Daily Digest - December 22, 2025

🎂 Happy Birthday to: Simon Holmes of Frontline Asset Strategies, and Andrew Landrum of Block. Happy belated Birthday to Crystal Byerly of Williams & Fudge (Dec. 21), and Tiffany Hill of Spring Oaks Capital (Dec. 21).

🎉Congratulations for starting new positions: Lisa Pietrafitta as Data Engineer at Dedicated Financial GBC, and Luis A Chacon Monterrosa as Collections Operations Manager at Félix

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!

Judge: Collector Must Do More Than Say a Letter Was Mailed

• The mailbox rule asserts that as long as a collector says a letter was mailed to a consumer, then a judge can assume that the letter was received by the consumer. But how do you prove a letter was mailed? A District Court judge in Kentucky has raised that very question, and in doing so, denied a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case that claims the defendant never sent a letter to the consumer that, among other things, advised him of his right to dispute the debt and seek verification. The judge did grant the defendant’s motion on several other claims, however.

• More details here.

A MESSAGE FROM TCN

TODAY‘S WEBINARS

UPCOMING WEBINARS

Democrats Press DOJ for Answers on CFPB Case Transfers Amid Fears of Backdoor Shutdown

• Two top House Democrats are demanding clarity from Attorney General Pam Bondi after reports surfaced that the Consumer Financial Protection Bureau is transferring all of its active enforcement litigation to the Department of Justice; a move they warn could effectively dismantle the agency while ongoing court orders remain in place.

• More details here.

Court Applies Recent Third Circuit Guidance to Dismiss Pro Se FCRA Dispute Investigation Case

• Invoking recent caselaw from the Court of Appeals for the Third Circuit, a District Court judge in New Jersey has granted a defendant’s motion to dismiss claims it violated the Fair Credit Reporting Act for not conducting a reasonable investigation after being notified by the plaintiff of alleged inaccuracies on her credit report. The ruling reinforces a growing line of cases across the circuit that require consumers to plead more than generalized complaints about “inaccurate” information to proceed under the FCRA.

• More details here.

HFMA Survey: 80% of Health Systems Now Deploying GenAI in the Revenue Cycle

• A new national survey conducted through HFMA’s Pulse Survey program reveals rapid movement among hospitals and health systems toward generative AI solutions in the revenue cycle, with 80% now exploring, piloting, or implementing GenAI tools, up from 58% in 2023, representing 38% growth in under two years.

• More details here.

Compliance Digest – December 22

• Insights from 10 different leading compliance experts on case law and other compliance developments that you need to read to stay informed and make informed decisions. Thanks to Lori Quinn, Chad Echols, Joann Needleman, Jason Tompkins, Chuck Dodge, Brooke Conkle, Michael Poncin, Lauren Burnette, Xerxes Martin, and James K. Schultz for sharing their insights.

• More details here.

• This series is sponsored by Bedard Law Group

WORTH NOTING: The governor of New York has signed a coerced debt bill into law ... A lot of consumers are willing to pay more for things in order to avoid negotiating ... Hospitals and healthcare systems are likely to face more financial pressures in 2026 ... A Harvard professor on how hospitals make medical debt a bigger problem ... One man's quest to use cash to help him save money ... AI photos are challenging individuals looking to buy new houses ... Consumers are heading into the holidays feeling a lot worse about the state of the economy than they did at this time last year ... A look at what food safety experts won't order when dining out.

Music Monday, part I

Music Monday, Part II

Webinar Recap: A Look Ahead to 2026

In this annual forward-looking webinar, industry leaders reflected on the state of the credit and collections industry and shared expectations for 2026. The panel agreed that the past year exceeded expectations, driven by a more favorable regulatory environment, renewed willingness to innovate, and accelerating adoption of digital engagement and AI. Several panelists noted that the reduced intensity of federal oversight created space to experiment with new technologies and processes, leading to improved morale and operational performance. As one panelist observed, it felt like “a year where we were able to breathe a little.”

Looking ahead, optimism remains high. Panelists rated the industry’s 2026 outlook between an “eight” and a “pessimistic nine,” citing opportunities to modernize operations, improve consumer experience, and lower cost-to-collect. At the same time, they cautioned that regulatory risk has not disappeared—it is shifting. While federal activity may remain muted in the near term, state-level enforcement and litigation are expected to increase, particularly around credit reporting and healthcare-related issues.

Technology—especially AI—emerged as the dominant theme shaping the future. Panelists shared real-world examples of AI improving quality assurance, training, internal productivity, and consumer communications. They emphasized that AI should enhance human decision-making, not replace it, and warned that organizations delaying adoption risk being left behind. Consolidation also remains active, with private equity continuing to favor technology-enabled, operationally mature firms.

🧠 Key Takeaways:

• Establish AI governance now. Implement clear AI policies, training, and controls to manage risk while enabling innovation.

• Accelerate digital engagement. Expand use of text, email, portals, and automation to meet consumer expectations and reduce costs.

• Stay proactive on regulation. Monitor state-level activity closely and remain engaged in industry advocacy to prepare for shifting enforcement priorities.

Webinar Recap: The First 30 Seconds: A Look at What Predicts Successful Consumer Engagement

In a recent webinar hosted by accountrecovery.net and sponsored by Fiber by Clerkie, industry leaders explored how the first 30 seconds of a consumer interaction can set the tone for success in collections. Panelists included Jim Beck (MRS BPO), John Fuller (Solvent Plus), Jenna Petro (First Financial Resources), and George Smith (Clerkie).

The discussion centered on how collectors can avoid premature judgments, leverage prior communications, and use empathy and education to build trust. Beck cautioned against agents making snap decisions: “I don’t always believe that every agent is accurate at it… even those that are good are not accurate 100 percent of the time.” Fuller emphasized that while impressions form quickly, agents should resist concluding too early, noting that right‑party verification often resets the conversation. Petro stressed professionalism and empathy: “Think of it as your one and only opportunity to speak with this person.”

Technology’s role was highlighted by Smith, who explained how integrated tools like natural voice, chat, and AI assist can help agents optimize conversions and personalize engagement. Panelists agreed that aligning digital and phone strategies is critical to avoid consumer frustration when offers differ across channels.

Ultimately, the webinar underscored that successful engagement is less about rigid scripting and more about active listening, disarming resistance, and guiding consumers toward solutions.

🧠 Key Takeaways:

• Train agents in active listening and adaptive engagement. Encourage collectors to identify cues, match consumer tone, and avoid robotic scripts.

• Leverage prior communications to personalize conversations. Reference past emails, portal visits, or broken promises to show awareness and continuity.

• Integrate technology to support agents. Use AI‑powered tools and centralized data to align offers across channels and extend consumer willingness to engage.

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