Nevada Revised Statutes 649.313 – Remote location: Duty of collection agent to comply with certain statutory requirements; duty of collection agency to record and monitor calls, maintain records, review policies and procedures and establish procedure…
1. A collection agent working from a remote location shall comply with any applicable federal and state laws, including, without limitation, the provisions of this chapter, including, without limitation, NRS 649.335, and the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
Terms Used In Nevada Revised Statutes 649.313
- Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
2. A collection agency shall:
(a) Record calls performed by a collection agent conducting collection activities from a remote location and maintain such recordings for at least 3 years; and
(b) Monitor calls performed by a collection agent conducting collection activities from a remote location in real time on a regular basis.
3. A collection agency or collection agent shall not:
(a) Represent to any person that the collection agent is working independently of the collection agency;
(b) Use the remote location from which a collection agent is working and any related address, telephone number or facsimile number in advertising for the collection agency;
(c) Require or invite a debtor to come to a remote location from which a collection agent is working for the purpose of collection activities; or
(d) Hold out a remote location from which a collection agent is working in such a manner that a debtor is likely to believe that the remote location is the principal place of business or a branch office of the collection agency, including, without limitation, by receiving mail at the remote location, storing records at the remote location or stating to a debtor or customer that the collection agent is working from the remote location.
4. A collection agency shall:
(a) Maintain a record of collection agents who are authorized to work from a remote location which must include, for each such collection agent:
(1) The name, telephone number and electronic mail address of the collection agent; and
(2) The address of the remote location;
(b) Maintain a record of equipment supplied to collection agents for use at a remote location;
(c) Review its policies and procedures governing remote work for compliance with NRS 649.310 to 649.313, inclusive, at least annually and upon request of the Commissioner; and
(d) Establish a procedure to ensure that a collection agent working from a remote location does so without acting in any illegal, unethical or unsafe manner.