1. The Commissioner may enforce this chapter and regulations adopted under this chapter by taking one or more of the following actions:
(a) Ordering a provider or a director, employee or other agent of a provider to cease and desist from any violations;
(b) Ordering a provider or a person that has caused a violation to correct the violation, including, without limitation, making restitution of money or property to a person aggrieved by a violation;
(c) Subject to adjustment of the dollar amount pursuant to subsection 6 of NRS 676A.730, imposing on a provider or a person that has caused a violation a civil penalty not to exceed $10,000 for each violation;
(d) Prosecuting a civil action to:
(1) Enforce an order; or
(2) Obtain restitution or an injunction or other equitable relief, or both; or
(e) Intervening in an action brought under NRS 676A.760.
2. Subject to adjustment of the dollar amount pursuant to subsection 6 of NRS 676A.730, if a person violates or knowingly authorizes, directs or aids in the violation of a final order issued under paragraph (a) or (b) of subsection 1, the Commissioner may impose a civil penalty not to exceed $20,000 for each violation.
3. The Commissioner may maintain an action to enforce this chapter in any county.
4. The Commissioner may recover the reasonable costs of enforcing this chapter under subsections 1, 2 and 3, including, without limitation, attorney’s fees based on the hours reasonably expended and the hourly rates for attorneys of comparable experience in the community.
5. In determining the amount of a civil penalty to impose under subsection 1 or 2, the Commissioner shall consider the seriousness of the violation, the good faith of the violator, any previous violations by the violator, the deleterious effect of the violation on the public, the net worth of the violator and any other factor the Commissioner considers relevant to the determination of the civil penalty.
(Added to NRS by 2009, 1995)
Structure Nevada Revised Statutes
Chapter 676A - Uniform Debt-Management Services Act
NRS 676A.030 - "Affiliate" defined.
NRS 676A.040 - "Agreement" defined.
NRS 676A.050 - "Bank" defined.
NRS 676A.060 - "Business address" defined.
NRS 676A.070 - "Certified counselor" defined.
NRS 676A.080 - "Certified debt specialist" defined.
NRS 676A.090 - "Commissioner" defined.
NRS 676A.100 - "Concessions" defined.
NRS 676A.110 - "Credit counseling" defined.
NRS 676A.130 - "Debt-management plan" defined.
NRS 676A.140 - "Debt-management services" defined.
NRS 676A.150 - "Debt settlement services" defined.
NRS 676A.160 - "Entity" defined.
NRS 676A.170 - "Good faith" defined.
NRS 676A.180 - "Person" defined.
NRS 676A.190 - "Plan" defined.
NRS 676A.200 - "Principal amount of the debt" defined.
NRS 676A.210 - "Provider" defined.
NRS 676A.220 - "Record" defined.
NRS 676A.230 - "Settlement fee" defined.
NRS 676A.240 - "Sign" defined.
NRS 676A.250 - "State" defined.
NRS 676A.260 - "Trust account" defined.
NRS 676A.280 - Uniformity of application and construction.
NRS 676A.290 - Relation to Electronic Signatures in Global and National Commerce Act.
NRS 676A.300 - Registration required.
NRS 676A.310 - Application for registration: Form; contents; fee; bond; evidence of insurance.
NRS 676A.330 - Duty to report changes in information.
NRS 676A.390 - Surety bond required.
NRS 676A.400 - Substitute for surety bond.
NRS 676A.500 - Provider to act in good faith; fiduciary duty.
NRS 676A.510 - Provider to maintain toll-free communication system.
NRS 676A.520 - Duties of provider before providing debt-management services.
NRS 676A.550 - Cancellation of agreement.
NRS 676A.580 - Fees or charges: Restrictions.
NRS 676A.590 - Voluntary contributions: Restrictions.
NRS 676A.600 - Required disclosures by provider.
NRS 676A.610 - Agreement voidable by individual in certain circumstances.
NRS 676A.620 - Provider may terminate agreement for nonpayment.
NRS 676A.630 - Provider to provide accounting periodically and upon request; retention of records.
NRS 676A.700 - Prohibited acts.
NRS 676A.710 - Provider to notify Commissioner of civil actions.
NRS 676A.720 - Provider liable for conduct of person to whom it delegates duties.
NRS 676A.740 - Commissioner to enforce chapter; penalties.
NRS 676A.750 - Suspension, revocation or denial of renewal of registration by Commissioner.
NRS 676A.760 - Civil remedies.
NRS 676A.770 - Violation constitutes deceptive trade practice.