Daily Digest - July 8, 2025

Brought to you by: TCN | By Mike Gibb

Author

Mike Gibb
July 08, 2025

📝 EDITOR’S NOTE: Scroll down to the bottom for a recap and highlights from yesterday’s webinar.

🥳 🎂 Happy Birthday to: Doug Handschumacher of World Credit Recovery, Thomas Von Eschen of SchoolsFirst Federal Credit Union, Eric Najork of CBHV, Danny Cantrell of Powered by Text, Robert Rock of Trajector, Jeff Ritner of Joseph, Mann & Creed, and David McCullough of RevSpring.

🙌 🎉 Congratulations to Eugenia Rosales, who was promoted to Director of Legal at Resident Interface, Peggy Costa, the new Vice President of Relationship Management at JJ Marshall, and Jordon Mullins, the new Collections and Recovery Operations Manager at College Ave.

More than 35 speakers have confirmed for ComplianceCon. Check out who will be speaking and more at Compliance-Con.com.

New Report Published!

Explore how the ARM industry is adapting to shifting digital expectations, rising data complexity, and emerging technologies — all backed by insights from 41 key data points.

Collector Facing Class-Action FDCPA Suit for Emailing After Plaintiff Unsubscribed

  • A collection operation is facing a class-action lawsuit for allegedly violating the Fair Debt Collection Practices Act and Regulation F because it sent emails to the plaintiff after the plaintiff allegedly unsubscribed from receiving emails from the defendant.

  • More details here.

  • This series is sponsored by WebRecon

A MESSAGE FROM TCN

TODAY‘S WEBINAR

UPCOMING WEBINARS

N.J. Appeals Court Affirms Ruling Over Attempt to Vacate Judgment

  • A New Jersey appeals court has affirmed a lower court’s ruling denying a consumer’s motion to vacate a default judgment because she waited too long and took other legal steps before seeking to vacate the judgment.

  • More details here.

Auto Lender Discloses Data Breach Involving Vendor

  • Another cautionary tale about the importance of information security and the issues that you face when working with third parties after a major auto lending operation was forced to disclose a data breach related to one of its vendors.

  • More details here.

Rising Rates, Inflation, and Distrust Are Reshaping Consumer Financial Habits

  • A new survey from WalletHub reveals a complex consumer banking landscape shaped by inflation anxiety, interest rate sensitivity, and a growing desire for transparency and tech-savvy tools. For the credit and collection industry, the data offers insights into shifting consumer behavior that could impact repayment strategies.

  • More details here.

WORTH NOTING: Amazon Prime Day/Week is here. Here is a breakdown of some of the best deals ... How to make yourself less appealing to mosquitoes ... Why the world needs more people ... Chuck E. Cheese is going after the adult market ... Where people got raises last week because minimum wage increased ... American Airlines is using AI to help predict which people are going to miss flights ... Scientists have found four distinct routes that lead to Alzheimer's disease ... Who is AI going to hurt more? Entry-level workers or experienced employees?

Trailer Tuesday, part I

Trailer Tuesday, Part II

Webinar Recap: The Disclosures You Need to Make When Communicating via Email and Text

Another gray area in the world of digital compliance got some clarity — and plenty of caveats — on what disclosures must (or should) be made when communicating with consumers via email and text.

The panel of legal and compliance experts included Virginia Bell Flynn (Troutman Pepper), Rami Haddad (PRA Group), and Lorraine Lyons (Martin, Golden, Lyons, Watts, Morgan), who shared insights on navigating a patchwork of federal and state rules, how to evaluate risk, and what’s changed with shifting interpretations from courts and regulators.

Why it matters: The communication rules around emails and texts aren’t as straightforward as traditional letters or phone calls. Between the FDCPA, Regulation F, TCPA, E-SIGN, CAN-SPAM, and dozens of state laws — not to mention recent court rulings — collection agencies are left wondering what disclosures must appear in what message, and how to present them.

Key Takeaways:

  1. Disclosures depend on message type, timing, and jurisdiction.

    • If a message is the “initial communication” (as defined under Reg F or state law), you may be required to include validation language or other specific notices.

    • Some states, like California and Colorado, mandate license number or time-barred debt disclosures in every communication — including digital.

  2. Hyperlinks can be risky, especially in SMS.

    • Using a link to access required disclosures (like a validation notice) may not satisfy legal requirements in some jurisdictions, especially if not labeled clearly. In general, experts recommend avoiding hyperlinks for statutorily required disclosures in text messages.

  3. Context and content determine compliance risk.

    • Whether a message is “in connection with the collection of a debt” can dictate what needs to be disclosed. A payment reminder might qualify, while a “thank you” note after full payment may not. The “animating purpose” of the message is key.

Bottom line: There’s no one-size-fits-all answer. Agencies should develop a state-by-state checklist, stay on top of evolving case law, and assess their appetite for compliance versus litigation risk. And yes — if you’re skip tracing or using third-party data to determine where a consumer has moved, that could change which state’s disclosures you need to include.

Did you know that premium subscribers get full access to transcripts, summaries, more highlights, and full recordings of every webinar? That’s thousands of hours of content, available for just $29/month for an individual subscription or $99/month for a company subscription. Click here to subscribe as an individual or email me to sign up your company.

The Daily Digest is sponsored by TCN