Nevada, New Jersey Legislative and Ohio Regulatory Update

The Nevada legislature has amended its Equal Opportunity for Credit Act (“Act”), and the New Jersey legislature has amended its security breach disclosure requirements.  Both bills are effective October 1, 2019.  The Ohio Secretary of State has issued rules related to electronic notaries and electronic notarizations.  These rules relate to Ohio Senate Bill 263 (see our Compliance Update of September 10, 2019), and were effective September 22, 2019.

 

NEVADA SENATE BILL 311

 

The Act has added a definition of “marital status” and expanded what is considered unlawful discrimination. 

 

“Marital status” means all states of being married or unmarried, and includes, without limitation, the states of being single, married, separated, divorced or widowed. 

 

If an applicant for credit

  • has no credit history;
  • was or is married;
  • requests the creditor deem the credit history of the applicant to be identical to the credit history of the applicant’s spouse which was established during the marriage; and
  • the applicant provides, if requested by the creditor:
    • evidence of the existence of the marriage; and
    • the date of the marriage and if applicable, the date the marriage ended;

then the creditor must deem the credit history of the applicant to be identical to the credit history of the applicant’s spouse, which was established during the referenced marriage. 

 

It is unlawful for any creditor to discriminate against any applicant on the basis of the applicant’s race, color, creed, religion, disability, national origin or ancestry, sex, sexual orientation, gender identity or expression, or marital status with respect to any credit transaction. 

 

 

NEW JERSEY SENATE BILL 52

 

The definition of what types of information are considered “personal information” has been amended to include a user name, email address, or any other account holder identifying information, in combination with any password or security question and answer that would permit access to an online account. 

 

In the case of a breach of security involving a user name or password, in combination with any password or security question and answer that would permit access to an online account, and no other personal information, the business may provide notification in electronic or other form that directs the customer whose personal information has been breached to promptly change any password or security question or answer, as applicable, or to take other appropriate steps to protect the online account with the business and all other online accounts for which the customer uses the same user name or email address and password or security question or answer. 

 

OHIO ADMINISTRATIVE CODE 111:6-1-01 et seq

 

When electronic notarial acts are performed by a notary public, whether the notarial act is performed in the notary’s physical presence or by an on-line notary using audio-video communication for a principal not in the notary’s physical presence, the notarial certificate should include statements similar to the following:

  • “This certificate pertains to an electronic notarial act performed with the principal(s) in my physical presence”; or
  • “This certificate pertains to an electronic notarial act performed with the principal(s) appearing online using audio-visual communication.”

 

If an electronic notarial act is being conducted via audio-visual communications, and the electronic notary or the principal must exit the audio-visual communication session, or the audio-visual link is broken or the resolution or quality of the transmission becomes such that the electronic notary believes the process has been compromised and cannot be completed, the identity authentication process and any incomplete online notarial act must be started from the beginning.

 

The online notary may refuse to perform an online notarization if:

  • The online notary is unable to verify the identity of the principal;
  • The online notary is unable to verify the security of the two-way audio-visual transmission;
  • The signature of the principal cannot be attached to the electronic document; or
  • The online notarization system or technology cannot render the notarial act tamper-evident.

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Diane Jenkins

Attorney

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