NRS 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 for monitoring collection agents; prohibited acts by collection agency or collection agent.

414 words·~2 min read·/nv/chapter-649-collection-agencies/649-313

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.

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.