NRS604A.407. Determination of whether loan is high-interest loan.

      1.  Except as otherwise provided in this section, for the purposes of determining whether a loan is a high-interest loan, when determining whether a lender is charging an annual percentage rate of more than 40 percent, calculations must be made in accordance with the Truth in Lending Act and Regulation Z, except that every charge or fee, regardless of the name given to the charge or fee, payable directly or indirectly by the customer and imposed directly or indirectly by the lender must be included in calculating the annual percentage rate, including, without limitation:

      (a) Interest;

      (b) Application fees, regardless of whether such fees are charged to all applicants or credit is actually extended;

      (c) Fees charged for participation in a credit plan, whether assessed on an annual, periodic or nonperiodic basis; and

      (d) Prepaid finance charges.

      2.  The following charges and fees must be excluded from the calculation of the annual percentage rate pursuant to subsection 1:

      (a) Any fees allowed pursuant to NRS 604A.490 or 675.365 for a check not paid upon presentment or an electronic transfer of money that fails;

      (b) Interest accrued after default pursuant to paragraph (c) of subsection 1 of NRS 604A.485;

      (c) Charges for an unanticipated late payment, exceeding a credit limit, or a delinquency, default or similar occurrence;

      (d) Any premiums or identifiable charges for insurance permitted pursuant to NRS 675.300; and

      (e) The fee allowed pursuant to NRS 604A.487.

      3.  Calculation of the annual percentage rate in the manner specified in this section is limited only to the determination of whether a loan is a high-interest loan and must not be used in compliance with the disclosure requirements of paragraph (g) of subsection 2 of NRS 604A.410 or any other provisions of this chapter requiring disclosure of an annual percentage rate in the making of a loan.

      (Added to NRS by 2007, 930; A 2013, 1516)