Limitations on fees licensee may collect for check not paid upon presentment or failure of electronic transfer of money; standards for civil liability and criminal prosecution.

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1. A licensee who operates a title loan service may collect a fee of not more than $25 if a check is not paid upon presentment or an electronic transfer of money fails because the account of the customer contains insufficient funds or has been closed.

2. If the account of the customer contains insufficient funds, the licensee may collect only two fees of $25 each, regardless of the number of times the check is presented for payment or the electronic transfer of money is attempted.

3. If the account of the customer has been closed, the licensee may collect only one fee of $25, regardless of the number of times the check is presented or the electronic transfer of money is attempted for payment.

4. A customer who receives or attempts to receive a title loan is not liable for damages pursuant to NRS 41.620 or to criminal prosecution for a violation of chapter 205 of NRS unless the customer acted with criminal intent.

(Added to NRS by 2005, 1698; A 2007, 942) — (Substituted in revision for part of NRS 604A.490)


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