Digital channels – SMS, email, push notifications, chatbots, RCS, and social media – are now central to collection operations, but they bring new disclosure and consent obligations. In this webinar, sponsored by Concept2Code, panelists emphasized that disclosures in digital communications are fundamentally the same as those required in letters, yet the format and delivery method create unique challenges.
Brit Suttell noted, “A disclosure is a disclosure… the distinction comes with how you’re presenting it.” David Kleber reinforced that digital messages are written communications subject to FDCPA requirements, while Mark Reinhard raised questions about whether links or PDFs in texts count as delivered disclosures.
A major focus was the use of AI in consumer interactions. Josh Stevens cautioned, “If you’re trying to pass off an AI agent as a human, that’s deceptive to a consumer.” Regulators increasingly view undisclosed AI use as a UDAP issue, making transparency essential. Panelists also discussed TCPA case law splits on whether texts qualify as “calls,” with courts divided and the issue likely headed to the Supreme Court.
The consensus: disclosures must be clear, accessible, and tailored to digital formats, while companies should proactively address emerging risks tied to AI and evolving case law.
🧠 Key Takeaways:
- Audit digital communications: Ensure required disclosures (Mini‑Miranda, opt‑outs, licensing notices) are properly formatted across SMS, email, and portals.
- Disclose AI use: Clearly inform consumers when they are interacting with AI and provide an option to connect with a human agent.
- Monitor jurisdictional differences: Stay updated on TCPA case law splits and state‑specific disclosure requirements to avoid compliance gaps.
This summary highlights the practical compliance challenges your audience faces and provides actionable steps to strengthen digital communication strategies while reducing regulatory risk.
