Nevada Fair Debt Collection Practices Act


Nevada has not enacted a separate State law that is substantially different from the FDCPA. Nevertheless, the residents of Nevada are well protected under the federal law.

Here are some helpful extracts from the State Act: NRS 649.005 Definitions

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 649.010 to 649.035, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1969, 829; A 1983, 1710; 1985, 536)

NRS 649.010 “Claim” defined

“Claim” means any obligation for the payment of money or its equivalent that is past due. [Part 2:237:1931; 1931 NCL § 1420.01]—(NRS A 1969, 835; 1995, 999)

NRS 649.020 “Collection agency” defined
  1. 1. “Collection agency” means all persons engaging, directly or indirectly, and as a primary or a secondary object, business or pursuit, in the collection of or in soliciting or obtaining in any manner the payment of a claim owed or due or asserted to be owed or due to another.
  2. 2. “Collection agency” does not include any of the following unless they are conducting collection agencies:
    1. (a) Individuals regularly employed on a regular wage or salary, in the capacity of credit men or in other similar capacity upon the staff of employees of any person not engaged in the business of a collection agency or making or attempting to make collections as an incident to the usual practices of their primary business or profession
    2. (b) Banks.
    3. (c) Nonprofit cooperative associations.
    4. (d) Unit-owners’ associations and the board members, officers, employees and units’ owners of those associations when acting under the authority of and in accordance with chapter 116 or 116B of NRS and the governing documents of the association, except for those community managers included within the term “collection agency” pursuant to subsection 3.
    5. (e) Abstract companies doing an escrow business.
    6. (f) Duly licensed real estate brokers, except for those real estate brokers who are community managers included within the term “collection agency” pursuant to subsection 3.
    7. (g)Attorneys and counselors at law licensed to practice in this State, so long as they are retained by their clients to collect or to solicit or obtain payment of such clients’ claims in the usual course of the practice of their profession.
  3. 3. “Collection agency”:
    1. (a) Includes a community manager while engaged in the management of a common-interest community or the management of an association of a condominium hotel if the community manager, or any employee, agent or affiliate of the community manager, performs or offers to perform any act associated with the foreclosure of a lien pursuant to NRS 116.31162 to 116.31168, inclusive, or 116B.635 to 116B.660, inclusive; and
    2. (b) Does not include any other community manager while engaged in the management of a common-interest community or the management of an association of a condominium hotel.
  4. 4. As used in this section:
    1. (a) “Community manager” has the meaning ascribed to it in NRS 116.023 or 116B.050.
    2. (b) “Unit-owners’ association” has the meaning ascribed to it in NRS 116.011 or 116B.030. [Part 2:237:1931; 1931 NCL § 1420.01] + [14:237:1931; 1931 NCL § 1420.13]—(NRS A 1969, 835; 2005, 1716, 1867; 2007, 12, 2293)
NRS 649.025 “Collection agent” defined

“Collection agent” means any person, whether or not regularly employed at a regular wage or salary, who in the capacity of a credit man or in any other similar capacity makes a collection, solicitation or investigation of a claim at a place or location other than the business premises of the collection agency, but does not include:

  1. 1. Employees of a collection agency whose activities and duties are restricted to the business premises of the collection agency.
  2. 2. The individuals, corporations and associations enumerated in subsection 2 of NRS 649.020. (Added to NRS by 1963, 1141; A 1969, 835)
NRS 649.030 “Customer” defined

“Customer” means any person authorizing or employing a collection agency for any of the purposes permitted or authorized by this chapter. [Part 2:237:1931; 1931 NCL § 1420.01]— (NRS A 1969, 835)

NRS 649.370 Violation of federal Fair Debt Collection Practices Act

A violation of any provision of the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1682 et seq., or any regulation adopted pursuant thereto, shall be deemed to be a violation of this chapter. (Added to NRS by 2007, 2500)

NRS 649.375 Prohibited practices

A collection agency, or its manager, agents or employees, shall not:

  1. 1. Use any device, subterfuge, pretense or deceptive means or representations to collect any debt, nor use any collection letter, demand or notice which simulates a legal process or purports to be from any local, city, county, state or government authority or attorney.
  2. 2. Collect or attempt to collect any interest, charge, fee or expense incidental to the principal obligation unless:
    1. (a) Any such interest, charge, fee or expense as authorized by law or as agreed to by the parties has been added to the principal of the debt by the creditor before receipt of the item of collection;
    2. (b) Any such interest, charge, fee or expense as authorized by law or as agreed to by the parties has been added to the principal of the debt by the collection agency and described as such in the first written communication with the debtor; or
    3. (c) The interest, charge, fee or expense has been judicially determined as proper and legally due from and chargeable against the debtor.
  3. 3. Assign or transfer any claim or account upon termination or abandonment of its collection business unless prior written consent by the customer is given for the assignment or transfer. The written consent must contain an agreement with the customer as to all terms and conditions of the assignment or transfer, including the name and address of the intended assignee. Prior written consent of the Commissioner must also be obtained for any bulk assignment or transfer of claims or accounts, and any assignment or transfer may be regulated and made subject to such limitations or conditions as the Commissioner by regulation may reasonably prescribe.
  4. 4. Operate its business or solicit claims for collection from any location, address or post office box other than that listed on its license or as may be prescribed by the Commissioner.
  5. 5. Harass a debtor’s employer in collecting or attempting to collect a claim, nor engage in any conduct that constitutes harassment as defined by regulations adopted by the Commissioner
  6. 6. Advertise for sale or threaten to advertise for sale any claim as a means to enforce payment of the claim, unless acting under court order.
  7. 7. Publish or post, or cause to be published or posted, any list of debtors except for the benefit of its stockholders or membership in relation to its internal affairs.
  8. 8. Conduct or operate, in conjunction with its collection agency business, a debt counseling or prorater service for a debtor who has incurred a debt primarily for personal, family or household purposes whereby the debtor assigns or turns over to the counselor or prorater any of his earnings or other money for apportionment and payment of his debts or obligations. This section does not prohibit the conjunctive operation of a business of commercial debt adjustment with a collection agency if the business deals exclusively with the collection of commercial debt.
    1. (a) The customer gives written notice of the withdrawal to the collection agency not less than 60 days before the effective date of the withdrawal; and
    2. (b) The claim is not in the process of being collected.
NRS 649.3345 Withdrawal of claim by customer
  1. 1. Unless a written agreement between the parties otherwise provides, a customer may withdraw, without obligation, any claim assigned to a collection agency at any time 6 months after the date of the assignment if:
    1. (a) The customer gives written notice of the withdrawal to the collection agency not less than 60 days before the effective date of the withdrawal; and
    2. (b) The claim is not in the process of being collected.
  2. 2. As used in this section, “in the process of being collected,” means that:
    1. (a) A payment on the claim has been received after the date of the assignment;
    2. (b) An action on the claim has been filed by or on behalf of the collection agency;
    3. (c) The claim has been forwarded to another collection agency for collection;
    4. (d) A lawful and sufficient claim or notice of lien has been filed by the collection agency on behalf of the customer to ensure payment from money distributed in connection with the probate of an estate, proceeding in bankruptcy, assignment for the benefit of creditors or any similar proceeding; or
    5. (e)The collection agency has obtained from the debtor an enforceable written promise to make payment.
  3. 3. Upon the withdrawal of any claim, the collection agency shall return to the customer any documents, records or other items relating to the claim that have been supplied by him. (Added to NRS by 1989, 2034)