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Vegas Law

that the informal merchant knew or should have known that the product was stolen. 4. As used in this section: (a) “Informal market” means: (1) A gathering at which: (I) Two or more persons offer personal property for sale or exchange; (II) A fee is charged for the sale or exchange of personal property; or (III) A fee is charged for admission to the area in which personal property is offered for sale or exchange; or (2) A place at which personal property is offered or displayed for sale or exchange on more than six occasions in a period of 12 months, whether held in a building, under cover or in the open air. (b) “Informal merchant” means a person who does not have an established retail store in the county and who transports an inventory of goods to an informal market and displays the goods for sale, offers them for sale at retail or sells them at retail. (c) “New product” means any tangible good which has never been used or which is in its original, unopened package or container. (d) “Stolen” means taken unlawfully from or without the permission of the owner, whether or not the person who took the item is or has been prosecuted or convicted for the taking of the item. (Added to NRS by 1999, 2543) NRS 597.940 Restrictions on recording of account number of credit card as condition to accepting check or draft; restrictions on recording of telephone number as condition to accepting credit card. 1. Except as otherwise provided in this subsection, a business shall not, without the customer’s consent, record the account number of any of a customer’s credit cards on the customer’s check or draft as a condition of accepting that check or draft. This subsection does not prohibit: (a) The business from requiring the customer to produce reasonable forms of positive identification other than a credit card, including, without limitation: (1) A driver’s license; (2) An identification card issued by the Department of Motor Vehicles; or (3) A consular identification card, as a condition of accepting a check or draft. (b) The business from requesting the customer to display a credit card as an indicia of creditworthiness or financial responsibility, if the only information recorded by the business concerning the credit card is the type of credit card displayed, the issuer of the card and the date the card expires. (c) The business from requesting the customer to record the account number of his credit card on the check or draft with which payment on the credit card account is being made. (d) The business from requesting the production of or recording of the account number of a credit card as a condition of cashing a check or draft if: (1) The business has agreed with the issuer of the credit card to cash the checks or drafts as a service to the cardholders of the issuer; (2) The issuer has agreed to guarantee any such check or draft so cashed; and (3) The cardholder has given actual, apparent or implied authority for the use of his account number for this purpose. 2. Except as otherwise provided in this subsection, a business shall not, without the customer’s consent, record a customer’s telephone number on the credit card sales slip as a condition of accepting his credit card. This subsection does not: (a) Prohibit the recordation of personal identifying information required for a special purpose incidental to the use of the credit card, such as the delivery, shipping, servicing or installation of the purchased merchandise. (b) Apply to a transaction in which the customer receives a cash advance against his credit card or to a transaction involving the use of preprinted spaces for personal identifying information that the business accepting the credit card has a contractual obligation to record in order to complete the transaction. (c) Apply to a transaction in which the customer’s purchase is made by the use of a device that electronically authorizes the use of the credit card and processes information relating thereto. 3. As used in this section, unless the context otherwise requires: (a) “Consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada. (b) “Credit card” has the meaning ascribed to it in NRS 205.630. (c) “Identification card issued by the Department of Motor Vehicles” means an identification card of the type described in NRS 483.810 to 483.890, inclusive. (Added to NRS by 1991, 1418; A 2003, 1936) NRS 597.945 Restrictions on printing expiration date or account number of credit card or debit card on receipt. 1. Except as otherwise provided in this section, if a person accepts credit cards or debit cards for the transaction of business, the person shall not do any of the following: (a) Print the expiration date of the credit card or debit card on any receipt provided to the cardholder. (b) Print more than the last five digits of the account number of the credit card or debit card on any receipt provided to the cardholder. 2. This section: (a) Applies only to receipts that are electronically printed. (b) Does not apply to transactions in which the only means of recording the credit card or debit card number is: (1) By handwriting the credit card or debit card number; or (2) By imprinting or copying the credit card or debit card. 3. If any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions was first put into use before October 1, 2003, the provisions of this section do not apply to any transaction that occurs with regard to that cash register or other machine or device before January 1, 2008. 4. As used in this section: (a) “Credit card” means any instrument or device, whether known as a credit card, credit plate or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit. (b) “Debit card” means any instrument or device, whether known as a debit card or by any other name, that is issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value, subject to the issuer removing money from the checking account or savings account of the cardholder. (Added to NRS by 2003, 1358) NRS 597.950 Unsolicited merchandise deemed unconditional gift to recipient; liability of sender; exceptions. 1. Any person who receives unsolicited goods, wares or merchandise offered for sale, but not actually ordered or requested by him orally or in writing, is entitled to consider those goods, wares or merchandise an unconditional gift, and he may use or dispose of them as he sees fit without obligation on his part to the sender. 2. The sender of unsolicited goods, wares or merchandise must pay actual and reasonable expenses incurred by the recipient: (a) In returning the goods, wares or merchandise to the sender; or (b) In resisting attempts by the sender to collect payment for the goods, wares or merchandise. 3. The sender of unsolicited goods, wares or merchandise is liable to the recipient for any impairment of the credit of the recipient caused by attempts by the sender to collect payment for the goods, wares or merchandise. 4. The provisions of subsections 1, 2 and 3 do not apply to the following: (a) Where delivery of goods, wares or merchandise is by mistake in response to an order to the sender for other goods, wares or merchandise. (b) Where delivery is made by mistake to someone other than

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