Mass. Regulator to Allow WFH For All Licensed Entities, Including Collectors

The Massachusetts Division of Banks — which regulates debt collectors in the Commonwealth — has formally authorized guidance that will allow for the “continued operation for personnel to operate remotely from non-licensed locations,” meaning that companies can have employees working remotely, including from their homes.

The guidance was originally put into place in March 2020 as a response to the COVID-19 pandemic, but even though the pandemic may be coming to an end, “the remote work model has been highly successful, and offers many benefits to both companies and staff,” the regulator noted in its guidance. The updated guidance “will continue permanently, unless otherwise modified or withdrawn” by the Division of Banks.

Companies wishing to continue having employees working remotely will have to follow a number of conditions and restrictions, including:

1. The licensee or registrant shall not advertise or otherwise hold the unlicensed location out to the public as a place of business;
2. The individual working remotely may only engage in activities that may be accomplished safely and in compliance with all applicable laws, regulations, and Division guidance;
3. The individual is strictly prohibited from conducting any in-person customer interactions at the remote location;
4. The licensee or registrant must have established security protocols in place to permit staff working remotely to securely access systems through a virtual privacy network (VPN) or other secure system;
5. The licensee or registrant must have policies and procedures in place to safeguard company and customer data, information, and records, whether in paper or electronic format, and to protect against unauthorized or accidental access, use, modification, duplication, destruction, or disclosure of such confidential information;
6. Sensitive customer information will be protected consistent with appropriate cybersecurity protocols and best practices;
7. Licensees and registrants must ensure adequate supervision of personnel working remotely, consistent with established policies and procedures and best practices;
8. Information regarding the specific activities conducted by personnel via telework/remote work will be maintained by the licensee or registrant and available upon request by the Division; and
9. Licensees and registrants with personnel working remotely must continue to comply with all applicable statutes, regulations, and Division guidance, including but not limited to, 209 CMR 48.00: Licensee Record Keeping.