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Epinephrine injection recalled over potentially fatal health risks
Consumers, retailers and health care facilities should stop using the product and discard or return it, the FDA said.
Epinephrine injection recalled over potentially fatal health risks
Consumers, retailers and health care facilities should stop using the product and discard or return it, the FDA said.
NY health insurance rate hikes approved. How much you will pay in 2027
NY's Department of Financial Services says it rejected higher rate hikes sought by insurers, saving consumers $1.6B via lower approved rate increases.
Epinephrine injection recalled over potentially fatal health risks: FDA
Consumers, retailers and health care facilities should stop using the product and discard or return it, the FDA said.
Oregon small businesses deserve a break from steep credit card fees
Credit card companies charge businesses swipe fees, and businesses often pass them on to consumers.
Sony and Microsoft say they’re not obligated to pass U.S. tariff refunds to consumers, echoing Nintendo
Back in July, Sony executives told investors that the company expected to receive $508 million in refunds from the U.S. government, after tariffs that the PlayStation-maker paid were ruled mostly in 2025 were found to be illegal. “Most” of the refund would by recouped by Sony’s gaming division, its chief financial officer said. This week, Sony’s lawyers are arguing that the company is not legally obligated to pass those proceeds on to consumers who paid for recently price-hiked PlayStation consoles. That’s in the face of a lawsuit from gamers calling on them to do exactly that. “Paying fair market price for voluntarily purchased consumer goods is not a legally cognizable injury in fact,” the lawyers wrote in a legal motion filed on Monday, as they asked a judge in California’s Northern District to dismiss a potential class action lawsuit over the tariff refunds. Microsoft made a similar argument two weeks ahead of Sony’s lawyers, in a similar lawsuit brought by a gamer in federal court in Washington State. As Microsoft’s legal team put it on August 21, in their request for a dismissal of that lawsuit: “There is nothing unjust about Plaintiff purchasing an Xbox at an advertised price and getting exactly what he paid for—regardless of whatever theory he devised months later about Microsoft’s cost structure.” Both legal fights are set to go on for some time. How things got to this point U.S. tariffs impacting a wide range of imported goods, including game consoles, had kicked off in early 2025. In May 2025, Microsoft raised the price of its Xbox consoles, citing “market conditions and the rising cost of development.” They raised them again that September. In August of that year, Sony raised the price of PlayStation 5 consoles, citing “a challenging economic environment.” Sony later told investors that its tariff fees for the fall quarter were nearly $200 million. in February of this year, the U.S. Supreme Court ruled the 2025 tariffs illegal, prompting impacted companies to begin to request refunds. In turn, consumers began suing the likes of Sony and Microsoft to get what they said was their share. The gamers in the Microsoft and Sony lawsuits argue that the 2025 price hikes of PlayStation and Xbox consoles, which added $50 or more to their sticker price, were due to illegal tariffs and should now be returned to consumers. The Sony suit started in May, when a group of gamers sued in federal court in California, saying Sony Interactive Entertainment (PlayStation) would be unjustly enriching itself if it did not pass tariff refunds to its PS5 buyers. “Sony is poised to be paid twice for the same unlawful tariff burden: once by its customers (through elevated prices) and once by the U.S. government (through tariff refunds),” the gamers’ lawyers wrote at the time. They called for Sony to partially reimburse anyone who bought a PlayStation in the U.S. since August 1, 2025. The Microsoft suit, filed by gamer Trevor Hastings against the Xbox giant in July, made similar claims. The console makers push back In late July, Nintendo’s lawyers, facing a similar suit accusing them of double-dipping on tariffs and refunds, replied with arguments that previewed Microsoft’s and Sony’s: “Nintendo or one of its retailers set a price for each product, and consumers decided whether that price was worth paying,” they wrote. Sony has buttressed that Nintendo-style argument this week by saying that the gamers have failed to prove that tariffs were the reason for its August 2025 PS5 price hike. They call thatclaim “speculative and illogical.” Other factors, including “inflation, currency fluctuations, component costs, logistics, competitive dynamics, or demand,” could have played a role. (No, the Sony lawyers do not break down the costs and factors that officially triggered the price increases). Microsoft has also argued that there’s no proof in these lawsuits that tariffs drove all or some of the price increase, as it seeks to dismiss the tariff refund suit it’s facing: “Plaintiff provides no specific allegations that would establish any pricing differential attributable to tariffs or suggest any possibility that Microsoft applied then or could recreate now any dollar-for-dollar calculation of tariff-related pricing—any more than it could any other market factor that affects pricing.” To further skewer the gamer side’s argument in its case, Sony’s lawyers have pointed to what might be a surprising defense: yet another PlayStation 5 price hike from this past spring, after the tariffs were ruled illegal. “If the original price increase were attributable to tariffs, SIE [Sony Interactive Entertainment, aka PlayStation] would have had no reason to raise prices again after the Supreme Court invalidated the IEEPA tariffs.” … “If tariffs were the cause of the price increases, one would expect SIE to lower prices once the tariffs were eliminated—not raise them again. Instead, the timeline confirms that the pricing of PlayStation consoles includes a diverse and dynamic set of input costs.” Judges have not yet ruled on the arguments made by Sony, Microsoft or Nintendo. Last week, Panic, the company behind the small, yellow Playdate handheld said it would be passing its tariff refunds on to consumers. It is the only gaming hardware maker to have made such a pledge. Game File is a reader-supported publication. To receive new posts and support my reporting, please consider becoming a free or paid subscriber. Subscribe Item 2: A reporter’s second Second Life Wagner James Au, who from 2003-2006 was paid by San Francisco-based tech company Linden Lab to be a full-time journalist embedded in their virtual world Second Life, is returning to the company. This time, he’ll be an editorial advisor and business development specialist, he tells Game File. The new role will involve trying to share the stories of people inhabiting Second Life’s ongoing online world with reporters and by extension the public. Au plans to continue to also chronicle some of that through his long-running blog New World Notes. I’ve known Au since the mid-2000s and featured him in a 2007 article for the Columbia Journalism Review about reporters like him opening up virtual news outlets within Second Life. As I wrote at the time: On April 22, 2003, writing as Hamlet Linden for the New World Notes blog on Second Life’s Web site, Au introduced himself. “For the next few months, Linden Lab has invited me to set aside my journalist cap, and instead, don the digital beanie of their in-house virtual correspondent.” He wasn’t paid to keep it positive. He wrote about builders and eccentrics, but then in August of that year, he reported on a tax revolt against Linden Lab (a complaint about the fees it charges users who build stuff) led by a resident whose avatar was a big cat. Second Life has always been less of a video game and more of a virtual world where people can live, hang out, make art, sell virtual items and flirt. Back in 2007, Au described touring it as “sort of like underwater lucid dreaming.” For the past two decades, Au has maintained New World Notes as an independent publication. But he said he’s been drawn back to Second Life and Linden Lab as a place to directly work. The virtual world has around 650,000 monthly active users, he said, “which is actually about what it was during the hype wave.” Au says he’s still finding rich stories in Second Life, the kind that keep him interested 20 years into the beat: “Over the last few months for instance, I wrote about an SL creator in Venezuela whose apartment was destroyed by the earthquakes, so the global SL community rallied to get him back on his feet,” he told me. “Then there’s the woman from a Middle Eastern country who explored her lesbian sexuality in SL, then earned enough from her virtual jewelry to escape her abusive family situation and country.” Au wants to beckon more reporters to give Second Life another look. He argues that it is often ahead of internet trends, noting, for example, an early backlash in the community against AI-made art. Now the platform is drawing curiosity from more of the user-generated content community who’ve grown up with the likes of Roblox, according to Au. “Second Life was too early during its hype wave in 2005-2010, but it now feels right for a new wave of interest,” he told me.
August Monthly Review: ChatGPT In Epic
Death, taxes, another frontier lab healthcare launch inspiring truly insane LinkedIn takes. As much as I want to stay away, I repeatedly am the crewman unplugging his ears whenever we pass these sirens. So it’s not the first and probably not the last time we dial up the typewriter rather than tie ourselves to the mast. The full blow-by-blow timeline: Health API Guy is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Subscribe The End of the Standalone PHR (Jan 8): ChatGPT Health arrives for consumers, at the time powered by b.well. I was bullish on the approach in that the best way for the PHR to finally solve distribution was to meet consumers were they already are (i.e. When Horizontal Meets Healthcare (Jan 9): OpenAI for Healthcare puts out the shingle for enterprises, with SharePoint ingestion standing in for the EHR integration the product actually needed. Another One: Anthropic’s Healthcare Debut (Jan 16): Claude's version, on HealthEx rails instead of b.well, with Agent Skills for FHIR development as the one true vertical-specific investment. ChatGPT for Clinicians: The Trap Sprung (Apr 24): OpenAI filled in the missing GTM middle with a free product for verified clinicians, effectively peeling the enterprise wrapper off ChatGPT for Healthcare and taking the PLG fight directly to OpenEvidence. OpenAI’s Second Attempt at Health (Jul 31): a relaunch of their patient specific app, now branded Health in ChatGPT, where the privacy partition came out, the connectors thinned, and b.well disappeared in favor of first-party FHIR work against a smaller network Beyond a Shingle So what was announced now? Today, we’re introducing a new electronic health record integration that brings authorized patient context from Epic into ChatGPT for Healthcare, along with the Healthcare Public Data plugin for direct, structured access to official healthcare datasets like PubMed, DailyMed, and CMS Coverage. Together, these capabilities bring ChatGPT closer to the systems and sources healthcare teams trust, while supporting the controls and compliance healthcare work requires. The core portfolio is unchanged from prior announcements we delineated and discussed (aside from the relaunch of patient-facing). Since trade publications still seem to be confusing them by using the wrong names: Enterprise sales motion: ChatGPT for Healthcare Protecting their core product / PLG: ChatGPT for Clinicians Consumer/patient-facing product: Health in ChatGPT So really, this is a feature release (specifically for ChatGPT for Healthcare when it comes to EHR integration). What’s cool about it, though, is that we are moving beyond just putting out a shingle. Everything in the January enterprise launch was horizontalizable: Horizontal tech companies thus generally start verticalization with their “putting out a shingle phase”. Telling the world you’re open for business as a horizontal tech company reliably attracts early inbound interest from buyers who are already trying to force-fit horizontal tools into domain-specific workflows and are eager for any signal that the vendor intends to support their use case more directly. Nothing was really vertical specific, which is exactly what you'd expect from the ultimate hypergrowth horizontal company dipping their toes into specific industries. But eventually you have to stop changing the sign on the door and start changing the product. Can you guess where the horizontal product was going to run out of road? This is the core dilemma writ large: verticalization requires differentiation, while scale economics of consumer and horizontal push toward unification. I’ve buried the lede so deep here it will be painful to some readers, but what should be shocking to no one is that my perspective is that EHR integration is the only path that meaningfully resolves this tension for ChatGPT for Healthcare. Integration with Microsoft Sharepoint is fine, but it is categorically insufficient for any product that hopes to influence clinical decision-making. SMART Money Well here we are, eight months later! Real vertical investment has begun, which surprised a few people. One friend in the industry messaged me: “Absolutely no way Epic gave ChatGPT API access.” Looking forensically at the announcements, the integration is notably read-only across appointment notes, laboratory results, medications, and specialist documentation. So while I’m not a betting man, I'd wager the house this is a SMART on FHIR launch: That sounds a lot like USCDI! The recommended path for the workflow they outline would be SMART on FHIR Their Health AI lead’s post is evocative of both standalone and EHR launch SMART, which another termed “ChartGPT” and “EHR Plugin” The implementation burden for SMART on FHIR is the lowest of the available integrative paths This is the team who literally did patient-facing SMART on FHIR with Epic last month Most importantly, if you’re a horizontal company, you generally still haven’t taken the full plunge and thus (overly) value reusability. SMART on FHIR is the logical compromise: healthcare-specific enough to matter, but standardized enough to reuse. Nobody Asked Judy Another friend asked “I thought they had to go to each health system, or did they go direct to Epic and now health systems opt in?” Given the trust paradigms in healthcare, this functionally cannot be Epic hoovering up all the data for OpenAI and shoving ChatGPT in their customers’ faces (or they would revolt). However, I do believe the aforementioned terrible coverage by TechCrunch and other outlets is probably responsible for that question, given the 325 million reference. When using FHIR as a business associate to an Epic customer, there is no EHR gatekeeping to speak of, as that isn’t how fhir.epic.com works: You register an app You pick your APIs You test against the sandbox APIs You list as “Ready for Production” Hospitals pick your app You test and go live with them Bluntly, nobody had to say yes or no in Verona (nor were they given the chance). Vendor Services (their next developer tier up that I doubt OpenAI is using quite yet in this initial release) certainly has contractual paperwork that some resent, but even there, the twin pressures of mounting antitrust and information blocking make outright gatekeeping increasingly fraught. My friend’s sentiment is, to me, representative of a broader industry neurosis, perhaps a sort of scar tissue of prior eras: people assume the gate is still there and never actually try the door. There are certainly other ways Epic (and any EHR) can put its thumb on the scale, but they are not so dumb as to stand in front of a federally mandated API and play bouncer at this exact moment in time. So I think they can and probably should go deeper, as this release is at best parity and at worst behind vertical-specific competition. OpenEvidence did a basic SMART launch with Sutter Health in February, allowing for more convenient evidence search by providers. They then add patient-context (the equivalent SMART on FHIR flow to what we see here) when Cedars-Sinai went enterprise-wide in May. UpToDate has four distinct applications across deeper workflows like patient engagement listed in Epic Showroom and announced a partnership with Epic to power Art at UGM Abridge and other ambient scribes have invested deeply into the deepest bidirectional clinical copilot workflow with integrations well beyond SMART on FHIR. In that light, the “Who is OpenAI primarily targeting here?” is clear. This release brings them into striking distance of OpenEvidence, but not the others quite yet. They are the only one of the three you can reach without building something truly Epic-specific. When will they go further? Competition is a great motivator to overcome the horizontal demons and start building things that can’t be reused: not across industries, not across EHRs, maybe not past the customer you built them for. That’s the price of actually verticalizing. The question is if and when OpenAI will be willing to pay it. Month in Review Here is the monthly review. As a reminder, this is a regular round-up of the month’s posts and other content to surface things you may have missed across regulation, litigation, interoperability, and beyond. AI assistance is used in these bullet summaries so I can focus on articles. Articles Published: None this month Video Content: The Information Exchange: Standards-based Thruple Edition (Aug 14): Back to school for us too, with Brad reporting in from the CMS Health Tech Ecosystem’s one year anniversary in DC. We get into the January CMS-0057 deadline, the fall rulemaking reading list, and why enrollment still keeps most apps off FHIR. The Information Exchange: Epic Dúnadan Edition (Aug 25): A UGM roundup with Ryan Brickner joining for the first time to check our takes against what the building actually thinks. Rangers, Ergo sitting on top of EHI, and a down-market lineup that needs some cuts. Regulatory: Stacked Deck, Bad Hand (Aug 05): ONC’s website refresh took the entire HIT Policy Committee record with it, so I rebuilt the archive and went looking for the regulatory capture story everyone assumes is buried in there. Stacking the deck and winning the hand turn out to be very different things. The Sixth Generation of Patient Access (Aug 19): A quick catalog of the five generations of patient access we’ve layered on since HIPAA, and the two candidates now competing to be the sixth. One is planned. The other is the market routing around the plan entirely. Court cases: Three Cases Walk Into a Docket (Aug 06): Two surprise settlements cleared the board in a single week, and then Judge Maddox dropped ninety-four pages on Vyne v. Henry Schein. The sleeper is a DMCA holding that makes direct-to-database a considerably riskier business model. Epic v. Health Gorilla: Into the MDL (Aug 10): Nine class actions are headed to Miami, and the Panel signaled it wants to bring the case that spawned them along too. That would leave Epic arguing the requests were obviously fraudulent in one courtroom and unknowable in the other. Amazon v. Perplexity: Agents Are Legalized! (Aug 11): The Ninth Circuit vacated the injunction against Comet, holding that the user is the one accessing the servers rather than the company that built the agent. A real win for agentic access, and a much narrower one than the headline suggests. Veeva v. Epic: Come At Me, Bro (Aug 26): Epic’s response brief wants the dismissal affirmed and, unusually, wants the opinion published as precedent. Buried in it is Epic’s own description of what its non-competes actually prohibit, which current and former employees should read closely. EHRs: The Contract Epic Would Never Sign Today (Aug 04): A 1999 SEC exhibit catches Epic licensing nearly its entire product line, Tapestry included, to the company that became TriZetto. The marketing services menu attached to it is the part that will make you blink. Forecast from Verona (Aug 07): The Epic Almanac makes one argument six different ways: the AI is only as good as the networks behind it. Emmie headlines, Art’s context stack is the most ambitious part, and Penny finally gets an autonomous coding date on the calendar. Works With Epic MyChart (Aug 17): Epic’s first new Showroom category since the death of Workshop certifies hardware instead of software, badge on the box and all. Made for iPhone, but for blood pressure cuffs, and rough news for anyone selling the RPM stack sitting in between. UGM Hot Takes 2026 (Aug 20): Everyone else covered the AI announcements, so I went after Savvy deleting the payment gateway, Rangers as Boost with the timer removed, and a down-market lineup with too many entries. Plus the Health Grid tidbits I cannot help myself on. MyChart Central Grows Up (Aug 24): Device data and Emmie turn Epic’s identity hub into a full consumer platform, which is both a logical answer to ChatGPT and a bit of a mistake. It also happens to be the best scraping target Epic has ever shipped. Industry Analysis: The Wrong Yardstick (Aug 12): Vertical software keeps getting judged against Superhuman and Notion, which is the wrong bar entirely. Your user is comparing your product to a whiteboard and forty phone calls before lunch. Primitives vs. Abstractions (Aug 27): Developers want building blocks, systems of record prefer to hand out business logic, and both sides have a real case. There’s no test from the outside that separates the engineering reason from the competitive one, which is why this keeps ending up in court. Cross-industry Comparisons: The Two Kinds of Platform Power (Aug 18): Attention power and record power are different problems that keep getting handed the same regulatory toolkit. Congress’s latest swing at Big Tech shows both what’s possible and where it falls apart. The Dogs of (Platform) War (Aug 21): A CourtListener alert turned up a property management fight with healthcare’s exact shape and none of the Cures Act. Shell prospects, ghost accounts, a notetaker bot that came back to haunt someone, and a lawyer arguing both sides of the same theory in two states. Fractals All the Way Down (Aug 31): Yardi dominates property management right up until you zoom into one segment, where AppFolio owns it outright and Yardi doesn’t appear at all. Where you draw the line around a B2B software market is about to decide an awful lot of cases. Other News: If Judy Had the Courage (Aug 13): A short eulogy for the era when software was allowed to look insane: WinAMP, bold colors, and everything the grey chatbot era has taken from us. External Media: Portland Monthly Health Tech Meetup: Erin O’Brien channeled my own feelings - maybe it’s just because it’s August and beautiful, but the monthly edition of the PDX Health community meetup was a ripper. Make sure to reach out if interested to join for the next one. STAT’s Coverage of Epic This Month: Brittany Trang of STAT did a fantastic job of breaking the FTC investigation that’s been lurking, as well as UGM related coverage, so I had to give her her wish of a meme. Fall Conferences: I’m pumped to be kicking off my fall conference season in NYC at Nabla Accelerate next month, which Chrissy provided the link to apply for. Here’s the rest of my schedule in case you want to meet up: Commonwell (Redwood Shores, CA): Oct 13-14 Open@Epic (Madison, WI): Oct 21-22 eHealthExchange (Austin, TX): Oct 27 Sequoia Project (Austin, TX): Oct 28-29 HLTH (Vegas): Nov 15-18 RSNA (Chicago): Nov 29-Dec 3 Posts I Liked: HTI-6 Should Unbundle API Certification: Josh Mandel makes the case that HTI-6 should split (g)(10) into separate authorization and data certifications, so a PACS or a genomics platform can certify only the role it actually performs. Imaging is the urgent example, but the structure solves a much bigger problem. On implementing ePrior Auth with Epic: Scott Rossignol’s field notes from a live ePrior Auth build on Epic, including the two app registrations nobody warns you about and the CPT mapping problem waiting at the end. CMS-0057 implementations are going to be such a beast. Healthcare point solutions are starting to look a lot like streaming services: Spencer Dorn runs the cable-to-streaming arc against health IT and lands squarely on the bundling half of the cycle. Bundling can be good! It can also be bad! Life is nuanced. Health API Guy is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Subscribe
As Food Companies Ditch Artificial Dyes, What Does Science Say About Their Health Effects?
General Mills has removed artificial colors from all of its U.S. cereals, including Lucky Charms and Trix, replacing synthetic dyes with colors derived from fruits, vegetables and spices such as turmeric and paprika. The move comes as food companies face growing pressure from consumers, retailers and policymakers to eliminate artificial dyes. GW public health experts are available to discuss what this shift means for consumers and what we actually know about the health effects of artificial foo
Judge strikes down N.Y. Climate Change Superfund Act
"I think this was an attempt by the state as they say ‘have their cake and eat it too’ to impose these assessments and they thought in a way it would not impact consumers of fuels."
Judge strikes down N.Y. Climate Change Superfund Act
"I think this was an attempt by the state as they say ‘have their cake and eat it too’ to impose these assessments and they thought in a way it would not impact consumers of fuels."
PlayStation argues "reasonable consumers" already know they don't actually own their digital games
PlayStation lawyers have argued that "reasonable" players aren't being deceived by Sony's small print, which says digital game purchases don't grant ownership.
'Reasonable' Consumers Know They Don't Own Digital Downloads, Sony Says
The company was responding to a suit accusing it of violating California law.
Politics keeps European stocks in America’s shadow
The bloc’s policymakers typically lean towards protecting consumers and taxpayers at the expense of investors
'Reasonable Consumers' Know They Don't Own Digital Games, Says Sony
You're buying a license, not the product
Sony says ‘reasonable consumers’ know they don’t own the digital games they buy
It’s “not plausible” to suggest people believe they’re “obtaining ownership”…
KFF’s ‘Bill of the Month’ highlights $1,200 out-of-pocket charge for a breast MRI
The news site first launched the crowdsourced investigations back in 2018, seeking to dissect and better explain medical bills to consumers.
US Consumers are Spending on Youth Team Sports Equipment Amid Rising Costs, According to Circana
Top growing categories include baseball and softball, lacrosse, and football
New Texas laws expand repair rights, regulate solar sellers and recognize gold as money
Texas laws taking effect Sept. 1 will change how consumers repair electronic devices, strengthen oversight of residential solar sales and allow certain forms of gold and silver to be used as legal tender.
Black businesses invest in community
As National Black Business Month closes, Cincinnati leaders say supporting black-led businesses goes beyond where consumers spend their money.
Colorado Sues EarnIn For “Immoral, Unethical, Oppressive and Unscrupulous” Business Practices
Hey all, Jason here. When this hits your inbox, I should be en route to the airport — not to go anywhere myself, just to pick up my better half. I must admit, it’s been strange to be home alone (well, with two dogs) for two weeks! Really lets me “optimize” to spending more time on reading/writing/working, whether that’s healthy or not! Looking forward to getting back into a (somewhat) more balance routine. Subscribe or Support by Upgrading Compare Notes With the People Who Built Modern Fintech Partner content: Remitly CEO Sebastian Gunningham. Increase founder Darragh Buckley. Linda Du, Co-founder & President at Valon. They’ll unpack the decisions behind building and scaling major financial products: what they got right, what broke, what they would do differently, and how AI and new infrastructure are changing the operator playbook. Most events tell you where fintech is going. NerdCon puts the people who built the present in the room and asks them what comes next. Expect an operator-led conversation grounded in real products, real trade-offs and lessons earned the hard way. Fintech Business Weekly readers save 20% on Regular tickets with code FBW20 before standard pricing ends September 11. Meet the Builders Things To Know & Other Good Reads Advent and Stripe Abandon $50 Billion Pursuit of PayPal (Bloomberg) Trump Family’s New Crypto Bank Is Backed by Abu Dhabi Sheikh (Wall Street Journal) The multiplying risks of financing data centres (FT) Let the Bond Market Speak (Wall Street Journal) Did we waste a crisis? Modest proposals to reform deposit insurance. (Fintech Takes Banking) Untangling Guggenheim: How Private Credit Built Its Own Universe (Net Interest) The Hater’s Guide To Circular Financing — Part One (Ed Zitron) Fiat Ventures Rebrands to FGV Capital, Announces $35M Oversubscribed Fund II (BusinessWire) Socure Announces Strategic Growth Investment at $5.2B Valuation and Acquires Agentic Operations Platform Fravity (Socure) Listen: When Consumer Protection Disclosures Work Too Well (Consumer Finance Monitor Podcast) Colorado Sues EarnIn For “Immoral, Unethical, Oppressive and Unscrupulous” Business Practices When Andreessen Horowitz led EarnIn’s $39 million Series B in 2017, Alex Rampell, a partner at the storied venture capital firm, described EarnIn’s small-dollar advance product as “free,” relying on “entirely on voluntary contributions instead of fees.” Rampell favorably compared EarnIn’s approach to typical payday loans, writing, “Payday loans historically have had the potential to be a slippery slope for consumers into financial distress: opaque systems and steep fees that are hard to repay and set individuals back further than where they started. For many Americans living paycheck to paycheck, that kind of slide into debt can be extremely difficult to recover from.” But EarnIn’s product — which, the company says, isn’t a “loan,” legally speaking — ends up being anything but free for most users. While it is technically possible to take a no-fee advance from the company, most users incur “Lightning Speed” (instant funding) fees and/or ostensibly optional tips that combined can equate to annualized percent rates that can reach over 1,000%. With an average term of 9.77 days, even fees and tips that are small on an absolute dollar basis are equivalent to high APRs on an annualized basis. A lawsuit filed last week by Colorado Attorney General Phil Weiser against EarnIn describes the company and its product and business practices quite differently than Andreessen’s Rampell; “EarnIn’s business practices are unfair because they are immoral, unethical, oppressive and unscrupulous,” the complaint, filed in District Court in Denver, Colorado, says. EarnIn’s marquee product, Cash Out, isn’t a loan, the company says, as Cash Out is not “[f]orward [l]ooking” because “[t]he money is transferred based on earnings to date,” does not carry a mandatory fee to access funds, and is “non-recourse,” meaning EarnIn cannot pursue recovery from users who don’t repay advanced funds. EarnIn is sometimes referred to as an “Earned Wage Advance” service. Though, unlike some others in the broader category, EarnIn does not integrate with employers’ payroll or time and attendance systems. Rather, EarnIn attempts to verify a user’s income and employment, by examining direct deposit transaction data in their linked external bank account, by using GPS location and Bluetooth data to estimate a user’s time spent at work, if they work in a fixed location, and/or by having a user provided a work email address. While repayment is theoretically optional, as EarnIn would have no recourse, such as reporting non-payment to the credit bureaus or a collections agency, this is anything but clear to users of the EarnIn app, Colorado’s complaint argues. During the process of taking a Cash Out, users must agree to a preauthorized debit of the amount advanced, plus any expedited funding fee and/or tips. Though users technically can revoke this ACH authorization, the fact that they have this right isn’t presented to users during the Cash Out process, but rather is included in linked terms and conditions few users are likely to actually read. And users who do wish to revoke their ACH authorization must do so three or more days before the scheduled transaction date by emailing EarnIn’s customer support. Similarly, EarnIn’s marketing claims that it carries “no interest” and “no mandatory fees” is technically true, but is not the reality for many of the app’s users, the Colorado complaint argues. Further, EarnIn has extensively marketed to users the ability to “access your pay today,” to get “instant” funds, and to get funds “the same day you work” — when, in reality, this speed of access was only possible by paying the additional, undisclosed Lightning Speed fee. The Colorado complaint highlights this contradiction specifically, noting: EarnIn tells consumers that they can ‘Make any day payday with EarnIn’ and that there no ‘hidden’ or ‘mandatory fees.’ For a consumer to access their pay on the same day requested, they would have to pay the Lightning Speed fee. In the fine print of the advertisement EarnIn discloses that ‘[f]ees apply to use Lightning Speed,’ a direct contradiction to the larger text of the advertisement, and a fact that would not be immediately understood by a consumer as ‘Lightning Speed’ is not defined nor explained. Like other small-dollar lending services, rather than explicitly charge interest, EarnIn collects a markup on the optional Lighting Speed fee, which, given the nature of the transactions, many users opt for, as well as offering users the option to leave “tips.” EarnIn leverages either Real-Time Payments (RTP) rails or push-to-card via debit rails if a user opts for the optional Lightning Speed. But while these capabilities cost EarnIn, on average, $0.075 or $0.20 per transaction, respectively, EarnIn charges users significantly more. Initially, EarnIn charged as little as $1.99 for Cash Outs up to $24. But EarnIn has hiked these fees multiple times, and now charges $4.99 for Cash Outs up to $75 and $6.99 for those over $75. According to the Colorado complaint, EarnIn leverages “dark patterns” to manipulate users and to make it more difficult to avoid tipping. Examples of these “road blocks” highlighted in the complaint include: As of 2023, in the EarnIn app, a consumer attempting to get a loan under the default settings had to make at least eighteen separate taps to complete the transaction and reduce the tip to $0. There is an alternative method to leave a $0 tip, via the “Custom tip” feature, but EarnIn made this option difficult to access by visually deemphasizing it and positioning it near devices’ “home” button. Using language and imagery such as “Tip to pay it forward,” “Your generosity supports the service + helps,” “Your tips make a difference,” and “[t]he APR for this cash out is 0%. Your tips help support us.” While Lightning Speed and tipping are, in theory, both optional, in practice, users nearly always ended up paying something. According to the Colorado suit, users were charged either a tip or an expedite fee for more than 92% of transactions, with an average APR of nearly 388%. And, although the advances are “non-recourse,” EarnIn successfully collects on nearly all transactions — 99.18%, according to the complaint, which, Colorado argues, “demonstrat[es] that EarnIn’s advances function as high cost loans, not voluntary payments.” The share of EarnIn users incurring fees — despite the product being marketed as 0% APR — is hard to reconcile with Andreessen investor Rampell’s favorable description of EarnIn vs. “opaque systems and steep fees” associated with payday loans, which, Rampell says, can be “extremely difficult” for borrowers to extricate themselves from. According to Colorado’s suit, EarnIn’s Cash Out product “trapped many consumers in extreme cycles of high-cost reborrowing.” The suit gives an example of one consumer in the state, who took out a whopping 1,151 loans, paying a total of $4,038.50 in Lightning Speed expedited funding fees on loans that averaged the equivalent of 1,421% APR. Another Colorado user, the suit says, took out 1,033 loans, paying $8,561.22 in tips and fees at an average APR of 1,539% . These types of usage patterns demonstrate “the severe and repeated financial harm caused by EarnIn’s illegal lending model,” the Colorado complaint argues. In aggregate, from January 2023 through July 2025, EarnIn extended 3.1 million loans to 56,778 users in Colorado — an average of nearly 55 transactions per person during the time period. EarnIn lent more than $300 million and collected more than $16 million from Colorado users in Lightning Speed fees and in tips. Ultimately, the Colorado complaint argues that “EarnIn’s Cash Outs are loans under Colorado law, and EarnIn’s contention that its product is not a loan based on its disclaimer of any legal repayment obligation lacks any real-world significance given how the Cash Out transactions actually operate in practice.” Colorado further argues that “EarnIn was not working with companies here in providing consumers with funds but acted as a third-party lender and charged illegally high rates, used deceptive design strategies to extract some charges, and trapped consumers in repeat borrowing. Colorado will continue to stand up for consumers and hold companies accountable when they violate our credit laws or attempt to evade them through misleading practices.” Colorado’s suit alleges EarnIn assesses finance charge in excess of that permitted by Colorado law, that EarnIn failed to make legally required disclosures to Colorado borrowers, that EarnIn made supervised loans to consumers without obtaining the requisite license, that EarnIn violated the state’s Deferred Deposit Loan Act, that EarnIn engage in unfair and deceptive trade practices, and that EarnIn made false or misleading statements concerning price. The suit seeks a court order enjoining EarnIn from violating relevant Colorado laws, for EarnIn to refund amounts charged in excess of state law, fees, costs, and penalties, and other relief the court deems to be just. Fintech Business Weekly is made possible by the generous support of paying subscribers — bringing you independent analysis of banking, fintech, and crypto without fear or favor. You can support my work by becoming a paying subscriber if you aren’t already. Paying subscribers enjoy: access to the entire archive of nearly six years of newsletters extended versions of the weekly newsletter, with additional content and analysis and (for founding member tier) quarterly personal 1:1 fintech Q&A / strategy calls with me, tapping into my unparalleled knowledge of the intersection of banking and fintech and experience working in the sector, including helping to launch Goldman Sachs’ retail bank Marcus Support Fintech Business Weekly You can also support Fintech Business Weekly by sponsoring a newsletter or podcast, putting you in front of 93,000+ of the most influential decision makers in banking, fintech, and crypto. Learn more about sponsor opportunities or request a media kit by dropping me an email. Q2 Quarterly Banking Profile: Five Quick Takeaways The FDIC released its quarterly banking profile, which is always worth a read, for the second quarter. The profile provides an aggregate snapshot about the overall health of the 4,238 institutions whose deposits are insured by the FDIC, who, collectively, hold more than $26 trillion in assets and saw a total net income of more than $90 billion in the second quarter. Net income was up 12% vs. Q1 2026, with lower provisions and realized gains on securities helping to drive the improvement, somewhat offset by increases in non-interest expense and applicable income taxes. Overall net interest margin was basically flat quarter over quarter (up 1 basis point vs. Q1 2026), though community banks saw NIM grow by 10 basis points, to 3.81%. Unsurprisingly, given that interest rates haven’t changed, unrealized losses on securities changed little, edging up slightly to $326.7 billion vs. $325.1 billion in Q1 2026. Aggregate credit quality has remained benign, with asset quality actually improving slightly in Q2. Overall, institutions reported a 9 basis point decline in their past-due and non-accrual rate, to 1.44%. Net charge off rate also declined by 2 basis points, to 0.57%. And finally, the FDIC’s deposit insurance fund stands at $161.1 billion, making the DIF reserve ratio 1.48% — above the statutory minimum of 1.35%, but still below the designated target reserve ratio of 2%. [Paid Subscriber Exclusive] Nissan Withdraws ILC App, State Associations Plan BankChain Alliance, FDIC Defines “Unsafe or Unsound Practice” For First Time Automaker Nissan withdrew its application to charter a Utah industrial loan company and its corresponding application to the FDIC for deposit insurance last week, on August 19th. Nissan’s application had been outstanding for more than a year, as it originally applied in June 2025. Recent applications to the OCC to form national banks have been decisioned, one way or the other, substantially more quickly than has historically been the case.
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Bipartisan Energy Politics | Reading and Podcast Picks
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Bicameral resolution would rescind Trump administration policy banning green card holders from accessing SBA loans Resolution Text (PDF) | One-Pager (PDF) (Washington, July 23) – Ranking Member Edward J. Markey (D-Mass.) and House Small Business Committee Ranking Member Nydia M. Velázquez (D-NY-7) today introduced a Congressional Review Act (CRA) resolution to rescind the Trump administration’s policy that bans green card holders from accessing essential Small Business Administration (SBA) loans to start and grow their businesses and invest in Main Streets nationwide. Trump’s SBA restrictions buck decades of precedent, attacking immigrant small business owners who are lawfully in the U.S. with no justification. The Trump administration’s green card holder ban is the most recent escalation of SBA’s draconian citizenship restrictions that are killing jobs and putting the American Dream further out of reach for entrepreneurs. In Fiscal Year 2025, the SBA made an estimated $5.7 billion in loans to green card holders, which supported more than 80,000 American jobs. Ranking Member Markey’s introduction of the CRA resolution follows his introduction of the Investing in the American Dream Act alongside Ranking Member Velázquez earlier this year. The Investing in the American Dream Act would roll back the SBA’s draconian lending restrictions and restore previous SBA lending policies for immigrant entrepreneurs lawfully in the U.S., including green card holders, refugees, and asylees. More than 100 organizations have called for the passage of the legislation and over 60 Massachusetts state legislators have raised concerns about the impact of the citizenship restrictions in their local communities. “Once again, Donald Trump is shutting hardworking immigrants out of the American Dream with his discriminatory and dangerous policies, fear tactics, and violent rhetoric. The anti-small business lending requirements implemented by Trump’s SBA won’t Make America Great Again—they are Making America Hate Again,” said Ranking Member Markey. “I am fighting every single day to roll back Trump’s brazen attempt to steal the American Dream from entrepreneurs in Massachusetts and across the country who enrich our communities, strengthen our Main Streets, and create jobs in the United States.” “Starting and owning your own business is one of the pillars of the American Dream. Under the Trump Administration, the SBA has sought to deny immigrant small business owners and entrepreneurs that dream by preventing them from accessing the capital they need to grow and scale their businesses. Not only is this policy cruel, but it is also self-defeating and holds our country back economically. As Ranking Member of the House Small Business Committee, I will do everything in my power to reverse this terrible policy,” said Ranking Member Velázquez. Massachusetts state legislators applauded Ranking Member Markey’s actions and emphasized the critical contributions of green card holders to Bay State communities and the Commonwealth’s economy. "Green card holders are our neighbors, workers, entrepreneurs, and taxpayers,” said Massachusetts State Senator Adam Gómez (D-Springfield), Senate Chair of the Joint Committee on Community Development and Small Businesses. “They open restaurants, launch small businesses, create jobs, and contribute every day to the economic strength of Massachusetts. Denying lawful permanent residents access to SBA loan programs doesn't make our economy stronger—it makes it harder for small businesses to succeed. I support this resolution because opportunity should never be limited by unnecessary barriers that prevent hardworking people from investing in their communities and pursuing the American dream." “Senator Markey’s CRA Resolution provides a valuable moment for our federal leaders to show their commitment to small businesses and the American Dream,” said Massachusetts State Representative Andy X. Vargas (D-Haverhill), House Chair of the Joint Committee on Community Development and Small Businesses. “The SBA’s recent policy restricting lawful residents from accessing the popular 7(a) and 504 programs has shut out some of the most entrepreneurial and hard-working members of our community from much-need capital. In Massachusetts, these programs have invested millions of dollars into small businesses owned by green card holders, supporting thousands of jobs. This should not be a partisan issue. People who worked hard, have legal status, and contribute so much to their communities via employment and economic impact don’t deserve to be in the crosshairs for political purposes. The Senator’s resolution is a step forward in restoring access to the American Dream that small business owners across the country deserve.” Several small business advocates and stakeholders voiced their support for Ranking Member Markey’s efforts to roll back Trump SBA’s discriminatory lending rules. “Immigrant-owned businesses are the foundation of the American economy. They power our neighborhoods, provide essential services, and employ our loved ones. Yet, systemic hurdles like the Small Business Administration’s citizenship restrictions unfairly block their path to prosperity," said Elizabeth Sweet, Executive Director of the Massachusetts Immigrant and Refugee Advocacy (MIRA) Coalition. "We applaud Senator Markey’s continued leadership and look forward to a future where immigrant entrepreneurs can share their ingenuity without arbitrary restrictions that hold us all back.” “Independent restaurants have always been built by people willing to work hard, take risks, and invest in their communities. When lawfully authorized entrepreneurs lose access to the financing they need to start or grow a business, we all lose. These are the businesses creating jobs, filling storefronts, and strengthening our neighborhoods. Access to capital should help good businesses succeed, and that’s exactly what restoring these SBA loan programs would do,” said Jen Ziskin, Executive Director of Massachusetts Restaurants United. “At the Latino Economic Development Corporation, we see firsthand that access to capital transforms lives, creates jobs, and strengthens neighborhoods. Many of the entrepreneurs we serve are lawful permanent residents who have invested their savings, opened businesses, and employ local residents. Restricting access to SBA financing doesn’t just impact business owners, it limits economic opportunity for entire communities. Main Street succeeds when every qualified entrepreneur has a fair chance to grow,” said Andrew Melendez, CEO and Founder of the Latino Economic Development Corporation. "Immigrants and immigrant-owned businesses are the heart and soul of small business communities in cities and towns throughout the Commonwealth, and across America. Limiting access to these SBA loans not only sends the wrong message about immigration, it will have significant negative economic impact on our small business ecosystem,” said Keith Mahoney, Vice President of Public Affairs at the Boston Foundation. “The SBA’s recent policy changes that prevent Legal Permanent Residents, and other non-citizens from participating in any of the SBA’s valuable programs are changes that are unwelcome, immoral, and antithetical to our purpose, our mission, and our vision for Massachusetts communities and businesses. Immigrant entrepreneurs and others have expressed concern that Common Capital will ‘report them to ICE,’ so loan demand has decreased. There is no valid reason for excluding Legal Permanent Residents and other noncitizens who are lawfully present in the U.S. from accessing the SBA’s programs. Immigrant entrepreneurs start businesses, they create jobs, they support their families and their communities. Our government should be in the business of encouraging their full participation in our economy,” said Raymond Lanza-Weil, President of Common Capital. "ECCHO-Latino now represents over 400 educators and 300 microbusinesses across Massachusetts, where immigrants make up 60% of the childcare workforce. When a green card holder is ready to grow her business—from expanding her home child care to opening a center—she shouldn't be turned away by local banks simply because of federal citizenship rules. Blocking access to SBA loans kills opportunity and deepens our state's childcare crisis. ECCHO-Latino strongly supports Senator Markey and Representative Velázquez in passing this resolution to put Main Street first," said Harold Antonio Blanco, Co-Founder & Executive Director of ECCHO-Latino Inc. "This is exactly how political ideology ruins an economy. Washington has taken lawful, tax-paying entrepreneurs who live in our communities, invest in America, and hire American workers, and declared their businesses ineligible for critical financing simply because a green card holder owns even a fraction of the company. Using policies ostensibly aimed at illegal immigration to punish lawful permanent residents is nothing short of ideological overreach and economic self-sabotage. The SBA exists to help viable small businesses grow, rather than imposing nativist tests that ignore an entrepreneur’s credit history, business plan, or ability to create jobs. When the federal government closes the door on qualified entrepreneurs, they’re also closing the door on American entrepreneurship and on American workers, while handing future companies, jobs, innovation, and investment to our competitors. America should be competing to attract people who want to invest and build here, not creating arbitrary barriers that drive their talent and capital elsewhere,” said Javier Palomarez, President and CEO of the United States Hispanic Business Council (USHBC). "The U.S. Small Business Administration's decision to prohibit legal permanent residents, including green card holders, from accessing SBA-backed loans has the potential for disastrous consequences that could reverberate throughout America's economy for years to come. After all, immigrants are twice as likely to start small businesses as U.S.-born individuals. Congress must overturn rules requiring the SBA to block legal permanent residents from accessing lending resources because so many of the entrepreneurs who drive job creation in this country were born outside the United States," said John Arensemeyer, Founder and CEO of Small Business Majority. “NCRC supports the Congressional Review Act resolution to overturn SBA’s citizenship restrictions that bar green-card holders from receiving the 7(a) and 504 loans. When qualified entrepreneurs are denied access to SBA loans, all of Main Street gets hurt. Communities lose jobs. Neighborhoods lose services. Local economies lose the opportunity to build wealth and shrink disparities,” said Jesse Van Tol, President & CEO of the National Community Reinvestment Coalition (NCRC). “We cannot afford to have the American Dream out of reach for hard-working, immigrant small business owners.” “Asian Americans and Asian immigrants have been integral in building local economies. They create businesses, jobs, and opportunities in communities across the country that benefit everyone. Lawful permanent residents pay taxes, invest in their communities, and strengthen Main Street, yet the SBA's discriminatory citizenship restrictions unfairly deny them access to the same tools that help small businesses grow and succeed. We applaud congressional leaders for advancing this resolution to overturn the latest restrictions on SBA lending for green card holders, and we urge lawmakers to also pass the Investing in the American Dream Act to fully restore access to SBA loan programs for all eligible people in the United States. Ensuring that immigrant-owned small businesses have a fair opportunity to access capital is essential to building a stronger, more inclusive economy that works for all,” said Joanna Derman, Director of Anti-Profiling, Civil Rights and National Security at Asian Americans Advancing Justice (AAJC). "Immigrant-owned businesses often turn to SBA 7(a) and 504 loans because they face higher denial rates from traditional lenders,” said Imani Augustus, Director of the Center for Entrepreneurial Opportunity. "These programs provide the capital they need to expand operations, hire workers, and invest in their businesses. Reversing the ban on lawful permanent residents is a critical first step toward ensuring these financing tools are accessible to everyone strengthening their communities through entrepreneurship. We applaud this action and urge Congress to fully restore access by passing the Investing in the American Dream Act.” "Last year, nearly 5,700 SBA loans worth $5.7 billion went to businesses owned by green card holders, supporting more than 80,000 jobs. These are entrepreneurs who have put down roots here, hired their neighbors, and invested in the communities they call home. Barring them from capital doesn't protect Main Street—it starves it. What should matter is the strength of a business and its potential to grow, not the immigration status of its owner. This resolution doesn’t eliminate all the citizenship restrictions in SBA’s policy change, but it’s a step toward restoring a commonsense principle that stood for more than 30 years," said Howard Wial, Director of Research at ICIC. "I'm encouraged to see Congress moving to reopen access to capital for green card holders, a key tool for small business survival. Green card holders accounted for an estimated 5,700 SBA loans in Fiscal Year 2025, worth $5.7 billion and supporting more than 80,000 jobs across the country. That capital is often what keeps a business operating through its toughest stretches when cash flow gets tight. When qualified entrepreneurs lose access to that capital over their immigration status rather than their ability to repay a loan, it's the local economy that pays the price,” said Small Business for America's Future Co-Chair Shaundell Newsome, Founder of Sumnu Marketing. “Small businesses are the backbone of the American economy, and entrepreneurs —including green card holders — take risks every day to build businesses, create jobs, and strengthen communities. SBA loan programs should be administered with clear, consistent standards that safeguard public resources while ensuring these programs remain focused on supporting eligible entrepreneurs and job creators. This resolution responds to the opportunity to support all entrepreneurs and preserve the integrity of federally supported lending programs. We applaud the introduction of this resolution and remain committed to policies that strengthen small businesses, promote economic growth, and maintain confidence in these vital lending programs,” said Carolina Martinez, CEO of CAMEO Network. “National CAPACD wholeheartedly supports the introduction of this resolution aimed at overturning the SBA's misguided policy prohibiting immigrants from accessing the 7(a) and 504 loan programs. As a coalition, we are committed to creating systems, organizations, and societies that are fair and just. We believe we and our economy are stronger when we uplift our rich and diverse communities. Access to capital helps small businesses create jobs, build wealth, and strengthen neighborhoods. Restoring this pathway is an important first step toward ensuring immigrant entrepreneurs can continue to grow their businesses and contribute positively to our economy as a whole. We urge Congress to build on this momentum by passing the Investing in the American Dream Act, which would fully restore fair access to safe and affordable credit and uphold our commitment to a fair economy that works for everyone,” said Seema Agnani, CEO of National CAPACD. Ranking Member Markey is fighting for small business owners and immigrants that rely on SBA loans to start and run their businesses, create jobs, and contribute to their communities. In May, Ranking Member Markey highlighted the significant contributions of immigrant entrepreneurs in Massachusetts and across the country and condemned the Trump administration’s repeated attacks on immigrant communities at a Small Business Committee hearing. MIRA’s Elizabeth Sweet, who participated in Ranking Member Markey’s listening session earlier in May, provided testimony at the hearing. Also in May, Ranking Member Markey hosted a listening session at the Urban College of Boston to hear directly from several Massachusetts immigrant small business owners, lenders, and chambers of commerce how President Trump’s cruel and callous anti-immigrant policies are hurting Main Streets in the Bay State. Earlier in May, Ranking Member Markey hosted a press conference alongside Ranking Member Velázquez, Democratic lawmakers, and stakeholders to condemn the Trump administration’s harmful anti-immigrant lending policies and to introduce the Investing in the American Dream Act. In March, Ranking Member Markey released a comprehensive report detailing the harms to small business owners, workers, and consumers caused by the Trump administration’s ICE raids in communities across the country. In February, Ranking Member Markey introduced the Small Business ICE Disruption Fund Act, which would provide grants to small businesses that have been impacted by the Trump administration’s violent immigration enforcement actions on Main Streets across the United States. Earlier in February, Ranking Member Markey, Ranking Member Velázquez, Congressional Black Caucus Chair Yvette Clarke (D-N.Y.), Congressional Hispanic Caucus Chair Adriano Espaillat (D-N.Y.), and Congressional Asian Pacific American Caucus Chair Grace Meng (D-N.Y.) sent a letter urging the SBA to rescind their lending rule change that bars legal permanent residents from receiving SBA loans. Previously, Ranking Members Markey and Velázquez released a statement condemning the actions of the SBA after it announced that small businesses with legal permanent residents will be barred from receiving SBA loans. In December 2025, Ranking Member Markey and all Democratic members of the Senate Small Business Committee sent a letter to the SBA reiterating concerns with the SBA’s citizenship requirements and highlighting a drop in SBA lending volume. In September 2025, Ranking Member Markey heard directly from SBA lenders about the issues with the citizenship verification requirements. In July 2025, Ranking Members Markey and Velázquez sent a letter to the SBA expressing serious concerns with the agency’s new, draconian citizenship verification requirements that require small businesses seeking SBA loans to be 100% owned by U.S. citizens, nationals, and legal permanent residents. SBA has not responded to the letter. ###
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Nintendo says it has no legal duty to pass its U.S. tariff refunds on to consumers
Nintendo is asking a court to dismiss a proposed class action suit that was filed this past spring by gamers who say the Mario maker is breaking the law if it doesn’t pass on its U.S. tariff refunds to consumers. Those consumers “received exactly what they bargained and paid for” when buying price-hiked Nintendo goods last year, the company said in a filing on Monday in the case of Hoffert et al v. Nintendo. “Plaintiffs are not entitled to a rebate simply because of intervening legal developments related to tariffs.” Nintendo increased the price of Switch 2 controllers and the original Switch last year, following the imposition of globe-spanning U.S. tariffs (tariffs described by Nintendo’s lawyers on Monday as “sweeping” and “constantly changing”). This past February, the U.S. Supreme Court ruled that the tariffs were illegal. A month later, Nintendo sued the U.S. government to get a refund. And in April, gamers filed the class action claim against Nintendo in Washington, saying it would be illegally double-dipping if it made money from tariff-hiked sales and then from a refund. The gamers sought relief for anyone in the U.S. who bought price-hiked Nintendo items between February 2025 and February 2026. “The common thread among Plaintiffs’ claims is that it is somehow ‘unfair; that Nintendo has not retroactively adjusted its prices for completed sales in response to the outcome of the tariff litigation,” the company’s lawyers wrote in today’s motion to dismiss. “But that is now how commercial transactions work.
UFC Freedom 250 Fails to Knock Out The Ratings
(Welcome to my weekly streaming ratings report, the single best guide to what’s popular in streaming TV and what isn’t. I’m the Entertainment Strategy Guy, a former streaming executive who now analyzes business strategy in the entertainment industry. If you were forwarded this email, please subscribe to get these insights each week.) If UFC fans wanted one image to say, “Hey, Paramount+ is crushing it with their UFC rights deal,” I could provide that image. Here it is: (Reminder: this is my creation of the Nielsen Top 30, since Nielsen doesn’t combine the lists or include sports. I take all three lists and combine them. Some streaming TV shows probably have higher ratings than many of the films on this list.) Look at that! UFC Freedom 250 is number one! It topped the Nielsen “Top 30” list for shows and films that made the top ten the week of 15-June. So if you’re a UFC fan or supporter of Paramount+, that’s the good news for you this week. This program topped the ratings charts for one week. Everything else is bad news, or at least a huge caveat to that story, which I’ll explain today in the first part of this week’s Streaming Ratings Report—for the weeks of 8-June and 15-June—which is a double issue since I’ve been writing on a bunch of topics recently. UFC Freedom 250 is one of the biggest streaming events of the year, and super relevant to Paramount+’s strategy, so it merited its own article. Let’s dive in! (Reminder: The streaming ratings report focuses on the U.S. market and compiles data from Nielsen’s weekly top ten viewership ranks, Luminate’s Top Ten Data, JustWatch and Reelgood interest data, Samba TV household viewership, company datecdotes, Netflix hours viewed data, Google Trends, and IMDb to determine the most popular content. While most data points are current, Nielsen’s data covers the weeks of June 8th to June 21st 2026. You can find a link to my terminology here.) Subscribe Check Out My Interview on UFC 250 at MMA Draw After you read this article, if you want even more thoughts on UFC and Paramount-Skydance/Paramount+, I did a written interview with MMA Draw. They asked me to answer some questions about UFC Freedom 250, and I was happy to chat with them. Find it here: [ The MMA Draw Newsletter Did Paramount really overpay for the UFC? What the data tells us so far If you know the history of American television, you also know that combat sports is often a leading indicator of the future… Read more a day ago · 10 likes · 1 comment · Nate Wilcox and Zach Arnold ](https://www.themmadraw.com/p/did-paramount-really-overpay-for?utm_source=substack&utm_campaign=post_embed&utm_medium=web) I never thought I’d need a combat sports newsletter in my life, but the good folks at MMA Draw publish an excellent one on UFC, MMA, pro wrestling, boxing and more, analyzing both the sports themselves and the politics, economics and antitrust issues that impact them. Check the article and their newsletter out! Paramount+ Has Its Best Sporting Event of All Time…But Was It Worth It? Before we look at the UFC Freedom 250 data in particular, let’s talk about what we can’t say. Namely, let’s start with the lack of comparisons. First off, I’d love to put a chart out comparing this fight to past UFC fights on Paramount+…but we don’t have the data. This is the first time we’ve gotten Nielsen data about a Paramount+ UFC fight. As far as I can tell, Paramount provided data for the first fight, but it was a proprietary datecdote (saying it had “an average minute audience” of 5 million “views”) and then, for two fights, we got the linear viewership numbers when they aired on CBS, but no streaming data. Everything else was crickets. We also can’t compare this fight to other fights/combat sports on streaming, in particular the MMA and boxing, because Netflix also didn’t use Nielsen to track those events, opting for TVision and VideoAmp, respectively. (This isn’t Paramount’s fault, but does still suck.) We also can’t compare to UFC’s fights that used to be on ESPN+, since we don’t have any data for that, plus Disney+ didn’t have marquee fights. The comparisons would not be apples-to-apples. Can we compare to past Pay-Per-View fights? Absolutely not. The comparisons would absolutely NOT be apples-to-apples. That didn’t stop Paramount+, though, who bragged that their UFC events have reached drastically more people than past PPV fights. Duh. Sorry, but I gotta make this point again. A basic tenet of economics is that the cheaper something becomes, the more people consume or buy it. That’s Econ 101. (Sometimes pundits call things “Econ 101” that are actually like Econ 210 or even PhD-level economics, but no, this is really like first or second class basic economics.) Yet I still see one analytics firm consistently say that more people watch films on streaming than PVOD proves streaming which means that the streaming window is more valuable than the PVOD window. No, it’s not! Same thing here. Pay-Per-View events back in the day could be really, really, really expensive! So whole groups of people pitched in to buy them. That increased the perceived value of, say, the Mike Tyson fight. Or a UFC numbered event. So yes, the fact that Paramount+ makes numbered UFC fights essentially “free” if you’re already a Paramount+ member means consumption will go up. Obviously. Same for Netflix and their boxing matches. They’re talking about fights that used to cost consumers, in some cases, $50 in 1996…which is over $100 in today’s dollars. Over 1.6 million people paid that to watch the Tyson-Holyfield fight! Again, streaming is essentially “free”. Or $10 to $20, depending on what streamer we’re talking about and what tier you’re on. No wonder more people are “watching”. (Plus, Nielsen’s out-of-home viewing also helps these numbers.) UFC Freedom 250 Did Well…But I Have A Lot of Worries So what can we compare the fights to? Well, the good news is Nielsen put out that the fight averaged 7.0 million viewers for UFC Freedom 250, which is a solid number for a fight. We also know the length, at roughly 4 and a half hours. (I saw different run times, but this seems to be the consensus considering it started at 8 pm, had a delay and then finished after midnight on the East Coast. If you assume a shorter run time, then yes, the total hours viewed would go down.) That means I have the two numbers needed to add this to my Nielsen database. And then…I can compare this viewership to the NFL: And, uh, not great. But also within striking distance, mainly because the runtime for this event was so long. I’d also add that this event had viewership equal to a regular season NFL game on streaming, but if anything, it was more comparable to an NFL playoff or Super Bowl-esque event. And you can compare viewership to the top football games on broadcast, cable and streaming, and it’s not impressive at all: We can also compare it to other sports that week, including the NBA Finals and start of the World Cup: Again, not great. The NBA generated roughly four times as many average viewers each game for its NBA Finals. The World Cup has similarly big numbers. Also, that’s just a tiny fraction of the 25 most watched sporting events each week. The NBA, NHL and FIFA World Cup had many, many more games racking up hours. We could also compare this to other streaming programs to get an idea of “is this a good investment?” and here is how it ranks compared to other top Paramount+ programs: The worry here? Well, unlike scripted programming, which has rewatchability, older fights/sporting events have very little library value. Very, very few people are rewatching these fights, especially years from now. Paramount has also released datecdotes bragging about their subscriber numbers. Earlier this year, they claimed that the first UFC fight on Paramount+ brought in 1 million subscribers. Then, in their quarterly earnings report, they only ended up with 700K subs. Not great! They claimed they dropped lower-value international subscribers, but that’s why I tend to discount subscriber additions when they’re leaked to the press.1 I expect we may see a bump again for UFC Freedom 250, but I’d caution using subscriber growth so soon after these events to judge the success, since new subs with high churn (see Peacock) aren’t great either. Also, analysts often want to attribute all subscriber growth to their favorite/pet show, and that just doesn’t make sense. The biggest caveat for UFC Freedom 250 and Paramount’s very first UFC marquee event is that these could be high watermarks for the sport. UFC Freedom 250 had an incredible amount of earned media coverage compared to most UFC fights. I mean, it had wall-to-wall national news coverage in the lead up to the event. (The first fight also had a lot of promotion from Paramount since it was first.) Other fights could reach this bar—say the Conor McGregor return to the Octagon—but they’ll be fewer and far between. Was This Deal Worth It? All to ask: is this Paramount deal worth it? In this case, I think the UFC Freedom 250 numbers are more distracting than helpful. This fight did well and compares well to other top sporting events. But we know that the first marquee event was at least a third smaller, if Paramount’s own data is to be believed. And it’s likely the other fights are much, much, much smaller. And then you get to the paycheck that Paramount-Skydance paid. FIFA’s World Cup cost about the same for Fox, but clearly generated multiples more total viewership. (Though it’s only every four years.) The NBA is much more expensive, but until the playoffs, they likely didn’t pay for itself. Even still, Disney, NBCUniversal and Amazon Prime Video likely overpaid. So, in that context, the NBA may be an overpay that makes the UFC look not so bad. But two overpays don’t make an underpay, to paraphrase the old cliché about wrongs and rights. And looking at UFC Freedom 250 as the likely ceiling of MMA on Paramount+, Paramount-Skydance likely paid too much. Share 1 I would love regular reports on subscriber additions by programs, but as is, it’s mostly leaked or rumored in haphazard ways.
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