30-day closure is part of governor’s order on operations for non-essential businesses in response to COVID-19.
3/19/2020 12:30
**New Clarification from the Department – No Collections activity whether in office or from home**
Nevada is among the states issuing orders impacting collection agencies due to COVID-19.
ACA International is here as a resource for members during this time and beyond.
According to the announcement from the Nevada Department of Business and Industry – Financial Institutions Division:
Due to the COVID-19 outbreak and related concerns pertaining to person-to-person or community spread of the virus, Gov. Steve Sisolak ordered all non-essential businesses to close for 30 days as a proactive measure to fight spread of coronavirus, only essential businesses should remain open.
In addition, effective March 17, 2020, the Las Vegas Justice Court suspended issuing defaults on all civil actions, suspended issuing orders for the examination of a judgment debtor and suspended the issuance of any Writ of Execution. Any property garnished or attached after March 17, 2020, must be released back to the judgment debtor.
Based upon the above, a collection agency is deemed a non-essential business at this time. Accordingly, the Nevada Financial Institutions Division recommends to all collection agencies holding a license or registration under Nevada Revised Statutes Chapter 649 to close for 30 days, unless otherwise modified or withdrawn by Gov. Steve Sisolak.
The Financial Institutions Division followed up with the original announcement with the following message for clarification:
To provide clarification, collection agencies located in Nevada are recommended to close and agencies located out of state are recommended to pause collection efforts with Nevada consumers.
The department also provided additional details on compliance with working remotely and processing payments:
Can licensed agencies continue to operate remotely while remaining compliant with the working from home guidance?
Collection agencies located in Nevada are recommended to close and agencies located out of state are recommended to pause collection efforts with Nevada consumers so no collections whether in office or from home. Collection agencies should be mindful of the situation of many Nevada citizens adversely affected by COVID-19. Regulated collection agencies should support households in this time of crisis and prudently work with adversely affected customers.
Are non-collection activities that can be performed remotely allowed?
This should be okay.
Can agencies process payments that come in voluntarily?
Yes, if the consumer initiates the communication/payment and they want to pay and/or have the ability to do so.
Nevada has also issued a separate guidance on working remotely.
These sites on ACA’s home page will be updated regularly with additional information:
COVID-19: What Arm Pros Need to Know
For more information on how the ACA Licensing staff can assist with your licensing needs, please contact us at [email protected] or call (952) 926-6547.