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AI Agents Are a Threat to Travel Businesses. Airbnb Could Still Be a Winner.
For the lodging platform’s stock to thrive in the age of bots, it has to turn repeat customers into loyal ones.
Exclusive | Amazon in Talks to Buy AI Startup Decart for Around $7 Billion
The San Francisco company’s software makes it easier for developers to switch between different AI chips.
Opinion | Health Savings Accounts Can Curb Rising Costs
Congress should expand a tool that lets Americans keep more of their money and spend less on healthcare.
Houthis and Ukraine Put Trump in Treacherous Territory
The spiraling global energy mess is ensnaring more countries, and it isn’t helping Republican candidates.
The Crew of Virtually Unknown Donors Powering the Rise of the New Left
Millions of dollars are flowing to help Democratic socialists and other progressives.
Silicon Valley’s Dream City Has Crashed Into Small-Town Politics
A bitter standoff between tech-backed developers and local county leaders helped doom a $3-billion project at the edge of the Bay Area.
Will Voters Punish Politicians for Data Centers? Ask Ohio and Michigan
Local anger over energy bills and lost farmland are reaching top-of-the-ticket battleground races.
New App Helps Voters Identify Funding Behind Political Messaging
The app, paidforby.info, was established by journalist and lawyer Judd Legum and is affiliated with his website, Popular Information.
House of the Week: A Colorful Compound With a Treehouse and Mini Golf
Eschewing typical 30A beach homes, an architect created a vibrant property packed with whimsical features.
Health Care Roundup: Market Talk
Find insight on GSK, Terumo and more in the latest Market Talks covering the health care sector.
The Wall Street Veteran Trying to Solve the Pentagon’s Missile Problem
In his first interview on the job, Deputy Secretary of Defense Steve Feinberg, a private-equity billionaire, defended his unusual approach.
Trump bucks and the politics of mailing checks
The checks started going out last week, nearly one million of them, and mostly to battleground states. With a return address for the U.S. Treasury and a letter enclosed signed by President Donald Trump, these one-time checks for $500 were ostensibly government rebates for Obamacare enrollees who overpaid. In the accompanying letter, however, Trump attacks his predecessor and talks about his record in office on an important issue he’s not polling well on, which makes it seem more like the most expensive political mailer in U.S. history. The average piece of direct mail costs between 30 cents and $3, according to Mail Processing Associates, a print, mail, and fulfillment company. At $500 a pop plus roughly 50 cents each to issue the paper check, the cost of Trump’s healthcare mailer sent to more than 950,000 enrollees comes in at more than $475 million. Trump’s midterm healthcare message “For years, the Biden Administration overcharged you to fund the operation of HealthCare dot gov,” Trump wrote in the letter. “That money belongs to hard-working Americans, not the Government, and now, I am returning it to you!” In the letter, Trump makes false and misleading claims about his administration’s record on healthcare costs, an issue Democrats have a 20 point advantage on over Republicans, according to a recent poll from KFF, a nonpartisan health policy think tank. Trump touts his administration’s TrumpRX program, which he claims is “delivering massive discounts.” However, new research from KFF found that of a selection of drugs available on the TrumpRX platform, just five were the lowest price, while 13 were the highest price. Trump also falsely claims in the letter that he’s fighting to lower healthcare costs. In reality, average monthly premium payment costs for enrollees rose 58% under Trump while marketplace sign-ups declined 5%, per KFF. Under Trump’s One Big Beautiful Bill Act, it’s estimated 10 million more Americans will be uninsured by 2034. You get a check and you get a check and you get a check Trump’s long promised cash outs to his fans, from his days as a casino operator and gameshow host to his presidency. During the early days of the COVID-19 pandemic in 2020, the first Trump administration made the unprecedented move to put Trump’s name on checks that went out under the CARES Act (notably the $500 refund checks this time around don’t feature Trump’s name). Ever since, Trump’s been chasing that high. In his second term, Trump’s promised more stimulus that never arrived, like refund checks from DOGE cuts and tariffs, while he said at his party’s convention last month that he’d give out $5,000 checks to everyone if Republicans win in November. In reality, DOGE overstated its cost cutting and Trump’s government actually now spends more than former President Joe Biden’s, while Trump’s tariffs actually grew the trade deficit. His proposal for $5,000 checks would add about $1.2 trillion to the national debt. The problem is there’s no money to give. These $500 checks — plus $90 Medicare rebate checks also going out as well as $250 deposited this week in some Trump Accounts for kids courtesy Dell Technologies CEO Michael Dell and his wife Susan — represent the closest Trump’s going to get to making good on his promise to deliver cash fast. And the checks seem especially targeted. Though the $500 checks went out to enrollees in one of 30 states that use the federal HealthCare dot gov marketplace, a Reuters review found 71% of the payments, or $339 million, went to enrollees in 13 states that have the most competitive elections for governor and U.S. Senate. Most Americans don’t buy it Could Trump bucks sway the election? An Economist-YouGov poll found 57% of U.S. adults doubt Trump will deliver on his promise for $5,000 checks, compared to 21% who do. “I’m waiting on my DOGE check and I’m still waiting on my tariff check,” one 2024 Trump voter who’s since turned on him told a recent focus group. “It felt like kind of trying to buy people’s votes, which honestly felt like in elementary when the class president was like, hey we’re going to take you to the water park if you vote for me. It’s like, I don’t think it works like that.” But for voters in swing states who got a check, it could still matter. One survey published in 2022 found receiving a physically personalized check in the mail during the pandemic was associated with a much greater self-reported likelihood of voting for Trump in 2020, and those gains mainly came from out partisans. The issue for Trump comes if these checks are mostly going to Obamacare enrollees whose premiums have gone up by more than just $500 since he took office and who view the money as something like a bribe before the election rather than an actual long-term solution to lowering household costs. Spending $500.50 per mailer would be absurd as a normal campaign expenditure, but since Trump’s checks and letter are a government rebate, his campaign and super PAC didn’t have to spend a dime and he got out his message regardless. If enough voters in key states are swayed by the one-time payment, it could prove to be the best $0 the Trump campaign spent. Subscribe [ ](https://www.yellopolitics.com/p/why-independent-candidates-are-making) [ Why independent candidates are making independence central to their brand ](https://www.yellopolitics.com/p/why-independent-candidates-are-making) Hunter Schwarz · Oct 6 [ Read full story ](https://www.yellopolitics.com/p/why-independent-candidates-are-making) [ ](https://www.yellopolitics.com/p/these-designers-and-grocery-nerds) [ These designers and grocery nerds will brand Mamdani’s NYC grocery stores ](https://www.yellopolitics.com/p/these-designers-and-grocery-nerds) Hunter Schwarz · Oct 2 [ Read full story ](https://www.yellopolitics.com/p/these-designers-and-grocery-nerds) Trump wants to turn his first-ever golf course into a government course for presidents
Wells Fargo faces regulator probe over efforts to boost black homeownership, WSJ reports
The Donald Trump administration's housing officials are launching a probe into Wells Fargo over programs and commitments the bank made nearly a decade ago to increase homeownership among Black Americans, the Wall Street Journal reported on Wednesday.
Best Prime Big Deal Days Tech & Apple Deals 2026
Shop the best tech and Apple deals during Amazon’s Prime Big Deal Days. Save big on AirPods, Apple Watch, MacBooks, headphones and more top gadgets.
It’s Nearly Impossible to Budget for AI Spending
Artificial-intelligence use is measured in tokens, but the models’ use of tokens at any given task can be unpredictable.
The Business of Youth Baseball is Booming. So is the Cost | The 10-Point for October 4
Plus, truckers feel the burn of rising diesel costs, and we bring you inside 24 hours under fire in Kyiv.
Five Best Books on Women in the Movie Business
The author of ‘Jungle Red!’ on revelatory stories from women on camera and behind the scenes in Hollywood.
Disney plans restructuring of television business, WSJ reports
Oct 1 (Reuters) - Walt Disney plans a restructuring of its television business that could result in hundreds of layoffs and the consolidation of divisions, the Wall Street Journal reported on Thursday, citing people familiar with the matter.
Bobby Kotick’s lawyers sent me a bad email (and later apologized)
The message I had received was unsettling—for a moment. Then it was just really confusing. Back on January 20 of this year, at 5:15pm ET, I received an email with the subject line “Legal Correspondence re Bobby Kotick.” It was from the law firm Clare Locke, a firm I’d heard had been emailing reporters in recent years about their coverage of Kotick, the former, longtime CEO of Activision Blizzard. The letter was threatening. A lawyer from the firm introduced themselves as “defamation counsel to Bobby Kotick.” They issued a “demand” that I “correct” a Game File article I’d published a week prior. The article that had irked them had been a scoop of sorts. I’d written about a a 2022 lawsuit brought by a Swedish pension fund, AP7, over Microsoft’s purchase of Activision Blizzard. The suit wasn’t news, but I was first to review and report about Kotick’s extensive pushback to the fund’s claims. The pension fund’s core contention was that the sale had been rushed by Kotick to avoid the consequences of sexual misconduct scandals swirling around the company in 2021. (He’d not been accused of misconduct himself in those suits, to be clear.) As I wrote at the time, Kotick had denied the allegations of the rushed sale. Beyond that, Kotick used a December 2025 reply to the Swedish fund’s lawsuit to assign blame for those workplace scandals, the bad press and even for the AP7 lawsuit. I’d found Kotick’s arguments novel and newsworthy. Across nearly 3,000 words, I explained Kotick’s take: that a Swedish gaming company was behind the Swedish fund’s lawsuit (the Embracer group; they denied it); that the Microsoft-Activision deal was not rushed and was secured at what Kotick felt history had proven to be an optimal price for shareholders; that he believed a conspiracy of people at unions government agencies, PR firms and the media had spun up claims of widespread workplace misconduct at Activision Blizzard in 2021. The article gave context for all of this, letting readers assess the claims and weigh their credibility. As I’d later write to Kotick’s lawyers: I would be surprised if you could point to any news article about Bobby Kotick in the last five years that has spent more of its wordcount articulating his point of view. He is welcome to do an interview with Game File any time. Nonetheless, there they were in my inbox that Tuesday evening: Clare Locke, the law firm that secured a $787.5 million settlement from Fox News over false statements about voting machines. They were emailing me, threatening that failure to comply with their demand could support a claim of “actual malice,” a legal standard for libel. Unless… Unless, they said, I added a key paragraph to my article. This was a paragraph that I already knew Kotick’s lawyers had been emailing reporters about for at least a year, and it was a paragraph that was already in my article. The paragraph they wanted is from a 2023 settlement that California’s Civil Rights Department struck with Activision Blizzard. The settlement had closed a two-year-old lawsuit over alleged sexual discrimination at the game maker. The paragraph basically said that claims of systemic or widespread sexual harassment—or of execs like Kotick tolerating such behavior—had never been proven. I’d already seen proof that Kotick’s lawyers had pushed for the settlement’s language to be added to reports about 2021 sexual discrimination and misconduct lawsuits brought against Activision Blizzard by California and, separately, by the U.S. federal government (both suits were since settled). I knew that Kotick and his lawyers felt that the California settlement language should be mentioned in the same breath as references to an article he hated and denied, a November 2021 Wall Street Journal article claiming Kotick knew “for years” of sexual misconduct at Activision Blizzard. So, in the Game File article that Clare Locke emailed me about, in the interest of ensuring I was being fair and balanced regarding the person I was covering, I had already included the following excerpt from the California settlement [emphasis added in bold]: (Kotick has repeatedly pushed back against that November article in the Wall Street Journal, citing among other things, language from a court-approved consent decree as part of Activision’s 2023 $54 million settlement over the California suit. It states: “no court or any independent investigation has substantiated any allegations that: there has been systemic or widespread sexual harassment at Activision Blizzard [or] that Activision Blizzard senior executives ignored, condoned, or tolerated a culture of systemic harassment, retaliation, or discrimination.”) On the evening of January 20, I was incredulous. How do you write a four page legal threat about a week-old article and miss this? While scrambling to also make my kids dinner, I wrote a lengthy reply to Clare Locke’s lawyers, basically asking them to cool it with the threats and to start making sense. In part, I wrote: I hope you can understand why I am having trouble understanding what you’re asking for, when the statement you’re demanding to see in Game File’s article already appears in Game File’s article. Actual malice, as you know, refers to a reckless disregard for the truth. I’m not sure what your argument is when my article already states your client’s position. Here is where I should remind you, the reader, that I am an independent journalist. I publish on Substack, and have availed myself of the Substack Defender program that provides writers on the platform with legal support. But I’m no Wall Street Journal or New York Times, nor even IGN or GameSpot when it comes to such things as, well, having a legal department. There are more fun things for me to do as an independent journalist than writing back to a powerful law firm representing a very rich person. On the evening of January 20th, I was just trying to cook some pasta, broccoli and chicken nuggets for hungry twins. Nevertheless, I wrote back to them. Two hours later, I got a reply. Summarizing: A lawyer for Clare Locke said they’d “reviewed an incomplete version” of my article and they “apologize for the confusion.” (My guess: Someone didn’t read past the piece’s paywall, even though they’d had a full week to scrounge up the funds to do so. What I’d published above the paywall was balanced, as was what came after.)1 That was almost that, but something about the situation bothered me. The letter had been marked “confidential.” I hadn’t agreed to that, and I disliked the idea that powerful people on the beat that I cover would act like they could unilaterally control what I might tell my readers about. On the morning of the 21st, having already gotten the powerful law firm to back off, I oh-so-wisely re-approached them with just one more thing. I thanked them for clearing things up the night before but noted that I’d never agreed to keep their letter confidential. I’m all for agreeing with a source to keep things off the record, but that’s the thing. We have to agree. You can’t just declare it. I’m not bound by that. I wrote to Clare Locke’s lawyer and said, in part: I trust the matter is resolved. It was disappointing to have to spend less time with my kids last night in order to address your legal letter. Family time’s precious. I will add, for clarity’s sake, that, while your letter stipulated that it was confidential, I did not agree to those terms. In the future, should you wish to communicate with me confidentially, I am happy to agree to classifying our communication as “off the record” prior to the actual communication—as is standard with any professional journalist. The firm’s lawyer replied, not directly addressing the confidentiality issue but asserting that the matter was resolved. Why I didn’t write about this until now In May, I told this story on an episode of Simon Parkin’s podcast My Perfect Console, but I held off on sharing it directly with Game File readers. I held off to avoid stepping on the toes of another reporter, the journalist Mikhail Klimentov. He’d interviewed me in the spring of 2025 about an investigation he was working on regarding Bobby Kotick lawyers pressing the media to add the California settlement language to stories referencing the 2021 lawsuits. And about how some outlets had changed their stories and how some simply deleted them. Initially, I was a third-party source for Klimentov’s reporting, providing on-the-record context about the state of the games media. I’d heard about the letters but hadn’t put the time into pursuing the story. I thought it was interesting, and I was glad he was covering it. When the outlet that Klimentov was going to run his reporting in dropped the story, I began talking to him about potentially publishing his reporting on Game File. This was tentative. Then, in January, when I got my own Clare Locke letter, I told Klimentov that I didn’t think it would make sense for me to publish him, not with me now being part of the story. I had my own version of this situation to tell. But I wished him well and said I’d refrain from telling my tale until he could get his reporting out there. Last Friday, Klimentov finally ran his investigation, in a nearly 48-minute video report for People Make Games. It covers various Clare Locke letters, how media outlets reacted to them and what to make of all this. His video weighs the merits of Kotick’s request and looks at some of the articles that were changed (one of which had a glaring error). I highly recommend watching it: (Note, I did some editorial consulting for a People Make Games video last year but nothing to do with this report.) While many outlets haven’t left any public evidence that they updated their Kotick coverage at Kotick’s counsel’s request, at least one has. Back in October 2025, the mainstream outlet Reuters applied the most transparent article update I’ve seen. On the 3rd of the month, they published an article about the state of the Swedish pension fund’s lawsuit. Days later, they added this: In an October 7 letter sent after publication of this article, Kotick’s defamation counsel disputed claims of widespread harassment at Activision. “Not a single investigation, court finding, verdict, or ruling ever concluded that there was any merit” to the allegations of widespread harassment at Activision, Tom Clare and Nick Brechbill of Clare Locke wrote. I’ve never added a statement to my article on Game File, because none was needed. Not for fairness’ sake, nor to meet any demands of Kotick’s lawyers. I’ve nevertheless wanted to be transparent with Game File readers. If someone powerful is questioning my reporting, is threatening a lawsuit over it… if that threat is part of a pattern involving other games media outlets and if, in my case, the whole thing ran into a ridiculous ditch, I want you to know about it. I also share this as a real example of how I handle threats to Game File. I stand up for my own reporting, even when it’s not comfortable to do so. (In that same category of standing up for the work I do, I’ll point to an incident in late August. Asocial media post I published to X/Twitter regarding reporting I did about Take Two and GTA VI was hit by bogus copyright claim by a firm working for the publisher. I pushed back and got it reversed; even while a bigger games media outlet let themselves be censored. This is the other reason I’m sharing this story: To emphasize that dealing with threats from powerful people is one of the costs of covering the video game industry independently and as fearlessly as possible. This is where you come in. Your support, through free and paid subscriptions (sign up here!), can help me keep doing that. It can ensure that I’ve got the back-up I need. And it can help make fiascoes like this even less of a worry, so I can spend my evenings dealing with more important things, such as making sure I steam the kids’ broccoli just right. 1 That pension fund lawsuit I wrote about in January has all but gone away. In May, the fund and Activision Blizzard owner Microsoft agreed to settle. Lawyers for the fund brokered a $250 million settlement for former Activision Blizzard shareholders. In the settlement, the fund’s lawyers changed their rhetoric. Where once they’d questioned the meaning of the California settlement language, they adopted a version of it for themselves. Several weeks ago, while seeking to get a court to sign off on the terms of the settlement, they proposed their fee for their work in the case: $60 million.
Revamped Data Tool IDs Trends In Mental Health, Substance Use Among CT Residents
The portal is designed to provide researchers, journalists, and community members statewide with streamlined access to mental health and substance use data through interactive visualizations and centralized resources.
New Tax Credit Available For Small Businesses Offering Health Insurance
Eligible businesses, which include those with 50 or fewer employees, can receive a tax credit of up to $1,000 per employee per year when they offer an Individual Coverage Health Reimbursement Arrangement (ICHRA) through Access Health CT.
Access Health CT Revises Open Enrollment Dates For 2027
Access Health CT is Connecticut’s official health insurance marketplace, where residents can shop, compare and enroll in health and dental plans. It is also where eligible customers can get financial help and enroll in low or no-cost insurance through HUSKY Health Programs (Medicaid and the Children’s Health Insurance Program (CHIP)) or the Covered CT Program
Paramount, California AG discuss concessions including $1.5 billion investment, WSJ reports
Sept 20 (Reuters) - Paramount and California's attorney general have discussed a range of concessions in advanced settlement negotiations, including a $1.5 billion investment in production in the
T-mobile customers will have to pay monthly fee for iOS 27 feature
Apple launched its new iOS 27 on Sept. 14.
The Big Holes in Wearable Heart Rate Variability And Readiness Scores
On September 9th, Apple announced it was revamping its Apple Watch Health Sensing System, rolling out a Readiness score (0 to 10), and increasing the frequency of heart rate variability (HRV) outputs 24-fold. This can be viewed as upping its competition with various other consumer wearable sensors. These “readiness scores” as a composite of multiple metrics, with heart rate variability (HRV) being front and center for most. The majority of Americans are now using wearable sensors, which equates to well over 100 million adults. HRV and Readiness scores are increasingly being marketed as a measurement of autonomic nervous system health, a digital marker for future disease, a clock for biological age, and a holistic metric to promote healthspan and even longevity. (Apple also introduced a new longevity tab and “Health Age”.) None of this has been proven. In this edition of Ground Truths I am going to review what we know about heart rate variability and readiness scores. Heart Rate Variability HRV is the variation in normal heart cycle timing. The variability of the heart rate, the barely perceptible millisecond changes in time between consecutive heart beats (see R-R intervals in the Figure below, left panel), is due to interplay between the sympathetic and parasympathetic (vagal nerve) inputs. Distinct from heart rate, individuals with the same heart rate can have very different HRVs. It is a rough reflection of the autonomic nervous system (ANS) activity, inadequate to say whether a person’s ANS function is abnormal. For more than three decades, heart rate variability (HRV) has been measured and several studies have found an association of low HRV and clinical outcomes, particularly a link with higher all-cause and cardiovascular mortality. There have also been less well established links of low HRV to risk of early cognitive impairment, dementia, mental illness, Type 2 diabetes and substance abuse. An important reminder is that HRV is a surrogate marker without any established cause-and-effect relationship. If you increase your HRV, that doesn’t mean it will improve health outcomes. In fact, there is no hard evidence for that. All that work linking to health outcomes was done with electrocardiogram (ECG) derived HRV. Now, in the era of consumer wearables, this is getting assessed differently, by optical pulse (yes, the lights you see) plethysmography (PPG) or what is called pulse rate variability (PRV). They are not the same, as shown below (right panel) and only concordant when the delay between the ECG and pulse is kept constant, which basically means at rest. I should mention there’s also what I will call MPV, a mattress mechanical movement sensor, a derived heart rate variability, that companies like Eight Sleep use, even further away from directly measuring HRV. HRV has not one uniform measurement but many different types of quantification, such as RMSSD, the magnitude of difference between successive R-R intervals of normal sinus beats (N-N) or SDNN, the standard deviation of NN intervals, both in milliseconds. SDNN is one of the so-called frequency domain HRVs (others are LF, HF, LF/HF). Different wearable sensors use different metics; Apple has relied on SDNN and nearly all of the others use RMSSD, which is generally considered the more accurate metric. There’s also the different length of time measured, such as for a matter of minutes, all day, or an overnight’s sleep. Short measurements are especially problematic since they don’t capture enough of respiratory modulation and other factors that influence HRV. Share Ground Truths How well does HRV correlate with PRV? There are very limited studies, especially independently done. One that is commonly cited was conducted by Air Force researchers in only 13 healthy adults assessing Oura ring 3 and 4, Whoop 4.0, and Garmin Fenix 6 and showed a correlation coefficient of 0.88 to 0.97 and a mean absolute percentage error from 6 to 10%. The correlation is not a perfect 1.0, but there’s at least a fairly high level of correlation. HRV is supposed to increase during the night due to takeover of the parasympathetic nervous system, and higher during deep sleep. A recent example of my 1 week, all day “HRV,” and one during sleep is shown below. As you can see, the N of 1 data are inconsistent for the same days from different sensors (Oura, AppleWatch, Fitbit Air, and Eight Sleep) by patterns, absolute numbers, and comparison with prior days and weeks. The largest study in over 8 million Fitbit users (the old version, not Google Fitbit Air, introduced in May 2026) gives you a sense of the effect of age, sex, and the 2 different main HRV (here PRV) metrics, with RMSSD on the left and SDRR (=SDNN) on the right below. That study, from data collected in 2018, is a major outlier, since all the more recent ones are tiny with respect to sample size. Many of the companies have not had independent evaluation of their HRV, such as Eight Sleep, but have published a low standard error on their website. There are some other published studies on the correlation between HRV and PRV, but they are all small and only in healthy adults. A scoping review emphasized the lack of study in underrepresented individuals, including the aged, people of color (which affects the PPG signal), and individuals who are underweight or obese. Add the typical adult age 60 plus with one or more chronic diseases. For example, one study in over 900 adults found poor correlation of HRV and PRV, non-uniformly underestimated across many chronic diseases (cardiovascular, endocrine, neurological, respiratory, and others), concluding PRV is “an invalid surrogate for HRV.” A recent systematic review of 43 studies comparing HRV and PRV found reasonable pooled absolute standardized error (HRV as gold standard) but only 10 of the studies provided quantitative synthesis in ideal conditions. Their main conclusion was similarly cautious: “PPG-derived HRV [PRV] should not be regarded as universally interchangeable with ECG-derived HRV across all devices, populations, and recording contexts.” Factors Affecting HRV and PRV That gets me to the long list of factors that affect HRV (and PRV) besides the device, the type of measurement (RMSSD, SDNN or others), the person’s signal, the sensor site, the duration of data capture, if weighting by sleep stage is used, how artifact is processed and corrected. And this list is not complete!: Oura puts out data from their community of users (who input data) on what affects their overnight HRV. The factors currently provided are: no alcohol (increase 8%), melatonin (increase 2%, float tank (increase 2%), wine (decrease 4%), and party (decrease 14%) in overnight HRV. Must be some big parties! Subscribe What is a PRV measurement good for? It has been falsely characterized as an index of “autonomic balance” and a specific indicator of stress. A 2018 review of the studies available for HRV and its relationship to stress, not using any of the current wearables, found that stress can lower HRV. But so can many other factors. The non-specificity of the signal, indexed to the table above, is striking. Evidence from a UK Biobank study of over 46,000 participants with actual HRV looked at genetically predicted HRV, a genetic risk score, that failed to show the expected HRV-mortality link, indicating that _HRV is likely not causa_l, but rather a reflection of person’s physiologic state. A review of consumer wearable HRV data from 5 longitudinal studies showed that nighttime PRV was not associated with perceived stress, and surprisingly higher HRV, in the largest cohort (N=717 participants), was correlated with higher stress. An Oura ring cohort of 525 first-year college students found a link between overnight PRV and perceived stress, but that was also seen with resting heart rate, sleep, and respiratory rate. Several very small studies have examined the relationship of HRV and athletic injuries or guiding training with mixed, and predominantly negative results. HRV biofeedback training with paced breathing had no significant effect on reducing stress or raising HRV, as demonstrated with sham controlled trials. When HRV for multiple days showed a decline in conjunction with body temperature, the Oura ring published data for prediction of Covid. The WHOOP company sponsored an observational study, published in 2026, of 30,000 users for 72 weeks, without a control group, that reported reduced alcohol intake (5.8 % points) by self-report. That doesn’t tell us much, and particularly about the merits of HRV for behavioral change. If you use the same device and conditions as longitudinal trends for multiple (at least 2-3) weeks that may be the one way to get something useful from the measurements. Data for overnight sleep with minimal motion and using RMSSD is the best proxy for real HRV. The reason to look at trends rather than any given night is that it more likely represents something, even though you won’t know with certainty what the “it” is. Keep in mind there are no data, no peer-reviewed evidence, to show that HRV fluctuation in-person has any correlation with health outcomes. Share Readiness Scores These are proprietary scores that integrate different metrics for each of the wearables: no algorithms have been disclosed. They are unvalidated against health outcomes. In a review of 14 composite health scores of readiness and recovery, HRV contributed 86% to the scores, followed by reading heart rate (79%), physical activity and sleep duration (both at 71%). That review noted the substantial variability in measurement protools and lack of standardization. Sleep staging is notoriously inconsistent and inaccurate by these sensors, which adds further to the HRV uncertainties for what the scores, which use sleep stage data, mean. Only resting heart rate has been shown consistently across devices to be extremely accurate. I’ve made a Table to summarize what we know about which metrics are included, the scores, any peer-reviewed studies that compared the readiness score with health outcomes, and the corresponding (if any, NA-not available) citation. You will note that some companies do not use the term “readiness," such as WHOOP for recovery, and Garmin, which has 2 different scores, one of which is Body Battery. Eight Sleep uses the term “Fitness Score.” They all include HRV; Apple includes a new metric they call “Recovery HRV” which among other components uses 7-days of sleep, but it is unclear what this means or how it is differentiated from other scores (there are clearly no data for outcomes). We have no knowledge of how the different components are weighted or whether any of these scores are better than resting heart rate, HRV alone, physical activity, or any other single metric. Since none of these are standardized, they are not interchangeable, so if you get a 90 for Oura that has no relationship to a 90 on a Google Fitbit Air. Notably, the company can update its algorithm for readiness score at any point without notification to device users. Without any useful evidence of actionability for these scores or established relationship with health outcomes, it is hard to make a case for their value. At the Apple recent announcement they showed their Readiness score (0-10) on the watch (Figure below) but there are no published data on this score, not even on their website. It’s available only on their new Watch Series 12 or Ultra 4 [of course, ;-)]. That exemplifies the problems with these scores, lack of data and evidence for being meaningful to promote health. Perhaps the best study (which isn’t saying much) is the WHOOP Recovery for golfer performance, because it did correlate with an objective outcome, even though there was no control group and the authors were all from the company. Among the 389 pro golfers, an absolute 10-per cent point increase in Recovery score was associated with about 0.5 fewer strokes per round. But that’s hardly a health outcome! WHOOP is also conducting a study in over 2,700 runners to see if their recovery score will be linked to less injuries and improved performance, but that is not yet published and has no control group or randomization. Putting This in Context For two decades I’ve been enthusiastic about the potential for digital health and particularly wearable biosensors. Over the years, we’ve seen some great progress for their ability to promote physical activity and accurately detect atrial fibrillation (the first FDA cleared deep learning AI for consumers). That work was the subject of rigorous research. But there are holes in the data and evidence for other metrics. One notable one is the “VO2 max” story that I wrote about earlier this year. At that time many subscribers asked me to cover heart rate variability, which I finally got to here. When I dived into the research and publication for HRV and readiness scores, I expected to find at least some that were of high quality and demonstrated their utility by linkage to health outcomes. To my surprise, I found none. The wearable sensor measurements for HRV (PRV) are, for the most part, accurate, but that validation work has only been done in small studies of healthy adults and does not take into account the long list of factors, from the device, software side, and the user side, that affect HRV measurements. Moreover, this metric chiefly relies on optical sensing and, as we have learned for heart rate PPG sensing, may be less accurate in people of color. Keep in mind that all of the health outcome association evidence comes from ECG-derived HRV; none are from wearable sensor data. I will repeat the key point: there's no peer-reviewed evidence to show that in-person HRV fluctuation—or efforts to raise your HRV— has any correlation with health outcomes. For those of you who look at your HRV on awakening, or even 2+ week trends of it being low, I hope this context helps to relieve any anxiety. Yes, low HRV (not PRV) has been shown to increase risk of some diseases as summarized above. But efforts to raise your HRV—a surrogate metric— has not been established for improving any health outcomes. HRV does not have any evidence of causality (the genetic evidence actually goes against this possibility). In this summary, I have not included data for other wearable sensors such as Polar, Samsung, Withings, Suunto, Amazfit, Coros, Ultrahuman, or additional mattress sensors. These are beyond my first-hand experience, and as far as I know from my in-depth review none have any peer-reviewed published data that differ from the 6 sensors I’ve reviewed here. From the points I’ve gone over above, we’re not ready for readiness scores. Besides being proprietary, they are predominantly based on metrics that have their own issues. It’s compounding the problem, like building a house without a solid foundation that has never undergone a rigorous inspection, and then selling it. Like I mentioned for PRV, you can look at trends over weeks rather than any single day, to get a handle, but even that may not be helpful. There’s simply no evidence that these scores meaningfully relate to health outcomes. I’d emphasize they might, but that requires doing prospective or randomized studies to prove it. None exist. There’s great promise for HRV/PRV utility_. For example**,**_ Prof Maiken Nedergaard, who discovered the brain glymphatics that are essential in eliminating metabolic waste products from the brain during sleep, has posited that HRV could be a non-invasive marker for neuromodulator oscillations, brain-body regulatory circuits, and brain clearance. That would be extremely useful, but like everything else on HRV and readiness scores it requires solid research and validation. The lay media isn’t helping much to get the story straight. Earlier this year The Economist published a piece entitled “The most useful indicator of your overall health” which ordained HRV as an “accumulated stress score.” That’s akin to the false assertion about VO2max: “V02 max is the singular most powerful marker for longevity.” As I’ve summarized here, that is not established. The fact is that so many things can lower HRV, including physical exercise (especially an intense workout), reduced sleep quality, stress, the list above, no less the device, signal, and software. Whatever fluctuations observed have not been correlated with any health outcome. Sadly, “datamaxxers” are widely using HRV and readiness scores that have never been validated to mean anything. We already know that for some people using the sensors for sleep metrics, it can induce “orthosomnia,” an obsession to get high sleep quality, with associated high levels of anxiety. In an experiment done by a company to promote sleep quality for its employees, “For those employees who did use the trackers, many reported feeling perfectly rested until their tracker told them they had had a terrible night. Others were told that they had slept like a baby when they had actually been lying awake worrying about the quality of their sleep. “ The same problem can result from preoccupation with HRV or readiness scores, with anxiety that would lead to further reduction in both. It you are using a wearable like >100 million American adults, it’s OK to look at these data, but contextualized with the major caveats reviewed here. If you are one to require evidence that HRV or readiness scores are linked to health outcomes, you may not even want to look. The companies make it hard to turn them off! Let me end with the companies that make and sell wearables. Apple’s doubling down on HRV (24-fold more reporting and heart rate very 5 seconds) and introduction of a Readiness score tells us that consumers have bought into these metrics and they are joining the club. However, all of this is occurring with a backdrop of tens millions of users, claims about the data that are not backed up by adequate evidence, marketing way out in front of whatever limited data exists, and not being transparent about their readiness score algorithms. The companies can well afford to do the research that is needed to connect these metrics with health outcomes show, once and for all, that increasing HRV or using readiness scores promotes our health. If they believed and invested in the products they are selling, we’d not be in this position of not knowing. That’s essentially where we are with HRV and readiness scores. Perhaps someday this will change and we’ll have good reason to embrace them. NB: I wrote this post. No AI. I have no conflicts of interest with any of its content. Loading... Ground Truths has 215,000 subscribers from every US state and 214 countries. There are over 300,000 followers of Ground Truths so more than 90,000 folks who can easily convert to be free subscribers. Your subscription to these free essays and podcasts makes my work in putting them together worthwhile. If you’re not a subscriber, please join! If you found this interesting PLEASE share it! Share Ground Truths The proceeds from all voluntary paid subscriptions go to support our summer internship program. It enabled us to accept and support a record number of 62 summer interns that joined us in 2026! These are high school, college and medical students selected from thousands of applicants. We couldn’t do this expanded program without the funds coming in through Ground Truths. Thank you!
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The core anti-Pangram constituency is phony writers
Welcome to The Closing Argument, our verdict on the news, plus everything The Argument published and appeared in this week. The Verdict, by Kelsey Piper A lot of people hate AI for drowning the internet in slop and displacing human creatives. You might think that these people would be thrilled by a program that can identify and flag AI-generated work. But many people who hate AI also hate Pangram, an impressively accurate AI detector that produces very few false positives, according to high-quality independent research. This loathing found its most recent expression in a bizarre Wired article that amplifies a wide range of false arguments from Pangram skeptics: that AI detectors are racist (they’re not) or ableist (they’re not)1 or don’t work (this one does)2. Rather than starting from the premise that it would be really valuable to have a working AI detector and scrutinizing Pangram to make sure it lives up to that promise, the article starts from the premise that Pangram obviously has bad vibes and sets out to discover why. (One answer: The CEO microwaved lunch during an interview!) Why aren’t writers who resent Pangram more eager to distinguish themselves from posters who are having ChatGPT ghostwrite all their work? There are a few different things at play, but I think one key dynamic is this: These are often the same people. A core constituency for arguments like Wired’s is “writers” who are using AI to write their posts but resent this fact being made public. They stand to lose from AI detectors because AI detectors call them out. Share When Substack announced a partnership with Pangram, a sizable fraction of the platform’s authors rose up in outrage. Some people had experience with other AI detectors that didn’t work, and some felt that AI writing ought to be encouraged — both of which are fair enough. But the fury was fueled by authors passionately insisting that Pangram kept wrongly accusing them on almost every post they published. Pangram can be wrong, especially on short passages. But in the overwhelming majority of cases where Pangram looked at a whole blog post rather than a single paragraph, the program correctly detected work as AI. Even if we can’t be 100% sure in any individual case, we can notice the trend in the aggregate. Wired quotes Sam Illingworth, a professor of critical AI literacy at Edinburgh Napier University, who said, “I don’t think [AI detectors] work. … I think that detectors are prejudiced against certain people.” This spring, he said that he used AI for research and editing; this summer he acknowledged that in addition to research and editing, he also uses it “now and then for a turn of phrase I keep.” Pangram informs us that most of his posts are 100% AI-written (some are mixed AI-and-human) and that 100% AI-written posts started appearing last year. The favorable interpretation is that, as someone whose recent work Pangram consistently mistakes for AI, Illingworth sees Pangram’s flaws firsthand. The unfavorable interpretation is that the tool’s credibility trades off against his own, because its account of who writes his posts is not consistent with his. Illingworth is not alone in insisting the detector does not work. “It’s a Monday night in late July, and I’m pasting my own Substack draft into an AI detector for the first time. Not because I’m worried. Because I’m curious. I wrote every word of it myself, the way I write everything, out loud in my head first, in a rhythm that still carries the accent of a language I learned to think in before I learned to write in this one,” begins one Substack post by an author indignant that Pangram flags her writing as AI. “That’s the part I had to sit with before I could write this.” If you, like me, have worked with AIs a lot, you won’t even need Pangram there. The author of that piece is AI. It is obviously AI! I checked 10 other posts on the blog, and they were also obviously AI! “I have spent 22 years as an award-winning author and essayist. And now this bullshit tool that learned from MY writing is going to accuse me of plagiarism,” popular Substack writer Carlyn Beccia wrote in an anti-Pangram post. “For the last and final time, AI DETECTORS DO NOT WORK.” Here’s what her writing sounded like in 2020: “Most success stories revolve around one person who believed enough in you to say — give it a try. We call these people muses, but they are so much more than that. They are the strong man giants whose shoulders we stand on so we can see the horizon. Throughout the editing process, I am sure my editor felt less like a giant of greatness and more like Atlas with the world on her shoulders.” Pangram says it was 100% human-written. (So were other articles of hers in 2020.) And here’s what it sounds like now: “And then there is the reshuffling, which sounds like paperwork until you remember that empires have always loved paperwork. The Trump regime recently moved special education oversight from the Education Department to HHS. That is not a minor bureaucratic transfer. It changes the frame.”3 Pangram says this is mostly AI. I am not convinced that Pangram is wrong. In my own experience, Pangram is very effective on long texts — if it marks a long essay as AI, the essay was either written by AI or deliberately written to sound like AI. On tweet-length or paragraph-length texts, it’s not perfectly reliable. It seems to work just as well for non-native English speakers as for native speakers. While I have seen dozens of claims of pre-2022 text returning a positive result on Pangram, I have tried repeatedly to corroborate those and have never once succeeded. To be clear, I’m absolutely not saying that complaining about Pangram suggests a writer is a cheat. There are plenty of other concerns. Most are mistakenly premised, such as the false claim that Pangram trains on work you put into it, but others are reasonable: It’s unreliable on sufficiently short text segments; it creates an internet witch-hunt mentality when there are defensible uses of AI; people who are open about their AI use are sometimes blamed, when the only people really doing something wrong are the ones who hide it; and it isn’t perfect, so a single positive result shouldn’t be taken as decisive proof of misconduct. I’m happy to concede that Pangram is imperfect and possible to over-rely on. If an author’s posts are mostly non-AI and one scans as partially AI, this could be a mistake. It’s also possible to defeat Pangram with intentional effort. If you think we need something more robust and more reliable, fine! But if you don’t like AI and don’t like Pangram, your attitude really ought to be that it’s a shame that our existing tools for AI detection are imperfect, and it’s important to invent better ones. If your stance is instead that AI is evil and so is looking for AI, then ultimately you’re contributing to the sloppification of the internet. You’re making it harder for people who write their own text to distinguish themselves, and providing cover for authors who are definitely not writing their own text. Subscribe Top stories this week, by Kobe Yank-Jacobs Commentators often worry that the decline of reading could mean the decline of liberal democracy — but deliberative governance actually predated widespread literacy. This week, Maibritt Henkel pointed out that many liberal cultures thrive on a culture of raucous, interactive debate, which can happen in-person as easily, if not more so, than in text. Read on, dear reader, to learn more. It may actually cheer you up: [ ](https://www.theargumentmag.com/p/reading-wont-save-liberalism) [ Reading won’t save liberalism ](https://www.theargumentmag.com/p/reading-wont-save-liberalism) Maibritt Henkel · Sep 1 [ Read full story ](https://www.theargumentmag.com/p/reading-wont-save-liberalism) It used to be bad to downplay climate change (if we mean denying its reality). Today, it’s actually good to downplay climate change (if we mean keeping the issue out of political fights so we can make real progress). This counterintuitive view is called “climate hushing,” and contributor Alex Trembath argued that it’s the key to enacting good policy going forward. Get up to speed on the latest in climate politics: [ ](https://www.theargumentmag.com/p/we-wont-stop-climate-change-by-talking) [ We won’t stop climate change by talking about it ](https://www.theargumentmag.com/p/we-wont-stop-climate-change-by-talking) Alex Trembath · Sep 2 [ Read full story ](https://www.theargumentmag.com/p/we-wont-stop-climate-change-by-talking) Canada’s Prime Minister Mark Carney is standing up for the forces of liberalism against Donald Trump’s assault on our closest ally. So, why is one prominent left-wing commenter attacking Carney? Columnist Matthew Yglesias explains: [ ](https://www.theargumentmag.com/p/when-economic-liberty-means-central) [ When "economic liberty" means central planning ](https://www.theargumentmag.com/p/when-economic-liberty-means-central) Matthew Yglesias · Aug 31 [ Read full story ](https://www.theargumentmag.com/p/when-economic-liberty-means-central) 🌟Abundance Wins of the Week🌟 Shout out to my home state of California, whose legislature passed two housing bills this week. One requires a housing density minimum in transit-oriented areas of the state’s most transit-rich cities (Los Angeles, Sacramento, San Francisco, Oakland, San Jose, San Diego, and Long Beach). Another bill closes two common loopholes used by third parties to delay housing projects, including an opportunity to challenge maps of a given lot created by the developer after a project has been approved. Shout out to our big-state rival, Texas, where pro-housing SB 785 took effect this week. The new state law requires municipalities to have at least one district permitted for manufactured housing without a special permit. This will promote zoning changes in 44% of municipalities. The company Fervo Energy signed a deal with Google for what is set to be the world’s largest enhanced geothermal facility, proving a technology can work at a scale that could be crucial to a decarbonized, energy-abundant economy. Share Worth watching… This week, forecasting legend Nate Silver joined Jerusalem, Matt, and Jeremiah on a crowded episode of the pod. It was a party. And speaking of parties, our round table debated the factional lines within the Democratic Party: Is it possible to be center-left and also anti-establishment? Watch or listen to find out: The Rio Grande Valley in Texas is one of the areas that swung hardest toward Trump in 2024, but musician Bobby Pulido is running to flip it back. Right now, The Argument/Split Ticket’s model has him running 1.1 points behind his Republican opponent in a district Trump won by 18 points. Tune in to find out how he differs from national Democrats and what he thinks he can to do win this seat. On Thursday, Bernie Sanders was among the first politicians to call for a ban on superintelligence. My guest this week, Andrea Miotti, has been lobbying to ban superintelligence for several years, most recently in the U.K., U.S., and Canada. I asked him how he gets legislators to take speculative risks seriously, and we dug into what plans might look like to actually pass a ban. Listen to learn more: What’s News with The Argument The Argument recommends, by Kobe Yank-Jacobs If we ever lose track of Justin Zuckerman, I’ll have the team split up and check all the movie theaters in the city. I’m shocked (and a little jealous) at how often he gets out to see good cinema. This week, he brings us It Ends, a “horror-ish movie,” which he described as a “Gen Z Waiting for Godot.” I was intrigued before he added that it was “funny, dark and existential” — at which point I was fully locked in. I guess I also had existential themes on the mind this week. One morning, a single line from a poem I read long ago just came to me: “Is death a stretch of time in which a life is just a flash?” The poem is called “From 20,000 Feet” by Heather McHugh. I suggest the version in The Vintage Book of Contemporary American Poetry, which, by tradition, my best friend and I always bring backpacking, extra weight be damned. We’ll stay thematically dark for just one more rec from senior editor John Robert Thomason, whose upcoming trip to Baltimore reminded him to suggest Michael Clune’s memoir White Out (about being addicted to heroin in Baltimore in the 1990s). Ben Lerner’s blurb called it _“_Disturbing, brilliant, hilarious—it’s as if Proust had written Jesus’ Son.” John told me this “seems accurate, with the caveat that I’ve never read Proust.” I, personally, have also shelved Proust until retirement. At this point, I was a little concerned for the team since all of us tossed out such psychologically grim material — maybe we’re all down about the end of summer — but thankfully, at least a few of us were into more upbeat selections. Milan Singh recommended Made In’s 5-quart stainless clad saucier, suggesting he had some fun in the kitchen. Jeremiah Johnson asked if he could recommend yet more Carly Rae Jepsen. Once denied, he offered up Game Changer instead_,_ calling it “the most wildly creative game show, maybe in the entire history of the genre.” Eli Richman mentioned _Lucky, “_a B-tier show with an A-tier cast and an S-tier theme song.” I suppose he was recommending the song, Horns of a Bull. Still, despite these cheerier recs, I couldn’t help but be concerned that we were subconsciously worried about racing toward summer’s end — the end of swim trunks and splashing around. Then a message landed reminding me of the three-day weekend to come. A whole extra day for sunshine. One more swim in the lake. I was grateful this called to mind yet another line from a poem, one by Mary Oliver, the patron saint of every gorgeous summer day (and about whom a documentary is now out). Speaking to God in the poem “Thirst,” she wrote: grant me, in your mercy,a little more time. Love for the earthand love for you are having such a longconversation in my heart. We have merch! We have quarter-zips, keychains, hats, and stickers. Each one is a great conversation starter in its own way. Buy them here. Subscribe More to read: [ The Opening Argument ](https://www.theargumentmag.com/p/seeing-like-an-elite)[ Seeing like an elite ](https://www.theargumentmag.com/p/seeing-like-an-elite) Kobe Yank-Jacobs · Sep 4 What do Americans hear when they watch Sen. Bernie Sanders or Vice President JD Vance rail against the elite? Are they thinking of right-wing tech billionaires? Imperious college professors? Liberal magazine writers? [ Read full story ](https://www.theargumentmag.com/p/seeing-like-an-elite) [ The Weekly Scroll ](https://www.theargumentmag.com/p/god-is-back-on-the-timeline)[ God is back on the timeline ](https://www.theargumentmag.com/p/god-is-back-on-the-timeline) Jeremiah Johnson · Sep 5 This week, we’re talking about Substack’s new religious debates, the continuing MAGA influencer scandal, how to retire from YouTube, and aura battles. [ Read full story ](https://www.theargumentmag.com/p/god-is-back-on-the-timeline) 1 This was a legitimate thing to worry about, but doesn’t seem to be a problem given the actual technology: Marijke Van Vlasselaer, Filip Van Droogenbroeck, and Bram Spruyt’s 2026 paper looks at whether Pangram is less accurate when evaluating the work of non-native speakers of English. It isn’t. That’s because Pangram isn’t really looking at how “unusual” a piece of writing is but whether it has the characteristic patterns of LLMs. The Wired article makes an odd gesture at a different Pangram-is-racist argument. There were several controversies this summer during which upcoming books were canceled after being discovered to be AI-written: “The three novels mentioned earlier — Shy Girl, Daggermouth, and Call Me, easily publishing’s biggest AI-detection scandals — were all written by writers of color.” But come on! As Zvi Mowshowitz put it: “They were not primarily written by people of color. They were primarily written by AIs.” That’s the whole problem! And as my colleague Jeremiah Johnson recently observed with respect to Cambridge’s Arday scandal, a community being unwilling to call out fraud if it’s perpetuated by people of color is not an anti-racist tendency; it is ultimately quite racist. 2 Many non-Pangram detectors don’t work, but many possible airplane designs also don’t work, and no one considers this a general argument against aviation; the thing that matters is whether any detection works. 3 The phrase “empires have always loved” mysteriously became all the rage in the last few years. See here, here, here, here and here. Before 2025, the only use of that phrase I have been able to find is a single Tweet. The logic of the sentence, too, is incoherent in an AI-characteristic way. “...sounds like paperwork, until you remember that empires have always loved paperwork”? Does remembering that make it sound less like paperwork? It’s a craft-ful sentence, but what is it actually saying??
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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. 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