing or engaging in such practices or doing any such act.
2. If the Commissioner brings suit, the district court of any judicial district may grant injunctions to prevent and restrain such practices or transactions. The court may, during the pendency of the proceedings before it, issue such temporary restraining orders as may appear to be just and proper. The findings of the Commissioner shall be deemed to be prima facie evidence and sufficient grounds, in the discretion of the court, for the issue ex parte of a temporary restraining order. In any such proceedings the Commissioner may apply for and on due showing is entitled to have issued the court’s subpoena requiring forthwith the appearance of any defendant and his or her employees and the production of such documents, books and records as appear necessary for the hearing of the petition, to testify and give evidence concerning the acts or conduct or things complained of in the application for an injunction.
(Added to NRS by 1987, 1507)
Structure Nevada Revised Statutes
Chapter 649 - Collection Agencies
NRS 649.010 - "Claim" defined.
NRS 649.020 - "Collection agency" defined.
NRS 649.025 - "Collection agent" defined.
NRS 649.026 - "Commissioner" defined.
NRS 649.030 - "Customer" defined.
NRS 649.035 - "Manager" defined.
NRS 649.036 - "Medical debt" defined.
NRS 649.037 - "Medical debtor" defined.
NRS 649.038 - "Medical facility" defined.
NRS 649.041 - "Provider of emergency medical services" defined.
NRS 649.042 - "Provider of health care" defined.
NRS 649.045 - Legislative finding and declaration.
NRS 649.051 - Administration and enforcement of chapter.
NRS 649.057 - Investigations and hearings.
NRS 649.059 - Approval of printed forms.
NRS 649.075 - License required; exception.
NRS 649.085 - Qualifications of applicant for license.
NRS 649.105 - Bond or substitute security required; amount and conditions; adjustments in amount.
NRS 649.119 - Deposit as substitute for bond.
NRS 649.125 - Investigation by Commissioner.
NRS 649.135 - Order approving application; findings.
NRS 649.145 - Conditions for issuance of license; contents of license.
NRS 649.155 - Order denying application; notice of denial.
NRS 649.165 - Rights of licensee.
NRS 649.175 - Manager’s certificate required.
NRS 649.205 - Examination; reexamination; regulations.
NRS 649.215 - Grounds for refusing examination or suspending or revoking certificate.
NRS 649.225 - Issuance of certificate; notice of manager’s change of residence address.
NRS 649.295 - Amounts; deposit; regulations.
NRS 649.297 - Fee for failure to submit reports; regulations.
NRS 649.300 - Payment of assessment; cooperation with audits and examinations.
NRS 649.305 - Collection agency not to operate without manager.
NRS 649.315 - Display of license or certificate.
NRS 649.325 - Change of location of business.
NRS 649.331 - Recording of telephone conversations.
NRS 649.332 - Verification of debt.
NRS 649.3345 - Withdrawal of claim by customer.
NRS 649.335 - Retention and examinations of records and accounts.
NRS 649.355 - Business ethics and practices; trust accounts.
NRS 649.368 - Collection of medical debt: Prohibited practices.
NRS 649.369 - Collection of medical debt: Protections may not be waived.
NRS 649.370 - Violation of federal Fair Debt Collection Practices Act.
NRS 649.375 - Prohibited practices generally.