NRS 598B.010 – Short title.
This chapter may be cited as the Nevada Equal Credit Opportunity Law. (Added to NRS by 1975, 826)
NRS 598B.020 – Declaration of public policy.
It is hereby declared to be the public policy of the State of Nevada that all people in the State desiring to obtain credit shall be afforded equal opportunity to have their creditworthiness evaluated under the same relevant economic standards and without any discrimination on the basis of their race, color, creed, religion, disability, national […]
NRS 598B.030 – Definitions.
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 598B.040 to 598B.080, inclusive, have the meanings ascribed to them in such sections. (Added to NRS by 1975, 827; A 2019, 1594)
NRS 598B.040 – “Applicant” defined.
“Applicant” means any person who applies to a creditor directly for an extension, renewal or continuation of credit, or applies to a creditor indirectly by use of an existing credit plan for an amount exceeding a previously established credit limit. (Added to NRS by 1975, 827)
NRS 598B.050 – “Credit” defined.
“Credit” means the right granted by a creditor to any person to: 1. Incur a debt and defer its payment. 2. Purchase property or services and defer payment for the purchase. 3. Defer payment of an existing debt. (Added to NRS by 1975, 827)
NRS 598B.060 – “Creditor” defined.
“Creditor” means any person who: 1. Regularly extends, renews or continues credit; 2. Regularly arranges for the extension, renewal or continuation of credit; or 3. Participates in the decision to extend, renew or continue credit as an assignee of an original creditor. (Added to NRS by 1975, 827)
NRS 598B.070 – “Division” defined.
“Division” means the Division of Financial Institutions of the Department of Business and Industry. (Added to NRS by 1975, 827; A 1983, 1700; 1993, 1802)
NRS 598B.075 – “Marital status” defined.
“Marital status” means all states of being married or unmarried, and includes, without limitation, the states of being single, married, separated, divorced or widowed. (Added to NRS by 2019, 1593)
NRS 598B.080 – “Person” defined.
“Person” includes a government, a governmental agency and a political subdivision of a government. (Added to NRS by 1975, 827; A 1985, 532)
NRS 598B.090 – Administration of chapter; duties of Commissioner of Financial Institutions.
The Commissioner of Financial Institutions through the Division shall: 1. Administer the provisions of this chapter; 2. Study the nature and extent of any discrimination as to race, color, creed, religion, disability, national origin or ancestry, sex, sexual orientation, gender identity or expression, or marital status in credit practices in this state; and 3. Cooperate […]
NRS 598B.100 – Unlawful to discriminate on basis of race, color, creed, religion, disability, national origin or ancestry, sex, sexual orientation, gender identity or expression, or marital status.
It is unlawful for any creditor to discriminate against any applicant on the basis of the applicant’s race, color, creed, religion, disability, national origin or ancestry, sex, sexual orientation, gender identity or expression, or marital status with respect to any aspect of a credit transaction. (Added to NRS by 1975, 827; A 2019, 1594)
NRS 598B.110 – Considerations in determining creditworthiness.
1. A creditor shall consider the combined income of both spouses for the purpose of extending credit to a married couple and shall not exclude the income of either without just cause. The creditor shall determine the creditworthiness of the married couple upon a reasonable evaluation of the past, present and foreseeable economic circumstances of […]
NRS 598B.115 – Extension of credit to be mailed to same address as solicitation; exception.
If a creditor other than a creditor subject to the provisions of NRS 97A.142 mails a solicitation for the extension of credit to a person and the person applies for such credit, the creditor shall mail the extension of credit to the person to the same address as the solicitation, unless the creditor verifies any […]
NRS 598B.120 – Separate credit accounts of married persons not to be aggregated for certain purposes.
If each party to a marriage separately and voluntarily applies for and obtains separate credit from the same creditor, the credit accounts shall not be aggregated or otherwise combined for purposes of determining permissible finance charges or loan ceilings. (Added to NRS by 1975, 828)
NRS 598B.130 – Separate reporting of credit histories required.
A credit reporting agency shall identify separately within its records of the reports it delivers, the credit histories of any person, the person’s spouse, if any, and the joint accounts of the person and spouse, if any, to the extent that such information is available to the agency. (Added to NRS by 1975, 828)
NRS 598B.135 – Credit history of spouse deemed identical to applicant under certain circumstances; violation constitutes discrimination on basis of marital status.
1. If an applicant for credit: (a) Has no credit history; (b) Was or is married; (c) Requests that the creditor deem the credit history of the applicant to be identical to the credit history of the applicant’s spouse which was established during the marriage referenced in paragraph (b); and (d) If requested by the […]
NRS 598B.140 – Administrative remedies: Complaint to Division.
1. A complaint may be filed with the Division by any person who has been injured as the result of a creditor’s violation of any provision of this chapter or any regulation adopted thereunder or who has reasonable ground to believe that he or she will be injured by a discriminatory action or practice prohibited […]
NRS 598B.150 – Administrative remedies: Investigation and hearing by Division; witnesses.
1. Upon receipt of such a complaint or upon its own initiative, the Division may: (a) Investigate any matters alleged in the complaint or believed to be a discriminatory practice under the provisions of this chapter or regulations adopted thereunder. (b) Eliminate or correct the cause of the complaint or discriminatory condition by methods of […]
NRS 598B.160 – Administrative remedies: Injunctive relief.
If the Division orders any creditor to cease and desist from a discriminatory practice and the creditor fails to do so within 20 calendar days after service of the order, the Division may apply to the district court for an injunction to prevent any continuation of the discriminatory practice. (Added to NRS by 1975, 828)
NRS 598B.170 – Civil remedies: Injunctive relief; damages; remedies not cumulative with federal law.
1. Any person injured by a discriminatory credit practice within the scope of the provisions of this chapter may apply directly to the district court for relief. If the court determines that the creditor has violated any of such provisions and that the plaintiff has been injured thereby, the court may enjoin the creditor from […]