§ 604A.303 — Commissioner required to implement and maintain database of certain information related to deferred deposit loans, title loans and high-interest loans; fee; confidentiality; regulations

Nevada § 604A.303

• Jurisdiction: Nevada
• Title 52: TRADE REGULATIONS AND PRACTICES
• Ch. 604A: Deferred

Text

1. The Commissioner shall, by contract with a vendor or service provider or otherwise, develop, implement and maintain a database by which the Commissioner and licensees may obtain information related to deferred deposit loans, title loans and high-interest loans made by licensees to customers in this State to ensure compliance with the provisions of this chapter. The information the Commissioner and licensees may obtain includes, without limitation:
(a) Whether a customer has a deferred deposit loan, title loan or high-interest loan outstanding with more than one licensee;
(b) Whether a customer has had such a loan outstanding with one or more licensees within the 30 days immediately preceding the making of a loan;
(c) Whether a customer has had a total of three or more such loans outstanding with one or more licensees within the 6 months immediately preceding the making of the loan; and
(d) Any other information necessary to determine whether a licensee has complied with the provisions of this chapter.
2. After the development and implementation of the database created pursuant to subsection 1, a licensee who makes a deferred deposit loan, title loan or high-interest loan shall enter or update the following information in the database for each such loan made to a customer at the time a transaction takes place:
(a) The date on which the loan was made;
(b) The type of loan made;
(c) The principal amount of the loan;
(d) The fees charged for the loan;
(e) The annual percentage rate of the loan;
(f) The total finance charge associated with the loan;
(g) If the customer defaults on the loan, the date of default;
(h) If the customer enters into a repayment plan pursuant to NRS 604A.5027 , 604A.5055 or 604A.5083 , as applicable, the date on which the customer enters into the repayment plan; and
(i) The date on which the customer pays the loan in full.
3. The Commissioner shall establish, and cause the vendor or service provider administering the database created pursuant to subsection 1 to charge and collect, a fee for each loan entered into the database by the licensee. The money collected pursuant to this subsection must be used to pay for the operation and administration of the database.
4. Except as otherwise provided in this subsection, any information in the database created pursuant to subsection 1 is confidential and shall not be considered a public book or record pursuant to NRS 239.010 . The information may be used by the Commissioner for statistical purposes if the identity of the persons is not discernible from the information disclosed.
5. The Commissioner shall adopt regulations that:
(a) Prescribe the specifications for the information entered into the database created pursuant to subsection 1;
(b) Establish standards for the retention, access, reporting, archiving and deletion of information entered into or stored by the database;
(c) Establish the amount of the fee required pursuant to subsection 3; and
(d) Are necessary for the administration of the database.

Legislative History

(Added to NRS by 2019, 942 )