Back to debt-digest.com Terms of Service

Platform terms governing use of Debt Digest.

These Terms of Service govern access to and use of the Debt Digest platform by creditors, settlement firms, and consumers. The full counsel-tier compliance posture (FDCPA / Reg F identity, Mini-Miranda treatment) is published at /legal.

Effective date
Entity
Debt Digest, Inc. (Delaware C-Corp)
Contact
pgvanderwolk@gmail.com
Version
1.0
Last reviewed
Governing law
State of Delaware

1. Acceptance of these Terms

These Terms of Service (the “Terms”) form a binding agreement between Debt Digest, Inc., a Delaware corporation (“Debt Digest,” “we,” “us,” or “our”), and the entity or individual accessing or using the Debt Digest website, application programming interfaces, and platform (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a legal entity (for example, a credit union, bank, fintech lender, debt buyer, or settlement firm), you represent that you have authority to bind that entity. If you do not agree, do not use the Service.

2. What the Service is

Debt Digest provides delinquency-lifecycle software and services that connect creditors with the consumers whose accounts they own, for the purpose of resolving delinquent obligations through structured intervention, automated communications, settlement offers, and payment plans configured and approved by the creditor of record.

Debt Digest is a technology service provider. Debt Digest is not a lender, is not a law firm, does not provide legal advice, does not extend credit, and is not a debt collector. On accounts placed via the Intercept product (pre-charge-off intervention, 30–119 days past due), Debt Digest hosts the data and transmits at the creditor’s direction; the creditor remains the party of record. Debt Digest sits outside the “debt collector” definition of 15 U.S.C. §1692a(6) altogether, not inside an exemption to it: it is a service provider under Reg F (12 CFR §1006.2(e)), the CFPA (12 U.S.C. §5481(26)), and the CCPA (Cal. Civ. Code §1798.140). The counsel-tier identity matrix per product layer is published at /legal.

3. Eligibility and Account Registration

You must be at least 18 years old and capable of forming a legally binding contract to register or use the Service. Creditors and settlement-firm users must be a duly organized legal entity in good standing in the United States.

You agree to provide accurate, current, and complete information when registering and to keep that information current. You are responsible for safeguarding the confidentiality of your credentials and for all activity that occurs under your account. Notify us immediately at security@debt-digest.com if you suspect unauthorized access.

4. Creditor Obligations and Representations

If you access the Service as a creditor (or as the authorized agent of a creditor), you represent and warrant to Debt Digest, on a continuing basis, that:

  • You hold the legal right to the consumer obligations you place on the platform, or you act under a valid authorization from the party that does.
  • Each account you upload reflects an accurate principal balance, accurate consumer identity, and an accurate creditor-of-record name as it must appear in consumer-facing communications.
  • You have not received notice that the consumer is represented by counsel, has filed for bankruptcy protection, is deceased, is on active military duty entitled to SCRA protections, or has otherwise revoked authorization to communicate, except as you have flagged on the account record.
  • You will configure settlement terms, discount percentages, payment timelines, and outreach cadence in a manner consistent with the Fair Debt Collection Practices Act (FDCPA, 15 U.S.C. §1692 et seq.), Regulation F (12 CFR Part 1006), the Telephone Consumer Protection Act (TCPA, 47 U.S.C. §227), the Servicemembers Civil Relief Act (SCRA, 50 U.S.C. §3901 et seq.), and any other federal, state, or local law applicable to the underlying obligation.
  • You retain final responsibility for FDCPA, Reg F, UDAAP, and state-law compliance on the accounts you place. Debt Digest is a technology platform that supports compliance through code-level guardrails, audit logging, and configuration constraints, but the underlying regulatory obligation is yours as the creditor of record.
  • You will respond to consumer disputes routed to you by the platform within the time windows required by FDCPA §1692g and Reg F §1006.34, and you will not authorize the resumption of collection activity on a disputed account until the dispute has been resolved.
FDCPA §805(a)(2) NDR firewall

Counsel / NDR firewall is mandatory.

Where Debt Digest has actual knowledge that a consumer is represented by counsel or by a debt-settlement firm, all direct outreach to the consumer is suspended and routed to you for handling, under FDCPA §805(a)(2). The firewall is enforced at the outreach pipeline. Do not attempt to override it.

5. Consumer Rights

If you access the Service as a consumer, the following rights apply to your account on the platform. These rights are enforced at the code-path level and are independent of any contrary instruction from the creditor of record.

  • Right to dispute (FDCPA §1692g; Reg F §1006.34). You may dispute all or part of a debt by submitting a dispute through the platform. A dispute received within the Reg F validation period triggers an immediate 30-day collection pause on the account.
  • Right to validation (FDCPA §809). Where the FDCPA §1692e(11) Mini-Miranda is required (see the conditional matrix at /legal), an FDCPA §809(a) validation notice is generated on initial communication and delivered within five days.
  • Right to cease communication (FDCPA §1692c(c)). You may request that the platform cease communication with you. Cease-communication requests are honored within one business day of receipt.
  • No harassment (FDCPA §1692d; Reg F §1006.14). No repeated-contact patterns. No threats of legal action not intended to be taken. No contact at inconvenient times.
  • Right to correct your information. You may request correction of inaccurate personal information by contacting privacy@debt-digest.com. See the Privacy Policy for the full data-rights surface.

6. Payments

Payments processed through the Service are handled by our payment provider, Stripe, Inc. By making a payment, you authorize the charge to your designated payment method. All payments are applied to your account in accordance with the agreed settlement plan or payment arrangement. Payment confirmations are sent electronically.

The payment flow on Intercept accounts is consumer → creditor → Debt Digest. Debt Digest does not take custody of consumer payments directly; the creditor of record receives funds and remits the agreed platform fee and success-fee component to Debt Digest under the pilot agreement or master services agreement between the creditor and Debt Digest.

Platform fees, success-fee percentages, baseline cure-rate definitions, and remittance cadence are governed by the pilot agreement or master services agreement countersigned between Debt Digest and the creditor. Those commercial terms control over any conflicting amount displayed on a marketing page.

7. Acceptable Use

You agree not to:

  • Use the Service in a manner that violates any federal, state, or local law, including the FDCPA, Reg F, TCPA, FCRA, GLBA, CFPB UDAAP, or any state debt-collection or servicing statute.
  • Upload, place, or process any account for which you do not hold lawful authority.
  • Attempt to bypass the counsel / NDR firewall, the Reg F dispute pause, the cease-communication enforcement, the SCRA scrub, or any other compliance guardrail.
  • Reverse-engineer, scrape, copy, or decompile any portion of the Service except as expressly permitted by law.
  • Use the Service to harass, intimidate, or threaten any consumer, or to send communications that misrepresent the identity, status, or legal posture of any party.
  • Introduce malware, attempt unauthorized access, or interfere with the security, integrity, or availability of the Service.

8. Intellectual Property

The Service, including all software, content, design, trademarks, and documentation (excluding consumer and creditor data), is owned by Debt Digest or its licensors and is protected by United States and international intellectual-property laws. Debt Digest grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service in accordance with these Terms and any applicable pilot or master services agreement.

9. Data and Privacy

Your use of the Service is governed by our Privacy Policy. Creditors and settlement firms processing personal information through the Service should also review our Data Processing Agreement, which describes Debt Digest’s role as a service provider and the safeguards we apply to nonpublic personal information (NPI) under the Gramm-Leach-Bliley Act (GLBA).

10. Service Availability

Debt Digest uses commercially reasonable efforts to maintain availability of the Service. Specific uptime commitments, if any, are governed by the Service-Level Agreement and any pilot or master services agreement between the parties. Scheduled maintenance, third-party outages, and force majeure events may affect availability and are not a breach of these Terms.

11. Accuracy of Information

Reasonable efforts are made to ensure account information is accurate. Creditors are responsible for the accuracy of data they upload. Consumers who believe any information is incorrect have the right to dispute as described above.

12. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR IN A SIGNED PILOT OR MASTER SERVICES AGREEMENT, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND DEBT DIGEST DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DEBT DIGEST DOES NOT GUARANTEE ANY SPECIFIC CURE RATE, RECOVERY RATE, ENROLLMENT OUTCOME, OR SETTLEMENT RESULT. DEBT DIGEST IS A TECHNOLOGY SERVICE PROVIDER OUTSIDE THE FDCPA §1692a(6) “DEBT COLLECTOR” DEFINITION, IS NOT A DEBT COLLECTOR, AND IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEBT DIGEST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF DEBT DIGEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEBT DIGEST’S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) FEES PAID OR PAYABLE BY YOU TO DEBT DIGEST UNDER THE APPLICABLE PILOT OR MASTER SERVICES AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE THOUSAND U.S. DOLLARS ($1,000).

14. Indemnification

If you access the Service as a creditor, settlement firm, or other entity user, you agree to defend, indemnify, and hold harmless Debt Digest and its affiliates from any third-party claim, demand, regulatory action, or proceeding arising out of (a) your breach of these Terms, (b) your breach of any representation or warranty in Section 4, (c) any account you placed on the platform that you did not have lawful authority to place, or (d) any FDCPA, Reg F, TCPA, FCRA, GLBA, UDAAP, or state-law violation attributable to your configuration, your communications outside the platform, or your underlying conduct as the creditor of record. This Section 14 does not apply to consumer users.

15. Term and Termination

These Terms remain in effect while you use the Service. Debt Digest may suspend or terminate access to the Service at any time for breach of these Terms, for legal or regulatory reasons, or for security reasons. Sections that by their nature should survive termination (including Sections 8, 9, 12, 13, 14, 17, and 18) will survive.

16. Changes to these Terms

Debt Digest may update these Terms from time to time. Material changes will be noted at the top of this page with an updated effective date. Continued use of the Service after a change constitutes acceptance of the updated Terms. Material changes to commercial terms with a creditor or settlement-firm customer are governed by the change-control mechanism in the applicable pilot or master services agreement, not by an update to this page.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, and by applicable federal law, including the FDCPA (15 U.S.C. §1692 et seq.) and Regulation F (12 CFR Part 1006). Any dispute arising out of or related to these Terms or the Service will be brought exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of those courts. Nothing in this Section limits a consumer’s statutory right to bring a claim in the consumer’s state of residence to the extent that right cannot be waived by contract under applicable law.

18. Miscellaneous

These Terms, together with the Privacy Policy, the DPA (if applicable), and any countersigned pilot or master services agreement, are the entire agreement between you and Debt Digest regarding the Service and supersede any prior agreement on the same subject matter. If any provision is held unenforceable, the remaining provisions will remain in effect. Failure to enforce any provision is not a waiver. You may not assign these Terms without Debt Digest’s prior written consent. Debt Digest may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.

19. Contact

Questions about these Terms should be directed to pgvanderwolk@gmail.com. Legal redline requests and counsel correspondence should be directed to legal@debt-digest.com. Security reports should be directed to security@debt-digest.com.