Which place’s debt rules apply—and who can help?

S_NV PASS-07 — Provider agreements, disclosures, authority, and cancellation

Fresh public-primary-source access: October 27, 2026, Pacific (America/Los_Angeles).

Scope: The previously reserved agreement, disclosure, power-of-attorney, electronic-delivery, cancellation, and termination component. P06’s conclusions are not used as premises. The provisions material to this report were freshly read.

Disposition: The principal statutory requirements are established below. Their application to an actual provider, agreement, electronic enrollment flow, authority instrument, transaction, or fee remains unresolved. No agreement is approved, no provider authorization is established, and no component/state/parent/A066/operational/publication acceptance follows.

Source labels S001–S016 below denote S_NV-P7-S001–S_NV-P7-S016. Claim labels C001–C069 denote the corresponding S_NV-P7-C… records.

A. Substantive findings

1. Classify the service and parties before selecting the agreement requirements

Chapter 676A distinguishes a concession-oriented debt-management plan from principal-reduction settlement. A DMP contemplates regular payments to the provider and creditor concessions on finance or delinquency charges. Settlement contemplates principal reduction and accumulation in an FDIC-insured account owned by the individual and outside provider control. These are different statutory models, not interchangeable names for the same arrangement. C001–C003; S001, §§676A.130–.150. Nevada Legislature

Coverage also depends on the Nevada-resident knowledge provisions, compensation, and the actual professional or institutional exclusion. Remote delivery, nonprofit or tax status, an attorney affiliation, and absence of custody do not independently establish an exemption. A corporation’s business debt, an individual’s business-purpose debt, and a personal-purpose consumer transaction must not be collapsed into one category: §676A.530’s “consumer” definition is expressly personal, family, or household, while the chapter’s other provisions require their own analysis. C001–C003; S001, §§676A.140, .270, .300, .530(9). Nevada Legislature+1

For settlement services, the prohibition on secured, formerly secured, and Chapter 604A obligations remains material. A signed agreement cannot authorize prohibited settlement activity. This is not a determination that every DMP involving secured obligations is prohibited. C003; S001, §676A.700(2)(i). Nevada Legislature

Service and authority branch matrix

Authority: S001 §§676A.130–.150, .270, .520, .530, .540(5), .700; C001–C003, C007–C011, C032–C037. Nevada Legislature+2

2. Nevada requires a sequence of disclosures and records—not merely a signed final contract

2.1 Before services and before assent

These are disclosure obligations, not independent authorization to charge the disclosed fee or furnish otherwise prohibited services. S001–S003. Nevada Legislature+3

The statutory alternatives in §520(5)–(7) must be used according to their actual branch and specified presentation. A provider should not combine a creditor-funded DMP statement with a settlement model or omit a required warning because a different model’s shorter form exists.

The chapter also requires a reasonably staffed toll-free communication system. A provider’s website must disclose specified identity and officer information on its home page or a clearly identified linked page. A Nevada business location has separate conspicuous-posting requirements under NAC 676A.150. These do not substitute for individualized pre-assent delivery. C013; S001, §§510, 530(6); S002, .150. Nevada Legislature+2

2.2 Mandatory agreement contents and delivery

The agreement must be a record, dated, signed by both provider and individual, identify both parties as specified, and be provided to the individual before assent. Electronic delivery requires availability in a form the individual can retrieve, save, and print, together with notice that it is available. A post-signature email alone does not establish compliance with that pre-assent requirement. C015, C023; S001, §540(1)–(2). Nevada Legislature

C016–C020; S001, §540(1)(f), (3)–(4). Nevada Legislature+1

No actual provider contract was reviewed. FID’s public licensing page lists a document titled “Disclosure Questions,” but the linked DOCX did not yield readable content through the public tool. Its title is not evidence that it is a consumer disclosure form, contains all statutory terms, or approves a provider’s contract. C067; S013–S014. FID Nevada

3. Negotiating, binding a compromise, initiating payment, and releasing rights are different acts

3.1 The 50% authority boundary

Under §540(5), a settlement agreement may confer a POA to settle for no more than 50% of the outstanding debt. It may not grant advance authority to settle above that amount. It may grant negotiation authority, but must require the individual’s assent after the creditor has assented to a settlement above 50%. Section 700(1)(b) separately restricts the conduct. C032–C033. Nevada Legislature+1

This is not:

• A mandatory 50% creditor discount;
• A fee cap;
• A requirement that the consumer accept a qualifying offer; or
• Proof that the provider possesses a valid POA.

The actual instrument may be narrower. “Outstanding amount” also must not silently be replaced with enrolled principal or a historical balance.

At settlement, the individual must receive the creditor certification required by §700(1)(j): the payment achieves full settlement, or the agreed payment plan will achieve full settlement when completed. That creditor-facing settlement evidence is distinct from the provider-services agreement. C034. Nevada Legislature

The fee prerequisite remains separate: §580(6) requires the specified executed agreement, qualifying payment, and complete allocation/savings conditions before requesting or receiving the settlement fee. Whether a particular agent-signed instrument satisfies the separate “executed by the individual” requirement is not established merely by demonstrating negotiation authority. C035. Nevada Legislature

3.2 A general financial POA does not erase the specialized restrictions

Where Chapter 162A applies, the POA is a record granting authority; its title is not dispositive. Section 162A.220 supplies execution requirements, an acknowledgment-related signature presumption, and additional conditions for specified facility circumstances. It does not make a notarization stamp universal proof of valid, unlimited authority. C041; S006. Nevada Legislature

The general POA rules include scope, good faith, the principal’s known expectations or best interest, and continuing principal control. Delegating POA authority requires an express grant under §162A.450(1)(e). The chapter preserves other applicable laws when inconsistent. Thus, broad claims-and-litigation language in §162A.560 cannot be used to override Chapter 676A’s confession-of-judgment prohibition, settlement limits, or unauthorized-practice rules. C042–C043. Nevada Legislature+2

Chapter 676A separately keeps the provider responsible for delegated duties. The general POA statute’s good-faith/no-actual-knowledge protection for certain termination events presents a distinct third-party issue; it is not established here as permission for a provider to continue using its POA after the provider agreement terminates. C043, C045. Nevada Legislature+1

3.3 Prohibited and conditional provisions

C036–C040; S001, §§540, 700; S002, .180. Nevada Legislature+2

The arbitration exception is a gateway, not approval of every arbitration clause. Section 38.219, §597.995, FAA §2, formation, delegation, federal preemption, and applicable nonwaivable protections must be considered. The state authorization language in §597.995 was read, but no categorical conclusion is made that it governs an FAA-covered contract regardless of preemption. Full arbitration doctrine remains a later component. C038, C066, C069. Nevada Legislature+2

Published-opinion comparison

S011–S012; C044, C066. Nevada Judiciary+4

The bounded official-source search did not produce a responsive published opinion or formal FID interpretation squarely resolving §676A.540’s 50% authority/execution interaction or the disputed electronic/cancellation applications. That is a retrieval limitation, not a finding that no such authority exists.

4. Cancellation, emergency waiver, termination, and their different effects

4.1 Required cancellation notice

Section 550(2) requires an accompanying notice in boldface, surrounded by bold black lines. Its complete body was read. Required content includes:

• The three-business-day cancellation right and start convention;
• Provider email for electronic cancellation;
• Provider name and address for mailed/delivered notice;
• A completed cancellation deadline;
• The three-day full-refund promise and later-termination qualification;
• Consumer printed-name, signature, and date fields.

The statutory notice permits the specified email route or a signed, dated copy/other written notice. Section 550(1)’s operative requirement is notice in a record to the provider, with mailed notice given when mailed. A provider should not treat use of its exact form as the only permissible cancellation method. C046, C048. Nevada Legislature

4.2 Clock and effect matrix

C020, C025, C046–C052; S001, §§120, 530, 540, 550, 620. Nevada Legislature+2

4.3 Different monetary and authority objects

Fresh reading of the necessary provisions establishes these separate objects:

1. Unexpended debt-payment money: §540(4)(a)(1) addresses money received by the provider or its agent for reduction or satisfaction of debt.
2. Uncredited setup fee: for the settlement branch, §540(4)(a)(2) specifies refund of 65% of the portion not credited against the settlement fee.
3. Provider’s POAs: revoked and ineffective upon the specified termination.
4. Monthly fee: future charging stops, except a fee that became due before termination.
5. Undistributed funds and legally payable fees: §570(8) requires prompt return, less only fees actually payable under §580.
6. Trust money on termination: §620(2) requires immediate return.
7. No-agreement counseling fee: §580(5) has its own later-assent refund trigger before expiration of 90 days after completion/termination of counseling.

These provisions do not prove that a setup fee was lawfully charged, that a monthly fee was earned, or that money can be deducted twice. The 65% clause is not advance-fee authorization. The actual amount and lawful fee pathway remain held. C050–C053. Nevada Legislature+3

The three-day notice’s refund promise, extended cancellation right, termination balance, contract avoidance, and civil recovery have different predicates. This report does not borrow P06’s unreviewed remedies conclusions or decide a civil award.

5. Electronic assent, record delivery, and federal overlays

5.1 Three separate questions

A workflow must separately establish:

valid agreement assent → valid consent to electronic delivery → compliant delivery and retention of each required record.

Electronic form alone is not a reason to invalidate a contract, but that principle does not cure missing disclosures, lack of actual assent, blocked retention, or a prohibited substantive term. C021–C031; S001, S004–S005. Nevada Legislature+2

C021–C030; S001, §§530, 540(2); S004, §§719.220–.320; S005, §7001(c)–(e). Nevada Legislature+4

Nevada’s UETA does not force parties to transact electronically. It preserves other substantive law, required formats, and specified exceptions. E-SIGN also preserves substantive consumer protections and contains exclusions for particular records and notices. Chapter 676A’s express E-SIGN relation clause preserves §7001(c) and does not authorize electronic delivery of the excluded §7003(b) notices. A provider-services agreement is not thereby an electronic foreclosure notice or court filing. C026–C031. Nevada Legislature+4

Failure solely to meet E-SIGN’s specified electronic-access-consent demonstration does not, under §7001(c)(3), automatically invalidate the underlying consumer contract. That narrow rule does not excuse the remaining disclosure and delivery requirements. C030. US Code

5.2 Conditional federal requirements

C056–C065; S007–S008. eCFR+4

If CROA applies, the separate statutory disclosure precedes contract execution; the organization retains the consumer’s signed acknowledgment for two years. The written dated contract must be consumer-signed and contain the required payment, service, guarantee, duration, identity, and cancellation terms. No services may begin before the statutory three-business-day period beginning on the signing date ends. The cancellation right uses its own third-business-day-after-execution convention. Required cancellation forms are supplied in duplicate, and required documents are supplied at signing. Those federal clocks must not be substituted for Nevada’s clock. C062–C064. US Code+2

The full relevant CROA disclosure and cancellation text was read. No private form was drafted or approved. The electronic implementation of duplicate forms and delivery must still satisfy the applicable E-SIGN conditions; electronic form is not automatically valid or invalid.

6. Copies, accountings, and retention—only the agreement-facing requirements

For a covered DMP or settlement agreement, §630 requires accountings in a record at least monthly, at cancellation or termination, and within five business days of a request, subject to the once-per-calendar-month request limitation. They must identify receipts, creditor payments—including payments made by the individual at the provider’s direction—deductions, reserves, and applicable settlement terms and fee calculations. C054. Nevada Legislature

The provider must maintain the individual’s debt-management-service records for five years after the final payment and provide the statutory copies within the applicable reasonable time. This is distinct from §530’s paper-copy request rules and CROA’s two-year acknowledgment requirement. No complete information-security, custody, retention-system, or litigation-hold audit was performed. C055; S001, §630(3). Nevada Legislature

The original Nevada enactment was approved May 29, 2009. Its operative agreement sections became effective July 1, 2010, with the stated transition for pre-July 2010 transactions. The current NRS text—not the original act’s superseded fee provisions—is used here. R050-10A’s relevant disclosure and anti-waiver rules became effective October 15, 2010. No later model-act commentary or revision is treated as enacted Nevada wording. C068. Nevada Legislature+3

B. Worked conditional models

No example assumes an actual authorized provider or approved contract. Dollar calculations use cents; the stated examples produce exact cents, so no rounding adjustment is needed. Business days are symbolic qualifying days, not a fabricated holiday calendar.

Model 1 — Electronic precontract delivery and later paper request

Inputs and assumptions: Covered personal-purpose consumer; an otherwise lawful proposed service; affirmative electronic-record consent has not yet been obtained.

Failure branch: A combined sales screen containing warnings and unrelated promotional content, followed by a blocked-print agreement and “I agree” button, does not establish compliance with §§530(3) and 540(2). No monetary award is calculated. C021–C031.

Model 2 — Negotiation, limited authority, and later consumer assent

Inputs: One eligible unsecured debt; actual outstanding balance $10,000.00; no secured history or Chapter 604A issue is assumed. A valid limited authority instrument, if used, must permit the specific act.

Plain text

Outstanding balance                    $10,000.00
Statutory authority comparison               × 50%
Maximum amount within that ceiling       $5,000.00

Branch A: $4,800 offer. $4,800 ÷ $10,000 = 48%. If the actual valid POA authorizes this settlement and all other conditions are met, the amount is within §540(5)’s permitted ceiling. The calculation does not prove creditor acceptance, binding execution, the required creditor certification, a qualifying payment, or fee earning.

Branch B: $6,000 offer. $6,000 ÷ $10,000 = 60%. The provider may negotiate, but cannot rely on advance POA authority to bind the individual. After the creditor assents, the individual must assent. An earlier enrollment authorization is not the specified later assent.

Fee result: HOLD in both branches unless the separate §580(6) execution, payment, and allocation conditions are proved. Whether a particular agent signature satisfies the separate execution requirement is not decided here. C032–C035.

Model 3 — Ordinary cancellation, defect extension, and emergency waiver

Inputs: Assent event A0; agreement-signing event S0; $250 paid; no creditor disbursement; no valid emergency waiver.

Ordinary branch

• B1, B2, B3 are the three legally qualifying business days after A0.
• Consumer mails cancellation before midnight of B3.
• Section 550(1) treats mailed notice as given when mailed.

Plain text

Money paid                              $250.00
Creditor payments                         $0.00
Retainable cancellation fee               $0.00
Stipulated three-day refund             $250.00

This result rests on the stated ordinary-cancellation facts and required notice’s refund promise.

Defect branch

A specified §540/§550(2)/§700 defect is established, and cancellation occurs on calendar day 20 after A0. The extended right may apply. The $250 monetary outcome is not automatically imported from the ordinary branch. The applicable held-money, termination, avoidance, or civil-recovery predicate and facts must be established.

Emergency branch

Creditor disbursement is genuinely necessary before expiration of three calendar days after S0. The consumer sends or delivers a signed, dated statement in the consumer’s own words explaining the emergency and explicitly waiving cancellation. A preprinted waiver fails. Whether A0 and S0 coincide must be established rather than assumed. C046–C049.

Model 4 — Termination: conserve the ledger and separate authority from fees

Inputs: Covered agreement; valid termination notice; no current legally payable fee established; all transactions below concern the same consumer funds.

Plain text

Total consumer money received          $1,200.00
Creditor remittance already posted      -$500.00
Prior refund already posted            -$100.00
Current unexpended balance               $600.00
Additional verified payable deduction      $0.00
Current balance to return                $600.00

The earlier $500 remittance and $100 refund are not subtracted again. The applicable prompt/immediate money-return provisions must be applied; no invented calendar deadline is supplied.

Authority consequences: The provider’s POAs are revoked and ineffective. Future monthly fees stop, subject to the statutory exception for a fee already due. That exception does not prove any particular fee was due or earned.

Separate settlement setup-fee branch:

Plain text

S = legally established setup fee
C = amount already credited against settlement fee
U = S − C, the legally established uncredited portion
Specified refund component = 65% × U
Less any prior payment of that same refund component

Here S, C, prior credits, lawful charging, and overlap with the $600 are HOLD. No additional dollar refund is invented or added to the ledger. The statutory 65% formula does not validate an upfront settlement fee.

Termination of the provider agreement does not automatically rescind a creditor compromise, close an external bank account, revoke every separate ACH authorization, or initiate a credit-report dispute. C036, C050–C055.

Smaller failure postures

C. Source register

All fresh readings below were performed October 27, 2026. A compilation’s refresh date is not its legal effective date. Multiple sections or routes to one underlying instrument are not counted as independent authorities.

Additional discovery/access limits: The official Nevada Reports index was used to locate published opinions. Attempted legacy opinion routes at https://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/2005/121Nev.html and https://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/2009/125Nev.html did not provide usable opinion bodies. No holding is attributed to those failed routes.

D. Atomic claim register

Confidence concerns the stated legal proposition, not actual compliance. “Held” identifies unresolved application or interpretation.

E. Component coverage and gaps

F. Contribution to the reviewed remainder

G. Researcher self-check

Freshly read: Complete materially relevant NRS 676A §§510–560 and 630; necessary definitions, exclusions, authority, fee-prerequisite and termination cross-references; relevant NAC disclosure/anti-waiver provisions; selected original R050-10A text and page images; applicable UETA and E-SIGN provisions; relevant financial-POA clauses; the specified TSR and CROA provisions, including full required disclosure/cancellation text; and the limited arbitration gateways.

Opinions: Selected majority passages and dispositions were read in official Nevada Reports compilations. Relevant page images were inspected. One Uber screenshot timed out; its corresponding text was read. No dissent or search snippet was treated as majority authority. No private docket/status query or full citator review was performed.

Forms: The statutory Nevada and CROA notice text was read. The linked FID DOCX was not readable and remains held. No actual provider contract, completed form, enrollment screen, POA, creditor agreement, account authorization, or consumer record was inspected.

Version limits: Nevada compilation dates, original enactment dates, final-rule effectiveness, federal Code snapshot dates, and eCFR currency are recorded separately. Historical fee provisions and known stale NAC registration provisions were not reinstated. No model-act revision or commentary was treated as Nevada law.

This is not an independent review. No local writes, hashes, saved/imported/queued status, unseen model selection, provider permission, actual fee earning, or publication readiness is claimed. No contacts, filings, purchases, account changes, private-record searches, browser control, or publication actions were performed.

END S_NV PASS-07