NRS676A.760. Civil remedies.

      1.  If an individual voids an agreement pursuant to subsection 2 of NRS 676A.610, the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except amounts paid to creditors, in addition to the recovery under paragraphs (c) and (d) of subsection 3.

      2.  If an individual voids an agreement pursuant to subsection 1 of NRS 676A.610, the individual may recover in a civil action three times the total amount of the fees, charges, money and payments made by the individual to the provider, in addition to the recovery under paragraph (d) of subsection 3.

      3.  Subject to subsection 4, an individual with respect to whom a provider violates this chapter may recover in a civil action from the provider and any person that caused the violation:

      (a) Compensatory damages for injury, including, without limitation, noneconomic injury, caused by the violation;

      (b) Except as otherwise provided in subsection 4 and subject to adjustment of the dollar amount pursuant to subsection 6 of NRS 676A.730, with respect to a violation of NRS 676A.520, 676A.540 to 676A.590, inclusive, or 676A.630 or subsection 1, 2 or 5 of NRS 676A.700, the greater of the amount recoverable under paragraph (a) or $5,000;

      (c) Punitive damages; and

      (d) Reasonable attorney’s fees and costs.

      4.  In a class action, except for a violation of paragraph (e) of subsection 1 of NRS 676A.700, the minimum damages provided in paragraph (b) of subsection 3 do not apply.

      5.  In addition to the remedy available under subsection 3, if a provider violates an individual’s rights under NRS 676A.550, the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except for amounts paid to creditors.

      6.  A provider is not liable under this section for a violation of this chapter if the provider proves that the violation was not intentional and resulted from a good faith error notwithstanding the maintenance of procedures reasonably adapted to avoid the error. An error of legal judgment with respect to a provider’s obligations under this chapter is not a good faith error. If, in connection with a violation, the provider has received more money than authorized by an agreement or this chapter, the defense provided by this subsection is not available unless the provider refunds the excess within 2 business days after learning of the violation.

      7.  The Commissioner shall assist an individual in enforcing a judgment against the surety bond or other security provided under NRS 676A.390 or 676A.400.

      (Added to NRS by 2009, 1996)