Prohibited acts by licensee: Improper practices; deceptive trade practices; using agent, affiliate or subsidiary to avoid requirements or prohibitions of chapter.

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A licensee who operates a check-cashing service shall not:

1. Take any confession of judgment or any power of attorney running to the licensee or to any third person to confess judgment or to appear for the customer in a judicial proceeding.

2. Include in any written agreement:

(a) A promise by the customer to hold the licensee harmless;

(b) A confession of judgment by the customer;

(c) An assignment or order for the payment of wages or other compensation due the customer; or

(d) A waiver of any provision of this chapter. The provisions of this paragraph do not apply to the extent preempted by federal law.

3. Engage in any deceptive trade practice, as defined in chapter 598 of NRS, including, without limitation, making a false representation.

4. Reinitiate an electronic debit transaction that has been returned by a customer’s bank except in accordance with the rules prescribed by the National Automated Clearing House Association or its successor organization.

5. Use or attempt to use any agent, affiliate or subsidiary to avoid the requirements or prohibitions of this chapter.

(Added to NRS by 2005, 1691; A 2017, 1441) — (Substituted in revision for part of NRS 604A.440)


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