NRS598.741. Definitions.

  As used in NRS 598.741 to 598.787, inclusive, unless the context otherwise requires:

      1.  “Buyer” means a natural person who is solicited to purchase or who purchases the services of an organization which provides credit services.

      2.  “Commissioner” means the Commissioner of Mortgage Lending.

      3.  “Division” means the Division of Mortgage Lending of the Department of Business and Industry.

      4.  “Extension of credit” means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family or household purposes.

      5.  “Organization”:

      (a) Means a person who, with respect to the extension of credit by others, sells, provides or performs, or represents that he or she can or will sell, provide or perform, any of the following services, in return for the payment of money or other valuable consideration:

             (1) Improving a buyer’s credit record, history or rating.

             (2) Obtaining an extension of credit for a buyer.

             (3) Providing counseling or assistance to a person in establishing or effecting a plan for the payment of his or her indebtedness, unless that counseling or assistance is provided by and is within the scope of the authorized practice of a provider of debt-management services registered pursuant to chapter 676A of NRS.

             (4) Providing advice or assistance to a buyer with regard to subparagraph (1) or (2).

      (b) Does not include:

             (1) A person organized, chartered or holding a license or authorization certificate to make loans or extensions of credit pursuant to the laws of this state or the United States who is subject to regulation and supervision by an officer or agency of this state or the United States.

             (2) A bank, credit union or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

             (3) A person licensed as a real estate broker by this state where the person is acting within the course and scope of that license, unless the person is rendering those services in the course and scope of employment by or other affiliation with an organization.

             (4) A person licensed to practice law in this state where the person renders services within the course and scope of his or her practice as an attorney at law, unless the person is rendering those services in the course and scope of employment by or other affiliation with an organization.

             (5) A broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission where the broker-dealer is acting within the course and scope of such regulation.

             (6) A person registered as a provider of debt-management services pursuant to chapter 676A of NRS.

             (7) A reporting agency.

      6.  “Reporting agency” means a person who, for fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating information regarding the credit of or other information regarding consumers to furnish consumer reports to third parties, regardless of the means or facility of commerce used to prepare or furnish the consumer reports. The term does not include:

      (a) A person solely for the reason that he or she conveys a decision regarding whether to guarantee a check in response to a request by a third party;

      (b) A person who obtains or creates a consumer report and provides the report or information contained in it to a subsidiary or affiliate; or

      (c) A person licensed pursuant to chapter 463 of NRS.

      (Added to NRS by 1987, 1517; A 1989, 935; 1993, 1798, 2272, 2801; 1995, 692; 1999, 1518, 2544; 2009, 1998, 2719)