1. If a customer defaults on a deferred deposit loan, the licensee who operates a deferred deposit loan service may collect the debt owed to the licensee only in a professional, fair and lawful manner. When collecting such a debt, the licensee must act in accordance with and must not violate sections 803 to 812, inclusive, of the federal Fair Debt Collection Practices Act, as amended, 15 U.S.C. §§ 1692a to 1692j, inclusive, even if the licensee is not otherwise subject to the provisions of that Act.
2. If a licensee who operates a deferred deposit loan service commences a civil action against a customer to collect a debt, the court may award:
(a) Court costs;
(b) Costs of service of process, except that the costs must not exceed the amount of the fees charged by the sheriff or constable for service of process in the county where the action was brought or, if the customer was not served in that county, in the county where the customer was served; and
(c) Reasonable attorney’s fees. In determining the amount of the attorney’s fees and whether they are reasonable, the court shall consider the complexity of the case, the amount of the debt and whether the licensee could have used less costly means to collect the debt.
3. Notwithstanding any provision of NRS 66.010 to the contrary, if:
(a) A licensee who operates a deferred deposit loan service intends to commence a civil action in a Justice Court against a customer to collect a debt; and
(b) The customer resides in the county where the deferred deposit loan was made,
the licensee is required to commence the civil action in the Justice Court for the township where the deferred deposit loan was made unless, after the date of default and before the licensee commences the civil action, the customer signs an affidavit agreeing to try the action in another Justice Court having jurisdiction over the subject matter and the parties. A licensee who operates a deferred deposit loan service shall not, directly or indirectly, require, intimidate, threaten or coerce a customer to sign such an affidavit.
(Added to NRS by 2005, 1689) — (Substituted in revision for part of NRS 604A.415)
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