1. If an individual voids an agreement pursuant to subsection 2 of NRS 676A.610, the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except amounts paid to creditors, in addition to the recovery under paragraphs (c) and (d) of subsection 3.
2. If an individual voids an agreement pursuant to subsection 1 of NRS 676A.610, the individual may recover in a civil action three times the total amount of the fees, charges, money and payments made by the individual to the provider, in addition to the recovery under paragraph (d) of subsection 3.
3. Subject to subsection 4, an individual with respect to whom a provider violates this chapter may recover in a civil action from the provider and any person that caused the violation:
(a) Compensatory damages for injury, including, without limitation, noneconomic injury, caused by the violation;
(b) Except as otherwise provided in subsection 4 and subject to adjustment of the dollar amount pursuant to subsection 6 of NRS 676A.730, with respect to a violation of NRS 676A.520, 676A.540 to 676A.590, inclusive, or 676A.630 or subsection 1, 2 or 5 of NRS 676A.700, the greater of the amount recoverable under paragraph (a) or $5,000;
(c) Punitive damages; and
(d) Reasonable attorney’s fees and costs.
4. In a class action, except for a violation of paragraph (e) of subsection 1 of NRS 676A.700, the minimum damages provided in paragraph (b) of subsection 3 do not apply.
5. In addition to the remedy available under subsection 3, if a provider violates an individual’s rights under NRS 676A.550, the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except for amounts paid to creditors.
6. A provider is not liable under this section for a violation of this chapter if the provider proves that the violation was not intentional and resulted from a good faith error notwithstanding the maintenance of procedures reasonably adapted to avoid the error. An error of legal judgment with respect to a provider’s obligations under this chapter is not a good faith error. If, in connection with a violation, the provider has received more money than authorized by an agreement or this chapter, the defense provided by this subsection is not available unless the provider refunds the excess within 2 business days after learning of the violation.
7. The Commissioner shall assist an individual in enforcing a judgment against the surety bond or other security provided under NRS 676A.390 or 676A.400.
(Added to NRS by 2009, 1996)
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.