NRS599B.190. Issuance of refund or replacement of goods or services; notice to consumer. [Effective July 1, 2015.]

      1.  Except as otherwise provided in subsection 3, a person who purchases goods or services or makes a donation pursuant to a solicitation governed by this chapter must be given a refund or replacement, at his or her option, if:

      (a) The goods or services are defective, are not as represented or if any item described pursuant to NRS 599B.180 is not received as promised; and

      (b) He or she returns the unused goods, if any, or makes a written request for the refund or replacement within 30 days after he or she receives:

             (1) The goods or services; or

             (2) Any item described pursuant to NRS 599B.180,

Ê whichever is received later. A return or request is timely if shipment is made or the request is postmarked, properly addressed and postage prepaid, within the time provided by this paragraph.

      2.  A registrant who receives a written request for a refund or replacement shall not require prior authorization for a return of goods and shall give a refund or replacement within 14 days after receipt of the request.

      3.  If a consumer of goods returns only a portion of the goods, the refund or replacement required by subsection 1 may be prorated accordingly.

      4.  The refund or replacement required by subsection 1 must be given by the seller, regardless of whether payment for the goods or services is made to the seller or some other person.

      5.  Except for any proration permitted by subsection 3, a registrant shall not impose any charge in connection with a return of goods or a request for a refund or replacement.

      6.  If a registrant receives payment by credit card, he or she may issue a refund in the form of a credit to the credit card account of the consumer in lieu of a cash refund.

      7.  Within 3 days after any purchase of goods or services or upon delivery of the goods or services, whichever is later, or within 3 days after receiving a donation, the seller shall provide the consumer with a written summary of the provisions of this section. The summary must:

      (a) Be made in a form prescribed by the Division.

      (b) Include the address to which returned goods or a request for refund may be sent.

      (c) Be accompanied by a statement containing the information required by paragraph (e) of subsection 1 of NRS 599B.180, if the provisions of that section apply.

      (d) If the provisions of paragraph (c) of subsection 2 of NRS 599B.180 apply, be accompanied by a statement concerning the number of persons who have, during the 12 months preceding the solicitation or any portion thereof in which the seller has done business, received the item having the greatest value and the item with the smallest odds of being received.

Ê A summary is timely if it is postmarked, properly addressed and postage prepaid, within the time provided by this subsection.

      (Added to NRS by 1989, 1386; A 1993, 2109; 1995, 942; 2009, 2729; 2011, 2652; 2013, 1054, effective July 1, 2015)