NRS598.910. Effect of transfer by organization of its obligation to provide goods or services; circumstances under which buyer may rescind contract.

      1.  If an organization transfers its obligation to provide goods or services to a buyer to another organization which provides substantially fewer goods or services, the buyer may consent to the transfer in writing after a full disclosure to him or her of the goods and services to be provided by the new organization. If a buyer does not consent, his or her contract is rescinded, and he or she must be given a refund pro rata based on the amount of time he or she was a member of the organization.

      2.  The buyer may rescind the contract and the organization shall give him or her a refund pro rata based on the amount of time he or she was a member of the organization if any of the following circumstances occur:

      (a) Except as otherwise provided in this paragraph, the organization moves its place of business which is geographically closest to the buyer’s residence, as indicated in the contract, more than 20 miles farther from the buyer’s residence than it was when the contract for membership was signed. The provisions of this paragraph do not apply if:

             (1) The organization offers the buyer a substantially equivalent at-home ordering service through at least one other generally available channel of communication, including, without limitation, the Internet;

             (2) The at-home ordering service offers the same categories of goods and services provided by the organization at the time the organization moves its place of business; and

             (3) Any goods ordered by the buyer through the at-home ordering service are shipped, at the election of the buyer, to either the buyer’s residence, as indicated in the contract, or a freight receiver within 20 miles of that residence.

      (b) Within 6 months after the contract for membership was signed, the organization stops providing any category of goods or services represented to the buyer to be available when he or she signed the contract.

      (Added to NRS by 1985, 964; A 2005, 1375)