Daily Digest - April 7, 2026

🎂 Happy Birthday to the following: Jason Smalarz of EverBank.

🎉 Congratulations for starting new positions: Ryan Hankin as Head of Operational Controls at PRA Group and Jes Villa as Vice President of Audit and Compliance at Second Round.

🏀 NCAA Pool Winners

There were 16 people who correctly picked Michigan to win the NCAA Mens’s Basketball championship, but only three of them can be winners. Congratulations to Olivia McDonald, Justin Miller, and Ralph Hall for coming in first, second, and third place. I will be reaching out with details for your prizes, thanks to Martin Golden Lyons Watts Morgan, TCN, Applied Innovation, Maxyfi, Debt$Net, and CSS Impact.

Logo Madness is Here!

It’s time to crown the best logo in the industry. Full bracket available here so you can track the competition. Click on the link underneath the logo to choose your winner. Voting is open for 24 hours.

Suit Accuses Law Firm, Attorney of FDCPA Violations Related to Collection Lawsuit

• Sometimes, it’s just one thing that sets a consumer off on a path to filing a lawsuit against a company in the credit and collection industry. Other times, like in this instance, it’s a bunch of things that sets a consumer off. A collection law firm and an attorney are facing claims of violating the Fair Debt Collection Practices Act and South Carolina state law for actions related to a lawsuit that was filed to collect on an unpaid debt.

• More details here.

• This series is sponsored by WebRecon

A MESSAGE FROM TCN

TODAY’S WEBINAR

UPCOMING WEBINARS

Gartner: AI Spending Surge Won’t Replace Your Agents; It Will Reshape Them

• More than half of customer service organizations are expected to double their technology spend by 2028, but here’s the part that should catch your attention: they’re not cutting headcount to pay for it. According to new research from Gartner, companies betting on AI to reduce labor costs are finding a very different reality; one where human talent becomes more important, not less. For operations focused on consumer engagement, including collections, this raises a critical question: are you investing in AI to replace people, or to make them more valuable?

• More details here.

New Jersey Court Keeps Hunstein Theory Alive in Letter Vendor Case

• A State Court judge in New Jersey has denied a motion to dismiss a Hunstein lawsuit, ruling that because letter vendors are not specifically mentioned in the Fair Debt Collection Practices Act as an exempted entity, any alleged communications between the defendant and the vendor it uses are not exempt, either. In doing so, the court embraced a strict, plain-language interpretation of Section 1692c(b) and signaled that, at least in New Jersey state court, the long-debated “letter vendor” theory remains very much alive despite federal courts largely sidestepping the issue on standing grounds.

• More details here.

Judge Rejects ‘Show Me the Contract’ Theory in FCRA Case Against Debt Buyer

• A District Court judge in North Carolina has granted a debt buyer’s motion to dismiss claims it violated the Fair Credit Reporting Act by not providing an original signed contract, and chain of title or forward flow agreement.

• More details here.

Maine Governor Signs Medical Debt Collection Bill Into Law

• Maine Gov. Janet Mills has signed into law a bill that will significantly limit how medical debt can be collected in Maine. The new law, LD 2129, prohibits liens on a consumer’s principal residence and wage garnishment when the underlying debt is medical in nature, continuing a broader trend of states reshaping the medical debt landscape.

• More details here.

WORTH NOTING: What happens when a corporate retreat goes very badly ... Why people feel like they can't get appointments with their physicians anymore ... A private equity firm has completed its purchase of a Canadian collection operation ... What to expect from the iPhone 18 ... Five simple, and cheap, things to help your house use less energy ... Here are six signs that your partner might be emotionally unavailable ... The housing market is heating up as Spring begins ... New research reveals how to keep mangoes fresh longer.

Trailer Tuesday, part I

Trailer Tuesday, Part II

Webinar Recap: The Consent You Need for Virtual, Electronic, and Digital communications

In a recent webinar hosted by Mike Gibb and sponsored by Halsted Financial, legal and compliance experts explored the evolving requirements for consumer consent in digital communications. While the legal definition of consent has remained stable, panelists emphasized that consumer expectations and regulatory scrutiny have shifted significantly with the rise of AI, chatbots, texting, and omnichannel platforms.

Nick Prola noted, “Legally not… but expectations have changed,” highlighting that informed consent is now the standard. John Henson added, “Compliance is pretty easy—you tell the consumer what you’re going to do and then go do that,” but warned that legacy consents often fail to cover modern technologies like AI voice calls. Katie Neill outlined three categories of consent—general, written, and highly specific (e.g., e-sign)—and stressed the importance of operationalizing consent workflows.

Panelists also discussed pitfalls such as relying on outdated consent flags in legacy systems, failing to track changes in consent language, and overlooking risks tied to reassigned phone numbers. As Daniel McCusker explained, reviewing underlying contractual language and opt-out processes is critical to avoiding litigation.

🧠 Key Takeaways:

• Audit and memorialize consent workflows: Ensure systems capture what consumers agreed to, when, and under what language.

• Leverage reassigned number databases: Protect against TCPA violations and third-party disclosures by verifying phone number ownership.

• Balance compliance with consumer experience: Avoid excessive friction (e.g., repeated consent prompts) that discourage engagement and erode trust.

This session underscored that while laws may lag behind technology, consumer expectations are driving higher standards. Organizations must proactively adapt consent practices to align with modern communication channels, ensuring both compliance and consumer confidence.

Did you know you can get full access to all of my past webinars, along with transcripts and summaries of each, for only $29/month? Sign up to be a premium subscriber today!

The Daily Digest is sponsored by TCN