NRS604A.480. Limitations on using proceeds of new loan to pay balance of outstanding loan; exceptions.

      1.  Except as otherwise provided in subsection 2, if a customer agrees in writing to establish or extend the period for the repayment, renewal, refinancing or consolidation of an outstanding loan by using the proceeds of a new deferred deposit loan or high-interest loan to pay the balance of the outstanding loan, the licensee shall not establish or extend the period beyond 60 days after the expiration of the initial loan period. The licensee shall not add any unpaid interest or other charges accrued during the original term of the outstanding loan or any extension of the outstanding loan to the principal amount of the new deferred deposit loan or high-interest loan.

      2.  This section does not apply to a new deferred deposit loan or high-interest loan if the licensee:

      (a) Makes the new deferred deposit loan or high-interest loan to a customer pursuant to a loan agreement which, under its original terms:

             (1) Charges an annual percentage rate of less than 200 percent;

             (2) Requires the customer to make a payment on the loan at least once every 30 days;

             (3) Requires the loan to be paid in full in not less than 150 days; and

             (4) Provides that interest does not accrue on the loan at the annual percentage rate set forth in the loan agreement after the date of maturity of the loan;

      (b) Performs a credit check of the customer with a major consumer reporting agency before making the loan;

      (c) Reports information relating to the loan experience of the customer to a major consumer reporting agency;

      (d) Gives the customer the right to rescind the new deferred deposit loan or high-interest loan within 5 days after the loan is made without charging the customer any fee for rescinding the loan;

      (e) Participates in good faith with a counseling agency that is:

             (1) Accredited by the Council on Accreditation of Services for Families and Children, Inc., or its successor organization; and

             (2) A member of the National Foundation for Credit Counseling, or its successor organization; and

      (f) Does not commence any civil action or process of alternative dispute resolution on a defaulted loan or any extension or repayment plan thereof.

      (Added to NRS by 2005, 1696; A 2007, 940)