As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 598C.020
to 598C.105 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1993, 2459; A 2005, 1524 )
1. “Adverse action” includes:
(a) The denial of, increase in any charge for or reduction in the
amount of insurance for personal, family or household purposes;
(b) The denial of employment or any other decision for employment
purposes that adversely affects a current or prospective employee; and
(c) An action or determination with respect to a consumer’s
application for credit that is adverse to the interests of the consumer.
2. The term does not include:
(a) A refusal to extend additional credit under an existing credit
arrangement if:
(1) The applicant is delinquent or otherwise in default with
respect to the arrangement; or
(2) The additional credit would exceed a previously
established credit limit; or
(b) A refusal or failure at the point of sale to authorize a
specific transaction on an existing account.
(Added to NRS by 1993, 2459)
“Commissioner” means the
Commissioner of Consumer Affairs.
(Added to NRS by 1993, 2460)
“Consumer” means a person who
uses economic goods.
(Added to NRS by 1993, 2460)
“Consumer credit” means
credit granted to a natural person to finance the purchase of goods that
directly satisfy human wants or to defray personal or family expenses.
(Added to NRS by 1993, 2460)
1. “Consumer report” means any communication, written or oral, by
a reporting agency regarding the payment history of a particular
consumer, including information regarding his credit worthiness, credit
standing or credit capacity, which is intended for present or future use
in whole or in part to serve as a factor in determining the consumer’s
eligibility for:
(a) Credit or insurance to be used primarily for personal, family
or household purposes;
(b) Purposes relating to employment; or
(c) Any other purpose authorized pursuant to 15 U.S.C. §§ 1681 et
seq.
2. The term does not include:
(a) A report containing information solely as to transactions or
experiences between the consumer and the person making the report;
(b) An authorization or approval of a specific extension of credit
directly or indirectly by the issuer of a credit card or similar device;
(c) A report in which a person who has been requested by a third
party to make a specific extension of credit directly or indirectly to a
consumer conveys his decision with respect to the request, if the third
party advises the consumer of the name and address of the person to whom
the request was made and the person makes the disclosures required
pursuant to NRS 598C.170 ;
(d) A report solely conveying a decision whether to guarantee a
check in response to a request by a third party; or
(e) A report created or issued by or to a person licensed pursuant
to chapter 463 of NRS relating to any
extension of credit by the licensee.
(Added to NRS by 1993, 2460)
“File” includes all of the
information on the consumer which is recorded and retained by a reporting
agency regardless of how the information is stored.
(Added to NRS by 1993, 2460)
“Medical information”
means information or records relating to medical treatment or condition
which is obtained from a licensed provider of health care or medical
facility.
(Added to NRS by 1993, 2460)
“Person” includes a governmental
entity.
(Added to NRS by 1993, 2460)
1. “Reporting agency” means a person who, for fees, dues or on a
cooperative nonprofit basis, regularly engages in whole or in part in the
business of assembling or evaluating information regarding the credit of
or other information regarding consumers to furnish consumer reports to
third parties, regardless of the means or facility of commerce used to
prepare or furnish the consumer reports.
2. The term does not include:
(a) A person solely for the reason that he conveys a decision
regarding whether to guarantee a check in response to a request by a
third party;
(b) A person who obtains or creates a consumer report and provides
the report or information contained in it to a subsidiary or affiliate; or
(c) A person licensed pursuant to chapter 463 of NRS.
(Added to NRS by 1993, 2460)
“Security freeze” means a
notice that is placed in the file of a consumer at the request of the
consumer pursuant to NRS 598C.300 .
(Added to NRS by 2005, 1519 )
GENERAL RIGHTS AND OBLIGATIONS
A reporting agency:
1. Shall include with any written disclosure to a consumer a
summary of his rights under this chapter.
2. Shall not include medical information in its files.
3. Shall include in any consumer report information concerning a
consumer’s delinquency in paying support for a child, to the extent that
this information is provided in a format acceptable to the reporting
agency by the Division of Welfare and Supportive Services of the
Department of Health and Human Services or from the district attorney of
the county in which the consumer resides or resided when the delinquency
occurred.
(Added to NRS by 1993, 2461)
A person shall not procure a
consumer report to resell or disclose the report or the information
contained in the report unless the person discloses to the reporting
agency which originally furnished the report:
1. The identity of the intended ultimate user of the report or
information; and
2. The only purposes for which the information will be used.
(Added to NRS by 1993, 2461)
Upon request and information sufficient to identify a consumer, a
reporting agency shall:
1. Clearly and accurately disclose to the consumer the nature and
substance of the consumer report in its files which relates to him at the
time of the request, and disclose the names of the institutional sources
of information. If the consumer requests, the reporting agency shall
provide a readable copy of the consumer report.
2. Disclose the name of each person who has received from the
reporting agency information concerning him:
(a) Within the preceding 2 years for purposes of employment,
promotion, reassignment or retention as an employee; or
(b) Within the preceding 6 months for any other purpose.
(Added to NRS by 1993, 2461)
1. A reporting agency may furnish a consumer report concerning a
consumer for an extension of credit which he did not initiate only if:
(a) The contemplated transaction represents a firm offer of credit
to those consumers who meet specific criteria determined by the person; or
(b) He has not requested that his name and address be excluded from
any list to be provided for such a purpose.
2. This section does not prohibit a reporting agency from
furnishing information to review an account or collect an account if
there is an existing business relationship or the account has been
assigned to a third party for collection.
3. As used in this section, “firm offer of credit” means an offer
of credit based on a consumer report provided by the reporting agency,
either directly to the creditor or through a third party, that cannot be
rescinded or changed by the creditor unless the information provided by
the reporting agency has materially changed as of the time the creditor
received the accepted offer and the creditor is able to revoke the
accepted offer or renew the offer on different terms.
(Added to NRS by 1993, 2461)
A reporting agency shall
periodically purge from its files and after purging shall not disclose:
1. Bankruptcies whose dates of adjudication precede the report by
more than 10 years. A report of adjudication must include, if known, the
chapter of Title 11 of the United States Code under which the case arose.
2. Except as otherwise provided by a specific statute, any other
civil judgment, a report of criminal proceedings, or other adverse
information which precedes the report by more than 7 years.
(Added to NRS by 1993, 2462)
1. If a consumer disputes the accuracy of any information in the
files of a reporting agency which relates to him, and the reporting
agency is made aware of the dispute by him, the reporting agency shall,
within 5 business days after becoming aware of the dispute, notify any
institutional sources of the information and, as soon as is reasonably
possible but not later than 30 days, complete a reinvestigation of the
accuracy of the information unless the dispute is determined by the
reporting agency to be frivolous or irrelevant.
2. If the reporting agency concludes that the dispute is frivolous
or irrelevant, it shall so notify the consumer. If it determines that the
information is incorrect or can no longer be verified, it shall correct
its files accordingly and notify the consumer.
3. No information deleted pursuant to this section may be
reinserted unless:
(a) The person furnishing the information uses reasonable
procedures to ensure the maximum possible accuracy of the information; and
(b) The reporting agency notifies the consumer within 5 business
days after the reinsertion and offers him the opportunity to add to its
file his own brief statement disputing or adding to the information.
(Added to NRS by 1993, 2462)
If a person takes
adverse action with respect to a consumer which is based on a consumer
report from a reporting agency, the person shall:
1. Notify the consumer of the action taken;
2. Furnish him with the name and address of the reporting agency;
and
3. Inform him of his right to obtain a copy of the consumer report
from the agency.
(Added to NRS by 1993, 2462)
ADMINISTRATION AND ENFORCEMENT
1. The provisions of this chapter must be administered by the
Commissioner of Consumer Affairs.
2. The Attorney General shall provide opinions for the
Commissioner on all questions of law relating to the construction,
interpretation or administration of this chapter.
3. The Attorney General shall represent the Division in any action
or proceeding brought by or against the Commissioner pursuant to any of
the provisions of this chapter.
(Added to NRS by 1993, 2462)
If a reporting agency or
user of information willfully fails to comply with any provision of this
chapter with respect to any consumer, the reporting agency is liable to
that consumer in an amount equal to the sum of:
1. Any actual damages sustained by the consumer as a result of the
violation;
2. Such amount of punitive damages as the court may allow; and
3. The costs of the action plus reasonable attorney’s fees.
(Added to NRS by 1993, 2462)
If a reporting
agency or user of information negligently fails to comply with any
provision of this chapter with respect to any consumer, the reporting
agency is liable to that consumer in an amount equal to the sum of:
1. Any actual damages sustained by the consumer as a result of the
violation; and
2. The costs of the action plus reasonable attorney’s fees.
(Added to NRS by 1993, 2463)
SECURITY FREEZES
1. A consumer may place a security freeze in his file by making a
request in writing by certified mail to the reporting agency. At the time
of the request, the consumer must provide to the reporting agency
sufficient identification to establish the identity of the consumer.
2. A reporting agency shall place a security freeze in the file of
a consumer not later than 5 business days after the reporting agency
receives a request from the consumer to place the security freeze in his
file.
3. Not later than 10 business days after the placement of the
security freeze in the file of the consumer, the reporting agency shall
send written confirmation to the consumer of the placement of the
security freeze in his file and provide the consumer with:
(a) A unique personal identification number or password, which is
not the social security number of the consumer, to be used by the
consumer to authorize the temporary release of the consumer report
pursuant to NRS 598C.350 or the
removal of a security freeze from the file pursuant to NRS 598C.360
;
(b) Information explaining the procedures by which a consumer may
contact the reporting agency to authorize the temporary release of his
consumer report pursuant to NRS 598C.350 or the removal of a security freeze from his
file pursuant to NRS 598C.360 ; and
(c) The written disclosure required pursuant to NRS 598C.310 .
4. A consumer may request in writing a replacement personal
identification number or password. At the time of the request, the
consumer must provide to the reporting agency sufficient identification
to establish the identity of the consumer. Not later than 10 business
days after receiving the request, the reporting agency shall provide the
consumer with a new, unique personal identification number or password,
which is not the social security number of the consumer, to be used by
the consumer instead of the number or password that was provided pursuant
to paragraph (a) of subsection 3.
5. Except as otherwise provided in NRS 598C.350 , 598C.360 and 598C.370 , a reporting agency shall not remove a
security freeze placed in the file of a consumer.
6. The presence of a security freeze in the file of a consumer must
not be considered to be an adverse factor in the consumer’s credit
worthiness, credit standing or credit capacity.
(Added to NRS by 2005, 1519 )
If a consumer requests that a security freeze be
placed in his file, a reporting agency shall provide a written disclosure
of the rights of the consumer. The written disclosure is sufficient if it
is in substantially the following form:
You have a right to place a security freeze in your file which
will prohibit a reporting agency from releasing any information in your
file without your express authorization. A security freeze must be
requested in writing by certified mail. The security freeze is designed
to prevent a reporting agency from releasing your consumer report without
your consent. However, you should be aware that using a security freeze
to take control over who is allowed access to the personal and financial
information in your file may delay, interfere with or prohibit the timely
approval of any subsequent request or application you make regarding a
new loan, credit, mortgage, insurance, government services or payments,
rental housing, employment, investment, license, cellular telephone,
utilities, digital signature, Internet credit card transaction or other
services, including an extension of credit at point of sale. When you
place a security freeze in your file, you will be provided a personal
identification number or password to use if you choose to remove the
security freeze from your file or to authorize the temporary release of
your consumer report for a specific person or period after the security
freeze is in place. To provide that authorization, you must contact the
reporting agency and provide all the following:
1. Sufficient identification to verify your identity.
2. Your personal identification number or password provided by
the reporting agency.
3. A statement that you choose to remove the security freeze from
your file or that you authorize the reporting agency to temporarily
release your consumer report. If you authorize the temporary release of
your consumer report, you must name the person who is to receive your
consumer report or the period for which your consumer report must be
available.
A reporting agency must remove the security freeze from your file
or authorize the temporary release of your consumer report not later than
3 business days after receiving the above information.
A security freeze does not apply to certain persons, including a
person, or collection agencies acting on behalf of a person, with whom
you have an existing account that requests information in your consumer
report for the purposes of reviewing or collecting the account.
(Added to NRS by 2005, 1520 )
1. Except as otherwise provided in this section:
(a) A reporting agency may charge a consumer a reasonable fee, not
to exceed $15, to place a security freeze in his file.
(b) After a security freeze has been placed in the file of a
consumer, a reporting agency may charge the consumer a reasonable fee:
(1) Not to exceed $18, to remove the security freeze from
his file pursuant to NRS 598C.360 .
(2) Not to exceed $18, to temporarily release his consumer
report for a specific period pursuant to NRS 598C.350 .
(3) Not to exceed $20, to temporarily release his consumer
report to a specific person pursuant to NRS 598C.350 .
2. A reporting agency may not charge a consumer the fees set forth
in subsection 1 to place a security freeze in his file, to temporarily
release his consumer report for a specific period or to a specific
person, or to remove a security freeze from his file if the consumer is a
victim of identity theft and the consumer submits, at the time the
security freeze is requested, a valid copy of a police report,
investigative report or complaint which the consumer has filed with a law
enforcement agency regarding the unlawful use of the personal information
of the consumer by another person.
3. On January 1 of each year, a reporting agency may increase the
fees set forth in subsection 1 based proportionally on changes to the
Consumer Price Index of All Urban Consumers, as determined by the United
States Department of Labor, with fractional changes rounded to the
nearest 25 cents.
(Added to NRS by 2005, 1520 )
1. After a security freeze has been placed in the file of a
consumer, a reporting agency shall not make any changes to the file of
the consumer relating to:
(a) The name of the consumer;
(b) The date of birth of the consumer;
(c) The social security number of the consumer; or
(d) The address of the consumer,
Ê unless the reporting agency sends written confirmation of the change to
the consumer not later than 30 calendar days after the change is posted
to the file of the consumer.
2. If the reporting agency changes the address of the consumer,
the reporting agency must send written confirmation of the change of
address to both the new address and the former address of the consumer.
3. The provisions of this section do not require a reporting
agency to send written confirmation to a consumer concerning technical
corrections made by the reporting agency to information in the file of
the consumer, including, without limitation, technical corrections
involving the abbreviation of a name or street, the transposition of
numbers or letters, or the misspelling of a word.
(Added to NRS by 2005, 1521 )
1. Except as otherwise provided in NRS 598C.350 to 598C.380 , inclusive, if a security freeze has been
placed in the file of a consumer, a reporting agency shall not provide a
consumer report of that consumer to any person.
2. If, in connection with an application for credit or any other
use, a third party requests access to a consumer report on which a
security freeze is in effect and the consumer does not allow his consumer
report to be accessed for that specific third party or period of time,
the third party may treat the application as incomplete.
(Added to NRS by 2005, 1521 )
1. To authorize the temporary release of a consumer report after a
security freeze has been placed in the file of the consumer, the consumer
must contact the reporting agency and request that his consumer report be
temporarily released to a specific person or for a specific period. At
the time of the request, the consumer must provide to the reporting
agency:
(a) Sufficient identification to establish the identity of the
consumer;
(b) The personal identification number or password provided by the
reporting agency pursuant to paragraph (a) of subsection 3 of NRS
598C.300 ; and
(c) Information regarding the specific person or the specific
period for which the consumer report must be temporarily released.
2. A reporting agency that receives a request from a consumer
pursuant to subsection 1 shall, not later than 3 business days after
receiving the request, temporarily release the consumer report to the
specific person or for the specific period requested by the consumer.
3. A reporting agency shall develop procedures for a consumer to
contact the reporting agency to authorize the temporary release of his
consumer report pursuant to subsection 1. These procedures may include,
without limitation, the use of the telephone, facsimile machine, the
Internet or other electronic media by a consumer to authorize the
temporary release of his consumer report in an expedited manner.
(Added to NRS by 2005, 1522 )
1. To authorize the removal of a security freeze that has been
placed in the file of a consumer, the consumer must contact the reporting
agency and request that the security freeze be removed. At the time of
the request, the consumer must provide to the reporting agency:
(a) Sufficient identification to establish the identity of the
consumer; and
(b) The personal identification number or password provided by the
reporting agency pursuant to paragraph (a) of subsection 3 of NRS
598C.300 .
2. A reporting agency that receives a request from a consumer
pursuant to subsection 1 shall, not later than 3 business days after
receiving the request:
(a) Remove the security freeze from the file of the consumer; and
(b) Send written notice to the consumer that the security freeze
has been removed from the file of the consumer.
3. A reporting agency shall develop procedures for a consumer to
contact the reporting agency to authorize the removal of a security
freeze pursuant to subsection 1. These procedures may include, without
limitation, the use of a telephone, a facsimile machine, the Internet or
other electronic media by a consumer to authorize the removal of a
security freeze in an expedited manner.
(Added to NRS by 2005, 1522 )
1. A reporting agency may remove a security freeze from the file
of a consumer if the reporting agency has a reasonable belief that:
(a) The security freeze was placed in the file of the consumer
because of a material misrepresentation of fact by the consumer; or
(b) The consumer placed the security freeze in his file for the
purposes of:
(1) Committing fraud;
(2) Committing any other act prohibited by law; or
(3) Aiding and abetting any act prohibited by law.
2. If a reporting agency intends to remove a security freeze from
the file of a consumer pursuant to subsection 1, the reporting agency
shall send written notice to the consumer before removing the security
freeze.
(Added to NRS by 2005, 1522 )
Notwithstanding that a security freeze has been
placed in the file of a consumer, a reporting agency may release the
consumer report of the consumer to:
1. A person with whom the consumer has an existing business
relationship, or the subsidiary, affiliate or agent of that person, for
any purpose relating to that business relationship.
2. A licensed collection agency to which an account of the
consumer has been assigned for the purposes of collection.
3. A person with whom the consumer has an account or contract or
to whom the consumer has issued a negotiable instrument, or the
subsidiary, affiliate, agent, assignee or prospective assignee of that
person, for purposes relating to that account, contract or negotiable
instrument.
4. A person seeking to use information in the file of the consumer
for the purposes of prescreening pursuant to the Fair Credit Reporting
Act, 15 U.S.C. §§ 1681 et seq.
5. A subsidiary, affiliate, agent, assignee or prospective
assignee of a person to whom access has been granted pursuant to NRS
598C.350 for the purposes of
facilitating the extension of credit.
6. A person seeking to provide the consumer with a copy of the
consumer report or the credit score of the consumer upon the request of
the consumer.
7. A person administering a credit file monitoring subscription
service to which the consumer has subscribed.
8. A person requesting the consumer report pursuant to a court
order, warrant or subpoena.
9. A federal, state or local governmental entity, agency or
instrumentality that is acting within the scope of its authority,
including, without limitation, an agency which is seeking to collect
child support payments pursuant to Part D of Title IV of the Social
Security Act, 42 U.S.C. §§ 651 et seq.
10. A person holding a license issued by the Nevada Gaming
Commission pursuant to title 41 of NRS, or the subsidiary, affiliate,
agent, assignee or prospective assignee of that person, for purposes
relating to any activities conducted pursuant to the license.
11. An employer, or the subsidiary, affiliate, agent, assignee or
prospective assignee of that employer, for purposes of:
(a) Preemployment screenings relating to the consumer; or
(b) Decisions or investigations relating to the consumer’s current
or former employment with the employer.
(Added to NRS by 2005, 1523 )
The following companies are not required to place a
security freeze in the file of a consumer:
1. A check services or fraud prevention services company which
issues reports on incidents of fraud or authorizations for the purpose of
approving or processing negotiable instruments, electronic funds
transfers or similar methods of payments.
2. A deposit account information service company which issues
reports regarding account closures because of fraud, substantial
overdrafts, abuse of automatic teller machines or similar negative
information regarding a consumer to inquiring banks or other financial
institutions for use only in reviewing a consumer request for a deposit
account at the inquiring bank or financial institution.
3. A reporting agency which acts only as a reseller of credit
information by assembling and merging information contained in the
database of another reporting agency or in the databases of multiple
reporting agencies and which does not maintain a permanent database of
consumer credit information from which new consumer reports are produced.
Such a reporting agency shall honor any security freeze placed on a
consumer report by another reporting agency.
(Added to NRS by 2005, 1523 )
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