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member of the dance studio or health club.
2. If a dance studio or health club moves its place of business that is geographically closest to the residence of the buyer as set forth in the contract, more than 20 miles farther away from the residence of the buyer than it was when the contract for services was signed, the buyer may rescind the contract and the dance studio or health club shall provide a refund pro rata based upon the amount of time he was a member.
(Added to NRS by 1989, 2040; A 1993, 1965)
NRS 598.960 Correction of violations. If a dance studio or health club does not comply with the provisions of NRS 598.940 to 598.950, inclusive, or 598.954 to 598.966, inclusive, the buyer may agree in writing, after a full disclosure, to any correction of the defect if the correction is made within 30 days after he signs a contract for dance lessons, the use of facilities or other services. If the buyer does not consent, or if the correction is not made within the 30-day period, the contract is rescinded and the buyer must be given a full refund.
(Added to NRS by 1989, 2041; A 1993, 1966)
NRS 598.962 Waiver of provisions is void. Any waiver by the buyer of the provisions of NRS 598.940 to 598.966, inclusive, is contrary to public policy and void.
(Added to NRS by 1989, 2041)
NRS 598.966 Remedies, duties and prohibitions not exclusive; violation constitutes deceptive trade practice.
1. The remedies, duties and prohibitions of NRS 598.940 to 598.966, inclusive, are not exclusive and are in addition to any other remedies provided by law.
2. Any violation of NRS 598.944 to 598.958, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
(Added to NRS by 1989, 2041; A 1993, 1966)
PROVISION OF TELECOMMUNICATIONS SERVICES
NRS 598.968 Definitions. As used in NRS 598.968 to 598.9694, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.9682 and 598.9684 have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 2715; A 2001, 2153)
NRS 598.9682 “Provider” defined. “Provider” means:
1. A person who is in the business of providing a telecommunications service;
2. An agent, employee, independent contractor or representative of a person who is in the business of providing a telecommunications service; or
3. A person who originates a charge for a telecommunications service and directly or indirectly bills a customer for the charge.
(Added to NRS by 1999, 2715)
NRS 598.9684 “Telecommunications service” defined. “Telecommunications service” means a service that is designed or has the capability to generate, process, store, retrieve, convey, emit, transmit, receive, relay, record or reproduce any data, information, image, program, signal or sound over a communications system or network, including, without limitation, a communications system or network that uses analog, digital, electronic, electromagnetic, magnetic or optical technology.
(Added to NRS by 1999, 2715)
NRS 598.969 Prohibited acts: Changing a customer’s carrier without timely authorization; failure to provide timely written notices and confirmations; engaging in other fraudulent or deceptive acts; proposing contract to waive or authorize violations of the protections of this section. A provider shall not:
1. Make a statement or representation regarding the provision of a telecommunications service, including, without limitation, a statement regarding the rates, terms or conditions of a telecommunications service, that:
(a) Is false, misleading or deceptive; or
(b) Fails to include material information which makes the statement or representation false, misleading or deceptive.
2. Misrepresent his identity.
3. Falsely state to a person that the person has subscribed or authorized a subscription to or has received a telecommunications service.
4. Omit, when explaining the terms and conditions of a subscription to a telecommunications service, a material fact concerning the subscription.
5. Fail to provide a customer with timely written notice containing:
(a) A clear and detailed description relating directly to the services for which the customer is being billed and the amount the customer is being charged for each service;
(b) All terms and conditions relating directly to the services provided; and
(c) The name, address and telephone number of the provider.
6. Fail to honor, within a reasonable period, a request of a customer to cancel a telecommunications service pursuant to the terms and conditions for the service.
7. Bill a customer for a telecommunications service after the customer has cancelled the telecommunications service pursuant to the terms and conditions of the service.
8. Bill a customer for services that the provider knows the customer has not authorized, unless the service is required to be provided by law. The failure of a customer to refuse a proposal from a provider does not constitute specific authorization.
9. Change a customer’s subscription to a local exchange carrier or an interexchange carrier unless:
(a) The customer has authorized the change within the 30 days immediately preceding the date of the change; and
(b) The provider complies with the provisions of 47 U.S.C. § 258, as amended, and the verification procedures set forth in 47 C.F.R. part 64, subpart K, as amended.
10. Fail to provide to a customer who has authorized the provider to change his subscription to a local exchange carrier or an interexchange carrier a written confirmation of the change within 30 days after the date of the change.
11. Propose or enter into a contract with a person that purports to:
(a) Waive the protection afforded to the person by any provision of this section; or
(b) Authorize the provider or an agent, employee, independent contractor or representative of the provider to violate any provision of this section.
(Added to NRS by 1999, 2715)
NRS 598.9691 Regulations governing disclosures made by provider to customer. The Public Utilities Commission of Nevada may adopt regulations governing the disclosures that must be made by a provider to a customer before the customer may be charged for a telecommunications service.
(Added to NRS by 2001, 2149)
NRS 598.9692 Opportunity to freeze interexchange carrier. A provider who is a local exchange carrier shall, in a competitively neutral manner, offer to each customer the opportunity to freeze the interexchange carrier selected by the customer.
(Added to NRS by 1999, 2716)
NRS 598.9694 Remedies, duties and prohibitions not exclusive; violation constitutes deceptive trade practice.
1. The remedies, duties and prohibitions of NRS 598.968 to 598.9694, inclusive, are not exclusive and are in addition to any other remedies provided by law.
2. A violation of any provision of NRS 598.968 to 598.9694, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
(Added to NRS by 1999, 2716)
REPAIR OF MOTOR VEHICLES
NRS 598.971 Definitions. As used in NRS 598.971 to 598.990, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.975 and 598.981 have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 1374)
NRS 598.975 “Department” defined. “Department” means the Department of Motor Vehicles.
(Added to NRS by 1997, 1374; A 2001, 2631)
NRS 598.981 “Division” defined. “Division” means the Consumer Affairs Division of the Department of Business and Industry.
(Added to NRS by 1997, 1374)
NRS 598.985 Division and Department to cooperate to protect persons who authorize repair of motor vehicles.
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