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- Daily Digest - July 27, 2026
Daily Digest - July 27, 2026
Brought to you by: TCN | By Mike Gibb
Mike Gibb
July 27, 2026
🎂Happy Birthday: Jenna Leigh Guyton of Americollect, Angela Benach of InDebted, Starr Judd of Solutions by Text, and Rick Roark of RevSpring. Happy belated Birthday to: Nick Kalamotousakis of Nationwide Credit & Collection Inc. (July 26), Shannon Miller of Maurice Wutscher (July 26), Cory Jacobs of Equifax (July 26), and Ronald Canter of The Law Offices of Ronald S. Canter, LLC (July 25).
🎉Congratulations for starting new positions: Thomas Perrotta as Director of Sales at National Recovery Agency (NRA), Scott Hoffman as Head of Legal Recovery at Bounce, Kristina Black as Legal Department Manager at Scs Credit Corp, and Jeff Berkson as Chief Banking Officer, at Flex.
NEW AI SURVEY … CLOSING SOON
Have 90 seconds to help me out? Take this quick survey, sponsored by TCN, on how you are using AI, what you like about it, and what frustrates you.
New Digital Communications Report
The industry is optimistic. Placements are expected to climb. Consumers, it turns out, are more ready for digital than the businesses serving them.
New AI Event!
I am thrilled to announce a new live conference I am hosting. It’s an AI conference for the credit and collection industry. It will be held in Denver this September. Check out getbrainstorming.com for more information. And watch the video below to see me showcasing my outdoor skills.
If you are interested in being a speaker at the event, click here.
House Republicans Float Sweeping CFPB Overhaul, Seek Industry Feedback
Attorneys excluded from the definition of "debt collector." Complaint narratives pulled from public view. Penalty caps slashed and a 180-day window to cure self-identified violations. A new discussion draft from the House Financial Services Committee touches nearly every pain point the industry has with the CFPB, and lawmakers want to hear from you by August 21. What else is buried in the five-title draft, and what would it mean for your operation?
A MESSAGE FROM TCN
TODAY’S WEBINAR
UPCOMING WEBINARS
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State Appeals Court Affirms Dismissal of FDCPA Class Action Over Use of Letter Vendor
A plaintiff argued that sending her information to a letter vendor violated the FDCPA's third-party communication ban, backed by federal appellate decisions supporting her theory. A New Jersey Appeals Court called her reading of the statute "wooden," compared the vendor to a telephone operator, and pointed out something federal circuit rulings can't do in state court. See why this ruling matters for anyone using outside vendors to generate consumer communications.
Judge Grants Motion to Compel Arbitration in Case Against Bank, Debt Buyer
The plaintiffs claimed the arbitration clause was buried, too expensive, waived, and unenforceable by companies that never signed it. A federal judge in Arkansas took each argument apart, including one plaintiff's own admission at the hearing that undercut the cost claim. See how the ruling handles the question every debt buyer wants answered: whether a non-signatory can enforce arbitration at all.
New Standard Asks One Question of AI: Is It Actually Working for the Consumer?
Consumer Reports has released what it calls the first consumer-centered AI standard for financial services, and it treats a chatbot telling people what they want to hear as an "honesty failure" on par with manipulation. The framework is voluntary, but the survey numbers behind it describe a public primed for new oversight, and its escalation requirements map directly onto the agent-assist tools already common in collections. Find out where your AI deployment stands before an examiner asks.
Before Building That Venmo Option, Read This: Millennials Still Paying Mostly With Plastic
The generation that made digital commerce routine is still reaching for debit and credit cards at rates that may surprise anyone budgeting for new payment rails. New data reveals the gap between payment interest and payment behavior, and the two findings that matter most for collection strategies aimed at this cohort.
State Appeals Court Sides with Debtor Who Proved He Answered Discovery
A state Court of Appeals in Texas has reversed a trial court order appointing a post-judgment receiver to collect on a credit card judgment, ruling that the plaintiff offered no evidence to support its motion.
Compliance Digest - July 27
A New Jersey appellate reversal that faults a court order for describing a hearing that never happened, the CFPB's September timeline for revisiting the larger participant rule, a bill that would cut the credit reporting window to four years, New York's proposed BNPL regime, and more. Ten of the industry's sharpest compliance minds -- John Culhane, Virginia Bell Flynn, Julia Stiner, Mitch Williamson, Ari Derman, Stephanie Strickler, Chuck Dodge, Heath Morgan, Laurie Nelson, and Jeff Turner -- break down what this week's biggest developments actually mean for your business.
This series is sponsored by Frost Echols
WORTH NOTING: Seven ways in which anyone can build wealth ... A published report details how officials at the Federal Communications Commission accepted gifts from a company seeking a billion-dollar merger ... Buy Now, Pay Later usage is close to reaching an all-time high ... Millions of Americans are waiting longer to start claiming Social Security benefits ... How what's going on in your mouth could hold the secrets to living a longer and healthier life ... A handful of skills to help you de-escalate stressful situations ... A former child star reveals how much she makes in residuals, 20 years after she was on TV ... How to make Google Maps and Apple Maps show you the fastest route, every time.
Music Monday, part I
Music Monday, Part II
Webinar Recap: The Bona Fide Error Defense and Other Litigation Fundamentals
In a recent webinar hosted by Mike Gibb of AccountRecovery.net, industry experts Lauren Burnette (Messer Strickler Burnette), Chad Echols (Frost Echols), and Patrick Newman (Bassford Remele) examined the complexities of the bona fide error (BFE) defense under the Fair Debt Collection Practices Act (FDCPA).
The panel explained that while the statute provides debt collectors a defense for unintentional violations made despite reasonable procedures, courts have narrowed its application over decades of case law. As Burnette noted, “We’ve always done it this way does not get any mileage whatsoever with courts.”
Echols compared proving BFE to a “Maverick mission” - possible but difficult - stressing that agencies must evaluate early whether the defense is viable. Newman highlighted inconsistencies in how courts treat client data errors, underscoring the importance of strong agreements and audits.
The discussion also emphasized witness preparation. Echols observed that success often hinges on credibility: “There is no difference between likability and credibility. They are the same thing to a jury.” Burnette added that strong witnesses can bridge gaps between generic policies and specific case facts.
Ultimately, while BFE remains a challenging defense, it can be valuable in negotiations and trial strategies when backed by robust compliance systems and credible testimony.
🧠 Key Takeaways:
Audit and Document Compliance Systems: Courts expect evidence of active, ongoing compliance programs, not just policy manuals.
Strengthen Witness Preparation: Train compliance officers and staff to testify confidently and credibly about policies and procedures.
Evaluate Data Integrity Controls: Ensure systems catch client data errors (e.g., miskeyed Social Security numbers) and document safeguards.
This webinar reinforced that the bona fide error defense is not a “get out of jail free card” but a narrowly applied tool requiring operational rigor, strong documentation, and effective courtroom presentation.
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
