The Washington State Collection Agency Board met Jan. 5 to hear public comment on the proposed permanent rule allowing employees of licensed collection agencies to work remotely with proper procedures in place.
1/8/2021 15:30
After spending much of 2020 on its development, Washington is due to become one of the first states with a permanent rule on remote work for licensed collection agencies.
A temporary rule, created in response to COVID-19, has been in place since June 2020 and is set to expire on Feb. 17, 2021, ACA International previously reported.
The permanent rule is expected to greatly expand options for the accounts receivable management (ARM) industry and set a precedent for other states to follow suit.
The Washington State Collection Agency Board (CAB) held a public hearing on the rule Jan. 5 and accepted written comments until that date. Chair Frederick Wade said the board did receive numerous written comments. There were no verbal comments during the hearing.
The permanent rule would allow licensed agencies to continue to offer the public their necessary services if the required security measures and data storage requirements and detailed definitions and requirements of remote work are in place, according to the Washington State Department of Licensing.
This rule has been at the heart of advocacy efforts for ACA in Washington. ACA’s Vice President of State Unit and Government Affairs Andrew Madden and ACA member Kevin Underwood, attorney with Linebarger Goggan, Blair & Sampson, LLP, serve among six subject matter experts on the CAB Rule Committee. The committee also includes two CAB members, including ACA member Mark Case, general counsel for Receivables Performance Management LLC.
Madden said the permanent rule could be released as early as the week of Jan. 11 and is expected to take effect prior to the temporary rule expiring. The board will meet Jan. 12 to further consider the rule, according to a meeting notice.
Industry stakeholders on the rule committee are advocating for the permanent remote work rule to focus on issues related only to remote work and to keep other requirements, such as call recording and monitoring specific to performing collection activities, separate.
The rule, once finalized, will be reviewed on an annual basis.
The new section of the WAC considered at the Jan. 5 meeting covers new remote work requirements, including maintaining a list of employees working in a “virtual office,” an equipment list and details of the necessary employee remote work agreement. The agreement must be signed by employees working offsite and outlines data security and call review requirements, specifically “that an employee must be advised that the employee’s collection agency activities are subject to review and calls to and from the virtual office will be monitored and recorded.”
ACA will provide an update when the permanent rule is issued and continues to work with other states expected to issue rules this year.
Related Content from ACA International:
Washington Collection Agency Board Extends Remote Work Rule into February
Punching the Clock: Washington State Advances Talks on Remote Work Rule