NRS 604D.410 Prohibited acts by provider; certain acts not precluded. [Effective through December 31, 2029.]

291 words·~1 min read·/nv/chapter-604d-earned-wage-access-services/604d-410

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. A provider shall not:

(a)Share with an employer any fees, voluntary tips, gratuities or other donations that were received from or charged to a user for earned wage access services;

(b)Use a user’s consumer credit report, as defined in NRS 686A.630 , or a user’s credit score to determine the user’s eligibility for earned wage access services;

(c)Charge a late fee, deferral fee, interest or any other penalty or charge for failure to pay outstanding proceeds, fees, voluntary tips, gratuities or other donations;

(d)Report any information about the user regarding the inability of the provider to be repaid outstanding proceeds, fees, voluntary tips, gratuities or any other donations to a consumer agency or debt collector; or

(e)Compel or attempt to compel payment by a user of outstanding proceeds, fees, voluntary tips, gratuities or other donations to the provider through any of the following means:

(1)A civil action against the user in any court of competent jurisdiction;

(2)Use of a third party to pursue collection from the user on the provider’s behalf; or

(3)Sale or assignment of outstanding amounts to a third-party collector or debt buyer for collection from the user.

2. The limitations set forth in paragraph

(e)of subsection 1 shall not preclude the use by a provider of any of the foregoing methods specified in paragraph

(e)of subsection 1 to compel or attempt to compel payment of outstanding amounts or fees incurred by a user through fraudulent or other unlawful means, nor shall they preclude a provider from pursuing an employer for breach of its contractual obligations to the provider.

REPORTS; EXAMINATIONS AND INVESTIGATIONS