1. A testimonial, endorsement, appraisal or analysis used in an advertisement must be genuine, represent the present opinion of the author, apply to the viatical settlement or agreement to purchase a viatical settlement advertised, if any, and be reproduced with sufficient completeness to avoid misleading viators or purchasers of viatical settlements. In using a testimonial, endorsement, appraisal or analysis, a licensee under this chapter makes the statements contained therein the licensee’s own, and the statements must satisfy the requirements of NRS 688C.350 to 688C.430, inclusive.
2. If the person making a testimonial, endorsement, appraisal or analysis has a financial interest in the provider of viatical settlements or a related organization, or receives a benefit other than required wages, that fact must be prominently disclosed in the advertisement.
3. An advertisement may not state or imply that a benefit or service related to a viatical settlement or an agreement to purchase a viatical settlement has been approved or endorsed by a group, society or other organization unless that is the fact and any relationship between the organization and the provider of viatical settlements is disclosed. If the organization is owned, controlled or managed by the provider, or receives any payment or other consideration from the provider for making the endorsement or testimonial, that fact must be disclosed in the advertisement.
4. An advertisement may not contain statistical information unless it accurately reflects recent and relevant facts. The source of all statistics used in an advertisement must be identified.
5. If an endorsement refers to benefits received under a viatical settlement or an agreement to purchase a viatical settlement, all information pertinent to that endorsement must be retained for a period of 5 years after the use of the endorsement.
(Added to NRS by 2001, 2175; A 2009, 1803)
Structure Nevada Revised Statutes
Chapter 688C - Viatical Settlements
NRS 688C.020 - "Advertising" defined.
NRS 688C.030 - "Broker of viatical settlements" defined.
NRS 688C.040 - "Business of viatical settlements" defined.
NRS 688C.050 - "Chronically ill" defined.
NRS 688C.060 - "Financing agent" defined.
NRS 688C.070 - "Policy" defined.
NRS 688C.080 - "Provider of viatical settlements" defined.
NRS 688C.090 - "Purchaser of viatical settlements" defined.
NRS 688C.095 - "Rescission period" defined.
NRS 688C.100 - "Special organization" defined.
NRS 688C.110 - "Terminally ill" defined.
NRS 688C.130 - "Viatical settlement" defined.
NRS 688C.133 - "Viatical settlement investment" defined.
NRS 688C.137 - "Viatical settlement purchase agreement" defined.
NRS 688C.140 - "Viaticated policy" defined.
NRS 688C.150 - "Viator" defined.
NRS 688C.175 - Applicability of other provisions.
NRS 688C.180 - Examinations and investigations by Commissioner.
NRS 688C.220 - Filing and approval of forms; submission of advertising material.
NRS 688C.240 - Retention of records and documents by licensee.
NRS 688C.266 - Form of certain disclosures.
NRS 688C.275 - Restrictions on business of broker and provider of viatical settlements.
NRS 688C.300 - Rescission of viatical settlement.
NRS 688C.320 - Confidentiality of medical information solicited or obtained by licensee.
NRS 688C.350 - Applicability and interpretation of provisions.
NRS 688C.390 - Use of testimonial, endorsement, appraisal, analysis or statistical information.
NRS 688C.400 - Prohibited disparagement.
NRS 688C.450 - Felonious acts.
NRS 688C.460 - Provision to Commissioner of information regarding felonious acts.