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Financial Services Law Insights and Observations

Nevada updates Military Lending Act provisions

State Issues State Legislation Military Lending Military Lending Act

State Issues

On May 28, the Nevada governor signed SB 201, which, among other things, updates existing Nevada law referring to the federal Military Lending Act (MLA). Specifically, the bill eliminates the current state law provisions that adopt the MLA by referring generally to the federal law and instead specifically adopts the language of certain MLA provisions for lending to a covered service member or a dependent of a covered service member. The bill thus includes language that (i) prohibits a lender from charging an annual percentage rate greater 36 percent; (ii) requires a lender to make certain disclosures before extending certain consumer credit; and (iii) prohibits certain additional loan terms in a transaction, such as a requirement that the loan be repaid by allotment. The bill also requires the Commissioner of Financial Institutions to adopt regulations to administer, carry out, and enforce the MLA provisions. The new provisions were effective on May 28 for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on October 1, 2019, for all other purposes.