Senate Bill 2639

AN ACT TO ALLOW CONSUMER FINANCE LICENSEES TO WORK FROM A REMOTE LOCATION UNDER CERTAIN CIRCUMSTANCES; TO AUTHORIZE THE COMMISSIONER OF BANKING AND CONSUMER FINANCE TO PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Notwithstanding any provision of law to the contrary, a licensee under Title 75, Chapter 67, Mississippi Code of 1972, may allow an employee to work from a remote location if the licensee:

(a) Ensures that in-person consumer interactions will be conducted at a licensed location;

(b) Maintains appropriate safeguards for license holder and consumer data, information and records, including the use of secure virtual private networks where appropriate;

(c) Employs appropriate risk-based monitoring and oversight processes for work performed from a remote location and maintains records of those processes;

(d) Ensures that consumer information and records are not maintained at a remote location;

(e) Ensures that licensee and consumer information and records, including written procedures and training for work from remote locations authorized under this act, are accessible and available to the Commissioner of Banking and Consumer Finance or the commissioner's representative on request;

(f) Provides appropriate employee training to:

(i) Keep all conversations about and with consumers conducted from a remote location confidential as if conducted from a licensed location; and

(ii) Ensure that remote employees work in an environment conducive and appropriate to consumer privacy; and

(g) Adopts, maintains and follows written procedures to ensure that:

(i) The license holder and the license holder's employees comply with this section and applicable law; and

(ii) The employees do not perform an activity that would be prohibited at a licensed location.

(2) The Commissioner of Banking and Consumer Finance may promulgate rules and regulations necessary for the implementation of this act.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.