Nev. Rev. Stat. § 604D.410

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 604D.410 - [Effective through 12/31/2029] Prohibited acts by provider; certain acts not precluded
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 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.

NRS 604D.410

Added to NRS by 2023, 2407, effective July 1, 2024
Added by 2023, Ch. 400,§31, eff. 7/1/2024, exp. 12/31/2029.