Nevada § 598.9715 - Use or installment by creditor or long-term lessor: Requirements; waiver prohibited; exceptions

§ 598.9715. Use or installment by creditor or long-term lessor: Requirements; waiver prohibited; exceptions

1. A creditor, in connection with a retail installment contract for the sale of a

motor vehicle, or a long-term lessor, in connection with a lease of a motor vehicle,

must not use, install or require to be installed in the motor vehicle any electronic

tracking technology for the purpose of ascertaining or recording the location of the

motor vehicle unless the: (a) Consumer agrees in writing to the installation of the electronic tracking technology

in the motor vehicle, provided that the agreement is optional and not a required condition

of the retail installment contract or lease; or (b) Creditor or long-term lessor provides to the consumer, before the signing of the

retail installment contract or lease, written notification in a document that is separate

from the contract or lease and may be retained by the consumer, that the motor vehicle

is equipped with electronic tracking technology that may be used by the creditor or

lessor: (1) To verify and maintain the operational status of the electronic tracking technology; (2) To service the contract or lease; or (3) To locate the vehicle for repossession as provided by this section or by any other

provision of law. 2. A creditor, in connection with a retail installment contract for the sale of a

motor vehicle, or a long-term lessor, in connection with a lease of a motor vehicle,

must not install in the motor vehicle or use starter interruption technology unless,

before the signing of the contract or lease the consumer and the creditor or long-term

lessor enter into a written agreement, in a document that is separate from the contract

or lease, a copy of which may be retained by the consumer and for which the consumer

must provide written acknowledgment of receipt, that the motor vehicle is equipped

with starter interruption technology. The agreement must provide that: (a) The vehicle is equipped with starter interruption technology which may only be

used as provided in this subsection. (b) The starter interruption technology may be used to disable the starter of the

motor vehicle remotely if the consumer is in default as provided in the retail installment

contract or lease, but in no case sooner than 30 days after the due date of a missed

payment by the consumer on the contract or lease. (c) The use of starter interruption technology to disable the starter of the motor

vehicle constitutes constructive repossession for the purposes of applicable law,

including, without limitation, chapter 97 and chapters 104 to 104C, inclusive, of

NRS. (d) For the purposes of reducing or eliminating the risk of potential injury or harm

to the consumer and the health, safety and welfare of the public, starter interruption

technology must be designed, installed and operated only to prevent a motor vehicle

from being started and must not be used in a way that will: (1) Disable the motor vehicle while it is being operated; (2) Turn off the engine when the engine is running; or (3) Cause an audible warning sound which lasts longer than 20 continuous seconds when

the engine is started or turned off. (e) Not less than 48 hours before the starter interruption technology is engaged,

the consumer must be provided with actual notice, in a manner clearly stated in the

agreement and which may consist of, without limitation, a clear visual signal displayed

in a place that is visible to the driver of the motor vehicle. (f) The consumer will be provided with the name, address and toll-free telephone number

of a person who has the authority to have the starter interruption technology activated,

deactivated or reinstated, as necessary. (g) If the starter interruption technology is engaged, the consumer will be provided

with the ability, in the event of an emergency, to start and freely operate the vehicle

not less than two times during a payment cycle under the retail installment contract

or lease, for a period of not less than 24 hours after each time the vehicle is started. (h) In the event that the retail installment contract or lease for the motor vehicle

is assigned to a successor in interest or another secured party, the successor in

interest or other secured party must provide the consumer with his or her name, address

and toll-free telephone number in a commercially reasonable time and manner. (i) The consumer must not be charged a fee or incur any cost for the installation

or use of the starter interruption technology unless the consumer chooses to keep

an electronic tracking technology device after, as applicable: (1) The consumer makes all payments required pursuant to the retail installment contract;

or (2) If the consumer has the option to purchase the motor vehicle after the expiration

of the lease, the consumer purchases the motor vehicle and makes all payments required

pursuant to any retail installment contract. (j) A breach of the agreement by the creditor or long-term lessor constitutes a deceptive

trade practice. 3. The provisions of this section: (a) May not be waived by the consumer. (b) Do not apply to a creditor or long-term lessor who: (1) Conducts a transaction for the installment sale or long-term lease of a motor

vehicle intended for use by a business entity in the course or scope of business. (2) Is the manufacturer, or an affiliate under common control or ownership of the

manufacturer, of the motor vehicle which is the subject of the retail installment

contract or long-term lease.