97A.142 - Verification of identity of person accepting firm offer of credit: When required; actions deemed to be verification of identity.
97A.142 Verification of identity of person accepting firm offer of credit: When required; actions deemed to be verification of identity.
1. If a solicitor makes a firm offer of credit for a credit card to a person by mail and receives an acceptance of that offer which has a substantially different address listed for the person than the address to which the solicitor sent the offer, the solicitor shall verify that the person accepting the offer is the same person to whom the offer was made before sending the person the credit card.
2. A solicitor shall be deemed to have verified the address of a person pursuant to subsection 1 if the solicitor:
(a) Telephones the person at a telephone number appearing in a publicly available directory or database as the telephone number of the person to whom the solicitation was made and the person acknowledges his or her acceptance of the solicitation;
(b) Receives from the person accepting the offer of credit proof of identity in the form of an identification document, including, without limitation, a driver’s license or passport, which confirms that the person accepting the solicitation is the person to whom the solicitation was made; or
(c) Uses any other commercially reasonable means to confirm that the person accepting the solicitation is the person to whom the solicitation was made, including, without limitation, any means adopted in federal regulations.
3. For the purposes of this section:
(a) “Firm offer of credit” has the meaning ascribed to it in 15 U.S.C. § 1681a(l).
(b) “Solicitor” means a person who makes a firm offer of credit for a credit card by mail solicitation, but does not include an issuer or other creditor when that issuer or creditor relies on an independent third party to provide the solicitation services.
(Added to NRS by 2007, 47)