Nevada § 604C.350 - Written consumer litigation funding contract required; contents

§ 604C.350. Written consumer litigation funding contract required; contents

1. A consumer litigation funding contract must: (a) Be written in a clear and comprehensible language that is understandable to an

ordinary layperson. (b) Be filled out completely when presented to the consumer for signature. (c) Contain a provision advising a consumer of the right to cancel the contract. Such a provision must provide that the consumer may cancel the contract without

penalty or further obligation if, within 5 business days after the funding date, the

consumer: (1) Delivers in person to the consumer litigation funding company, at the address

specified in the contract, the uncashed check issued by the consumer litigation funding

company or the full amount of money that was disbursed to the consumer by the consumer

litigation funding company; or (2) Mails, by insured, certified or registered mail, to the address specified in the

contract, a notice of cancellation and includes in such mailing the uncashed check

issued by the consumer litigation funding company or a return of the full amount of

money that was disbursed to the consumer by the consumer litigation funding company. (d) Contain the initials of the consumer on each page. (e) Contain a statement that the consumer is not required to pay any other fees or

charges other than what is agreed to and disclosed within the contract. (f) If the consumer seeks more than one consumer litigation funding contract with

the same company, contain a disclosure providing the cumulative amount due from the

consumer for all consumer litigation funding transactions, including, without limitation,

all fees and charges under all consumer litigation funding contracts if repayment

is made any time after the contracts are executed. (g) Contain a statement of the maximum amount the consumer may be obligated to pay

under the consumer litigation funding contract other than in the case of material

breach, fraud or misrepresentation by the consumer. (h) Contain clear, conspicuous and accurate details of how charges, including, without

limitation, any applicable fees, are incurred or accrued. (i) Contain a statement that the consumer litigation funding contract is governed

by the laws of the State of Nevada. 2. A consumer litigation contract must contain a written acknowledgment by the attorney

retained by the consumer in the legal claim of the consumer attesting to the following: (a) To the best of the knowledge of the attorney, the funded amount and any charges

and applicable fees relating to the consumer litigation funding have been disclosed

to the consumer. (b) The attorney is being paid on a contingency basis pursuant to a written fee agreement. (c) All proceeds of the legal claim will be disbursed via the trust account of the

attorney or a settlement fund established to receive the proceeds of the legal claim

on behalf of the consumer. (d) The attorney is following the written irrevocable instructions of the consumer

with regard to the consumer litigation funding transaction. (e) The attorney is obligated to disburse money from the legal claim and take any

other steps to ensure that the terms of the consumer litigation funding contract are

fulfilled. (f) The attorney has not received a referral fee or other consideration from the consumer

litigation funding company in connection with the consumer litigation funding, nor

will the attorney receive such fee or other consideration in the future. (g) The attorney has not provided advice related to taxes, benefits or any other financial

matter regarding this transaction. 3. A consumer litigation funding contract that does not contain the written acknowledgment

required by subsection 2 is void. If the acknowledgment is completed, the contract shall remain valid if the consumer

terminates the representation of the initial attorney or retains a new attorney with

respect to the legal claim of the consumer.