Daily Digest - December 2, 2025

🎂 Happy birthday to: Sean Clark of Provana.

🎉Congratulations for starting a new position: Tonia Brown as Vice President, Network Compliance at Everchain.

New Speakers Being Added Daily

Check out ARMTech.live for the growing list of impressive speakers who are going to be in Dallas. This is going to be the must-attend event of the year!

Suit Accuses Collector of Sending Letter to Plaintiff’s Brother

• Third-party disclosures are at or near the top of the worry list for just about every collection operation. Just sending a letter or email or text message to someone other than the intended recipient is not enough to trigger a third-party disclosure violation of the Fair Debt Collection Practices Act. The intended recipient needs to find out that a communication was made to someone else in order for their to be a violation. A collection operation is facing a lawsuit in Virginia over claims that it violated the FDCPA because it sent a Model Validation Notice to someone other than the plaintiff and the plaintiff found out.

• More details here.

• This series is sponsored by WebRecon.

A MESSAGE FROM TCN

TODAY‘S WEBINAR

UPCOMING WEBINARS

CFPB FDCPA Report Offers Insights Into Complaint Trends

• One of the most attention-getting insights from the CFPB’s 2025 FDCPA Annual Report is that collectors, in some cases, continued placing more than 100 calls after a consumer asked them to stop. While still infrequent across the industry, this type of finding is the kind of example regulators highlight to help organizations refine policies and strengthen compliance controls. The Bureau’s analysis shows how consumer expectations are evolving and where the industry has the greatest chances to improve communication, timing, and documentation practices.

• More details here.

Judge Dismisses FDCPA Claim Over Repossession Threats

• A District Court judge in Pennsylvania has granted a credit union’s motion to dismiss claims it violated the Fair Debt Collection Practices Act because it threatened to repossess a vehicle after the plaintiff stopped making payments.

• More details here.

Judge Denies MTD in FCRA Case Over Allegedly Misleading Background Check

• A District Court judge in Maryland has denied a defendant’s motion to dismiss claims it violated the Fair Credit Reporting Act over information that was included in a background check that led to a delay in the plaintiff being hired for a new job.

• More details here.

States Question BNPL Lenders as Missed Payments Rise and Federal Protections Recede

• A coalition of seven state attorneys general has opened a coordinated inquiry into the nation’s largest buy-now-pay-later (BNPL) providers, seeking detailed information to determine whether their products are placing consumers at financial risk or violating state consumer protection laws. Letters were sent to Affirm, Afterpay, Klarna, PayPal, Sezzle, and Zip.

• More details here.

WORTH NOTING: Signs you are being sold a debt relief scam ... Redefining digital transformation in regulated industries like debt collection ... The most important factor in people's next career step? Health insurance ... There are still chances to take advantage of Cyber Monday sales ... The word of the year for 2025 is actually two words ... Not having a Real ID is going to start costing you at airports ... Homebuyers are taking advantage of sellers dropping their asking prices ... How meetings can harm employee well-being.

Trailer Tuesday, part I

Trailer Tuesday, Part II

Webinar Recap: The Future of Communicating: Dialing In on Consent

Consent is rapidly becoming the cornerstone of consumer communication in the credit and collections industry. In a recent webinar hosted by AccountsRecovery.net and sponsored by TCN, panelists John Henson (Henson Legal) and Katie Neill (TrueAccord) unpacked the evolving regulatory landscape and the operational challenges of managing consent across multiple channels.

Mike Gibb opened by noting that “consent is becoming the new currency of communication,” setting the stage for a discussion on why confusion persists despite years of focus. Katie Neill explained that “there are a whole wide variety of different consents that apply to all the different laws and regulations that govern us,” while John Henson emphasized that every word in consent language matters: “I need consent to talk to you about X and then I try to talk to you about Y and Z…that is when we start getting into trouble.”

The panel highlighted the complexity of tracking TCPA requirements (ATDS, prerecorded voice, artificial voice), state-specific rules (such as New York’s email consent), and consumer preferences that function like revocations. Revocation itself is a growing challenge, with the FCC requiring “reasonable requests” to be honored—even when phrased in non-standard ways. Technology, including AI-driven tools, was identified as critical to processing these requests quickly and accurately.

The conversation also touched on regulatory uncertainty, including delayed enforcement of the FCC’s “Revoke All” proposal and vacated rules around one-to-one consent. Panelists urged agencies to prepare for shifting standards while maintaining granular records of consent.

🧠 Key Takeaways:

• Track consent in detail: Break down consent into specific categories (ATDS, prerecorded, artificial voice, email) rather than relying on a single flag.

• Strengthen revocation processes: Implement systems—ideally with AI support—that can recognize both standard and non-standard consumer requests.

• Stay ahead of regulatory changes: Monitor FCC proposals and state-level rules closely to adapt operations before enforcement deadlines.

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