Member Alert: Minnesota Issues New Remote Work Guidance for Debt Collectors

Nevada extends debt collection restrictions; HEROES Act bill approved in U.S. House Friday; tips for managing interview inquiries on Monday’s Daily Huddle.

5/15/2020 1:00 PM

COVID-19DailyNewsStateAdvocacy
Member Alert: Minnesota Issues New Remote Work Guidance for Debt Collectors

ACA International continues to monitor state and city updates and remains available as a resource for members during this difficult time of fast-moving and often ambiguous regulatory change. In addition, our team maintains regular direct and indirect communications with state and federal regulators to receive up-to-the-minute guidance on industry-relevant orders and emergency regulations, which we parse and report on at regular intervals.
 
Daily Huddle
 
Members are invited to join ACA’s team including CEO Mark Neeb, Vice President and Senior Counsel of Federal Advocacy Leah Dempsey, Corporate Counsel Colin Winkler and Vice President of State Government and Unit Affairs Andrew Madden for a Daily Huddle at 11 a.m., Central Standard Time weekdays.
 
Monday’s Daily Huddle will feature a discussion on managing media interview inquiries from John Rich, director, and Taylor Gross, partner, with The Herald Group public relations firm in Washington, D.C. Rich will share a quick checklist for members to have when receiving an inquiry. They will also outline high-level talking points they have found effective during the COVID-19 crisis.
 
Daily Huddle sponsors are Collectors Insurance Agency Licensing Services, Intelligent Contacts, RevSpring, Solutions by Text, BillingTree, Interprose, and TCN. Recordings of past Daily Huddle sessions are also available.
 
Federal Advocacy Updates
 
Caller-ID Blocking (*67) and Compliance
 
Thursday’s Daily Huddle featured Number Sentry’s president, David A. King, who discussed call labeling and blocking. A member asked about caller ID blocking (or masking), i.e., star-six-seven (“*67”) and potential compliance concerns that may arise from that practice.
 
This question has several facets as it intersects many compliance vectors at the state and federal levels. For more information, see ACA SearchPoint #1168 (“Caller ID Issues”) and #3067 (“State Caller ID Laws.”) Access a recording of the Daily Huddle here.

SBA and Treasury Publish Informative Guidance on the CARES Act and the PPP
 
The Small Business Administration (SBA), in consultation with the Department of the Treasury, continues to provide guidance to address borrower and lender questions concerning the implementation of the Paycheck Protection Program (PPP), which was established as part of Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act). ACA International directs members to questions 46 and 47 as they address economic necessity certification and the safe-harbor extension.

The SBA indicated that the FAQ document will be updated on a regular basis.
 
HEROES Act Debate
In a 208-199 vote on Friday, the House passed the $3 trillion “Health and Economic Recovery Omnibus Emergency Solutions (HEROES) ACT,” which includes some provisions that will have a significant impact on the ARM industry. ACA’s advocacy team worked to have questions on behalf of the industry presented during the debate as it continues to educate Congress about troublesome provisions in the bill. The Senate is not expected to take up the full package from the House, and there will continue to be opportunities for Congress to remove the problematic provisions as it moves through both chambers. To review ACA’s working summary of the bill click here.
 
Here are the latest updates on state guidance:
 
Minnesota
On May 15, the Minnesota Department of Commerce issued new guidance regarding remote debt collection workers. This extends the remote worker guidance longer than the previous versions.
 
According to the new guidance, the department will not act against any licensee who allows their individual registered collectors to temporarily work from home as a precautionary measure and pursuant to Gov. Tim Walz’s executive orders.
 
This decision will continue through 30 calendar days after the expiration of any peacetime emergency or Aug. 30, 2020, whichever is later, as long as the following criteria are met:

  • The activity is conducted from the home location of an individual working on behalf of a Minnesota licensee;
  • The individual is working from home due to a reason relating to the COVID‐19 outbreak and has informed the licensee of such reason.
  • None of the activity will be conducted in person with members of the public from the home location; and
  • The licensee shall, at all times, exercise supervision of the activity being performed at the home office and ensure that appropriate safeguards and controls are in place to protect consumer information and data.

New Mexico
Gov. Michelle Lujan Grisham extended the state’s emergency public health order through May 31. The new order will allow most retailers to operate at 25% of their maximum occupancy as determined by fire code.
 
The new order begins Saturday, May 16, according to a press release from the governor’s office. Under the order, everyone will be required to wear a face mask in public spaces throughout the duration of the stay-at-home order.
 
Offices and call centers will be allowed to reopen with a 25% occupancy limit.
 
New York
On May 14, Gov. Andrew Cuomo issued an executive order extending many of the state’s existing orders requiring residents to stay at home, limiting social gatherings and requiring non-essential business closures until May 28.
 
In the order, Cuomo specified five regions that have reached public health and safety benchmarks set forth by the New York Department of Health and are able to begin Phase One reopening on May 15. View the New York business guidance for phase one reopening here.
 
Nevada
The Nevada Financial Institutions Division (NFID) sent out the guidance below to licensees regarding the extension of debt collection prohibitions in the state until May 30, 2020.  The NFID has clarified that the directive “applies to any collections involving Nevada residents. The agencies should contact each state regulator to ensure compliance in each state.”
 
To Whom It May Concern:
 
In the NFID's efforts to keep licensees apprised of events in the State of Nevada regarding collection agency operations, please be advised Governor Sisolak’s prior directives are extended until May 30, 2020. Therefore, the moratorium placed on collections has not been lifted.
  
ACA is awaiting possible updates on guidance from Massachusetts Gov. Charlie Baker on the stay at home order.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

Member Alert: Minnesota Issues New Remote Work Guidance for Debt Collectors

ACA International continues to monitor state and city updates and remains available as a resource for members during this difficult time of fast-moving and often ambiguous regulatory change. In addition, our team maintains regular direct and indirect communications with state and federal regulators to receive up-to-the-minute guidance on industry-relevant orders and emergency regulations, which we parse and report on at regular intervals.
 
Daily Huddle
 
Members are invited to join ACA’s team including CEO Mark Neeb, Vice President and Senior Counsel of Federal Advocacy Leah Dempsey, Corporate Counsel Colin Winkler and Vice President of State Government and Unit Affairs Andrew Madden for a Daily Huddle at 11 a.m., Central Standard Time weekdays.
 
Monday’s Daily Huddle will feature a discussion on managing media interview inquiries from John Rich, director, and Taylor Gross, partner, with The Herald Group public relations firm in Washington, D.C. Rich will share a quick checklist for members to have when receiving an inquiry. They will also outline high-level talking points they have found effective during the COVID-19 crisis.
 
Daily Huddle sponsors are Collectors Insurance Agency Licensing Services, Intelligent Contacts, RevSpring, Solutions by Text, BillingTree, Interprose, and TCN. Recordings of past Daily Huddle sessions are also available.
 
Federal Advocacy Updates
 
Caller-ID Blocking (*67) and Compliance
 
Thursday’s Daily Huddle featured Number Sentry’s president, David A. King, who discussed call labeling and blocking. A member asked about caller ID blocking (or masking), i.e., star-six-seven (“*67”) and potential compliance concerns that may arise from that practice.
 
This question has several facets as it intersects many compliance vectors at the state and federal levels. For more information, see ACA SearchPoint #1168 (“Caller ID Issues”) and #3067 (“State Caller ID Laws.”) Access a recording of the Daily Huddle here.

SBA and Treasury Publish Informative Guidance on the CARES Act and the PPP
 
The Small Business Administration (SBA), in consultation with the Department of the Treasury, continues to provide guidance to address borrower and lender questions concerning the implementation of the Paycheck Protection Program (PPP), which was established as part of Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act). ACA International directs members to questions 46 and 47 as they address economic necessity certification and the safe-harbor extension.

The SBA indicated that the FAQ document will be updated on a regular basis.
 
HEROES Act Debate
In a 208-199 vote on Friday, the House passed the $3 trillion “Health and Economic Recovery Omnibus Emergency Solutions (HEROES) ACT,” which includes some provisions that will have a significant impact on the ARM industry. ACA’s advocacy team worked to have questions on behalf of the industry presented during the debate as it continues to educate Congress about troublesome provisions in the bill. The Senate is not expected to take up the full package from the House, and there will continue to be opportunities for Congress to remove the problematic provisions as it moves through both chambers. To review ACA’s working summary of the bill click here.
 
Here are the latest updates on state guidance:
 
Minnesota
On May 15, the Minnesota Department of Commerce issued new guidance regarding remote debt collection workers. This extends the remote worker guidance longer than the previous versions.
 
According to the new guidance, the department will not act against any licensee who allows their individual registered collectors to temporarily work from home as a precautionary measure and pursuant to Gov. Tim Walz’s executive orders.
 
This decision will continue through 30 calendar days after the expiration of any peacetime emergency or Aug. 30, 2020, whichever is later, as long as the following criteria are met:

  • The activity is conducted from the home location of an individual working on behalf of a Minnesota licensee;
  • The individual is working from home due to a reason relating to the COVID‐19 outbreak and has informed the licensee of such reason.
  • None of the activity will be conducted in person with members of the public from the home location; and
  • The licensee shall, at all times, exercise supervision of the activity being performed at the home office and ensure that appropriate safeguards and controls are in place to protect consumer information and data.

New Mexico
Gov. Michelle Lujan Grisham extended the state’s emergency public health order through May 31. The new order will allow most retailers to operate at 25% of their maximum occupancy as determined by fire code.
 
The new order begins Saturday, May 16, according to a press release from the governor’s office. Under the order, everyone will be required to wear a face mask in public spaces throughout the duration of the stay-at-home order.
 
Offices and call centers will be allowed to reopen with a 25% occupancy limit.
 
New York
On May 14, Gov. Andrew Cuomo issued an executive order extending many of the state’s existing orders requiring residents to stay at home, limiting social gatherings and requiring non-essential business closures until May 28.
 
In the order, Cuomo specified five regions that have reached public health and safety benchmarks set forth by the New York Department of Health and are able to begin Phase One reopening on May 15. View the New York business guidance for phase one reopening here.
 
Nevada
The Nevada Financial Institutions Division (NFID) sent out the guidance below to licensees regarding the extension of debt collection prohibitions in the state until May 30, 2020.  The NFID has clarified that the directive “applies to any collections involving Nevada residents. The agencies should contact each state regulator to ensure compliance in each state.”
 
To Whom It May Concern:
 
In the NFID's efforts to keep licensees apprised of events in the State of Nevada regarding collection agency operations, please be advised Governor Sisolak’s prior directives are extended until May 30, 2020. Therefore, the moratorium placed on collections has not been lifted.
  
ACA is awaiting possible updates on guidance from Massachusetts Gov. Charlie Baker on the stay at home order.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

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