NRS645F.396. Foreclosure consultants, loan modification consultants and persons performing covered services for compensation: Records; duties; inspection of records by Commissioner.

      1.  A person who performs any covered service for compensation, a foreclosure consultant and a loan modification consultant shall keep each of the following records for a period of not less than 24 months after the date the record is created:

      (a) Each contract or other agreement between the person who performs any covered service for compensation, foreclosure consultant or loan modification consultant and a homeowner.

      (b) A copy of each written communication between the person who performs any covered service for compensation, foreclosure consultant or loan modification consultant and a homeowner which occurred before the date on which the homeowner entered into a contract for covered services.

      (c) A copy of every document or telephone recording created in connection with the requirements of subsection 2.

      (d) The file of each homeowner, which must include, without limitation, the name of the homeowner, his or her telephone number, the amount of money paid by the homeowner and a description of the covered services purchased by the homeowner.

      (e) For each covered service, a copy of every materially different sales script, training material, commercial communication or any other marketing material, including, without limitation, any material published on an Internet website.

      (f) A copy of each disclosure provided to a homeowner pursuant to NRS 645F.398.

      2.  A person who performs any covered service for compensation, a foreclosure consultant and a loan modification consultant shall:

      (a) Take reasonable steps to ensure that all employees and independent contractors of the person who performs any covered service for compensation, foreclosure consultant or loan modification consultant comply with the provisions of NRS 645F.300 to 645F.450, inclusive, and any regulations adopted pursuant thereto.

      (b) If the person who performs any covered service for compensation, foreclosure consultant or loan modification consultant is engaged in the telemarketing of covered services, perform random, blind recording and testing of the oral representations made by persons engaged in sales or other customer service functions.

      (c) Establish a procedure for receiving and responding to all complaints of homeowners.

      (d) Record the number and nature of complaints of homeowners regarding transactions involving an employee or independent contractor of the person who performs any covered service for compensation, foreclosure consultant or loan modification consultant.

      (e) Investigate promptly and fully each complaint received from a homeowner.

      (f) Take corrective action with respect to any employee or independent contractor whom the person who performs any covered service for compensation, foreclosure consultant or loan modification consultant determines is not complying with the provisions of NRS 645F.300 to 645F.450, inclusive, and any regulations adopted pursuant thereto.

      (g) Maintain any information necessary to demonstrate compliance with the requirements of this subsection.

      3.  All records kept pursuant to this section are subject to inspection and audit by the Commissioner and authorized representatives of the Commissioner.

      (Added to NRS by 2011, 1573)