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Reaction: “Fabio looked dangerous from his first touch”
(in the mixed zone): “He had circulation problems (regarding the substitution of Konstantinos Karetsas, ed.). There had been no sign of it. He went to the hospital for further examinations. It would...
The 98 Biggest TV Show Flops, Bombs and Misses in the First Half of 2026
(Welcome to the Entertainment Strategy Guy, a newsletter on the entertainment industry and business strategy. I write a weekly Streaming Ratings Report and a bi-weekly strategy column, along with occasional deep dives into other topics, like today’s article. Please subscribe.) In July, I updated my look at how the “streaming bubble” popped since 2023, showing the decline in streaming TV shows over time. But after compiling and analyzing and writing about over one hundred TV show flops in the first half of 2026—I counted 99 “nominees” and there are even more honorable mentions—I couldn’t have told you that the number of shows is going down. When it comes to scripted, English-language TV shows, it feels like we have as many bombs as ever. I don’t keep a specific count, but some streamers probably had as many flops as they’ve ever had.1 That’s right, it’s time for part two of my analysis of the biggest flops, bombs and misses on streaming in the first half of 2026. Two weeks ago, I took a look at films. Today, TV shows. If you want to read the full methodology for how I assemble this list, you can find it at the bottom of this article. In short, this list is… ...scripted and unscripted TV shows,...from the nine major streamers,...in the US (using US-only ratings),...excluding true crime, kids and foreign-language shows,...that got no/poor ratings,...from Jan-2026 to the end of June-2026. Reminder: this article does not represent my personal opinion—many of these shows are great!—but I follow the data, and a miss is a miss and a bomb is a bomb. Also, price matters. If a TV show costs north of $100 million, it needs to get lots and lots of streaming viewership to justify that budget. As with past editions, I ordered this list by streamer, going from best (fewest flops) to worst (the most misses)—taking the size of the flops into consideration—and like the last edition, three or four streamers vied to take the win/loss of having the most flops. (But the actual winner is no surprise.) I try to avoid tooting my own horn too much, but seriously, in just under 5,000 words (including the methodology section) I provide a mostly comprehensive overview of the eight major streamers (Netflix, Disney+, Prime Video, Hulu, HBO Max, Peacock, Paramount+, and Apple TV) for the first half of the year, mentioning most of their hits and all their misses. It summarizes the entire first half of 2026! If you want to support this work, please subscribe. Subscribe Tubi Big Mood Boarders The Freak Brothers Twenty Twenty Six Honorable Mentions: Busted on Bodycam, Deestroying the Pitch, Destination World Cup 2026 I don’t think that Tubi spends all that much making or (mostly) licensing these original TV shows—Big Mood, Boarders and Twenty Twenty Six all come from the UK—but they’re not free and they didn’t chart anywhere. Winner: The Freak Brothers Have you even heard of this show? It’s an animated comedy...that’s on its third season! And Pete Davidson, Woody Harrelson, John Goodman and Tiffany Haddish all provide voice talent for it. Yes, animated shows don’t cost as much as live action shows, but cheap isn’t free! So a show with this level of talent needs to perform better. Disney+ Daredevil: Born Again Star Wars: Maul – Shadow Lord Honorable Mentions: Behind the Attraction, Donna Hay Coastal Celebrations, We Call It Imagineering Disney+ doesn’t make all that many original shows anymore. They had two flops, and one was animated. Their one not-a-miss show, Wonder Man, got just good enough viewership to not be considered a “miss”...but it’s since been cancelled. At this point, Disney has pivoted entirely away from making big budget TV shows for Disney+ to making...almost nothing for Disney+? Sure, Disney’s spending circa 2019-2022 was unsustainable, but now they’re pivoting too far in the other direction. At some point, Disney needs to stop shifting strategies so wildly. Really, Disney should have made fewer shows for Disney+ at launch and the shows they did make at that time needed to be made at more reasonable budgets. And they should adopt that strategy now. Winner: Daredevil: Born Again Daredevil, the Marvel Comics character, is on my personal Mount Rushmore of favorite superheroes, so it pains me to give him the win/loss today, but this show deserves it. I’ll repeat my hot take from last spring: “Based on his popularity, Daredevil should be in movies, and probably ones that cost a lot less than the MCU’s usual price tag. Disney/Bob Iger/Ike Perlmutter (who, based on reporting, made the decision) made a huge mistake selling TV shows to Netflix in the 2010s, thus limiting this character to the small screen. Daredevil could have anchored Marvel’s post-Infinity War plans, and if he did, the MCU would probably be in a better place than it is now.” HBO Max We’re just getting started with this issue, but the rest is for paid subscribers of the Entertainment Strategy Guy, so if you’d like to find out… What four streamers had the most misses... HBO’s strong start to 2026… The caveat to Peacock’s turnaround this year... Paramount+’s key man problem… What country isn’t delivering hits for Netflix or Hulu... The cavalcade of stars on a streamer where no one is watching their shows... Across nearly 5,000 words of analysis… And a lot more... ...please subscribe! We can only keep doing this great work with your support. If you’d like to read more about why you should subscribe, please read this article about the Streaming Ratings Report, why it matters, why you need it, and why we cover streaming ratings best.
Monster Jam coming to Gwinnett this weekend
Long before she made a name for herself on the insanely popular Monster Jam circuit, Kayla Blood approached and cleared her share of hurdles.
Protesters rally against Academy of Natural Sciences closure
Protesters rallied outside the Academy of Natural Sciences Tuesday as the 198-year-old Philly museum prepares to close at the end of September.
National Park Service’s WWII series highlights Washington State nature reserve
Olympic National Park had strategic 13 Aircraft Warning Service stations.
Exclusive: Two of gaming’s biggest names are making a big investment in gaming’s future
The first thing to know about the Nova Games Foundation is that it isn’t about The Game Awards. And it’s not about PlayStation. The ambitious new grant program is the brainchild of Geoff Keighley and Mark Cerny. Keighley is the host of The Game Awards, Summer Game Fest and Opening Night Live. Cerny is a game designer of some 45 years and the lead architect for the PlayStation 4 and 5. But this new thing, which they’re revealing through Game File, isn’t about their day jobs. It’s an unaffiliated, standalone philanthropic project. It’s a bet on the artistic future of video games and a way, they tell me, to give back. “I’m nearing the end of my career,” Cerny recently told me over email. “I’m not done yet, but paying it forward—in the best way possible—is very much on my mind these days,” The Nova Games Foundation is a university-affiliated fellowship program, intended to offer six-figure grants to 20 young game designers each year, potentially for decades to come. It will offer no-strings-attached funding along with mentorship from games industry leaders, a combination intended to aid the development of groundbreaking new games, Cerny and Keighley told me. Nova will begin accepting applications in December, from class of 2026 and 2027 students from 13 affiliated gaming programs at universities in eight countries. The schools working with Nova include the New York University and the University of Southern California in the U.S., along with Abertay University in Scotland, Cnam-Enjmin in France, TH Köln in Germany, and the Royal Melbourne Institute of Technology in Australia, Cerny and Keighley said. The plan: $100,000 per recipient, with about a quarter of Nova fellows eligible for up to $500,000 more for projects that are shaping up particularly well. Payments will be delivered based on development milestones, and recipients will own their games. Nova will help promote the work, and developers will be free to pursue the publishers and platforms of their choice. Nova can help introduce fellows to publishers, but won’t take a cut. “I’ve always wanted to give back, but given my role in the industry, I’ve never felt it appropriate to commercially invest in games,” Keighley told Game File. “I’ve never owned stock in a game company or taken a financial stake in a game. Nova is philanthropy: we aren’t taking equity or looking to recoup the grants. The return we’re hoping for is creative—helping new voices make games and find their footing. “Mark and I have each made multi-million-dollar donations to establish the foundation, and we intend to keep contributing. We hope others will join us.” Cerny and Keighley have already hired an executive director, John Maconga, and a head of grants, recent Game Developers Conference director Ashley Corrigan, to help launch the effort. They’re working to recruit game industry leaders to join the effort. Keighley says “dozens of leading game directors have already expressed interest in contributing their time.” To name one, they’ve already gotten Josef Fares, lead designer from It Takes Two and Spit Fiction studio Hazelight on board with a donation and pledge to help out. “I’m proud to support Nova because it gives the next generation of creators the freedom to explore their creativity and hopefully bring their unique visions to life,” Fares told Game File. A plan forged from a friendship Keighley and Cerny have known each other a long time. It’s been so long, Cerny isn’t even sure exactly when they met. “We travel in much the same circles and I’m sure first intersected in the 90s or early 2000s,“ Cerny said. Keighley thinks it might have been during his stint writing a column about the mid-’90s console 3DO for a gaming magazine while Cerny was working on games with Crystal Dynamics or on Way of the Warrior with Naughty Dog. They became genuine friends about a 10 years ago, Keighley said, as they bonded over a shared love of games and a hope to improve the industry. “About a decade ago, we started having dinner a few times a year in LA,” Keighley said. “Just to catch up on life and the industry. Those conversations continued over Zoom during COVID. Nova grew out of that friendship and a question we kept coming back to: ‘What could we do to help the next generation of game directors get started?’” Keighley credits Cerny with the idea to figure out a way to put their money and time back into the industry. At one of those dinners, Keighley proposed the idea of a fellowship program. He’d recalled applying for a Rhodes Scholarship when he was younger. “Spoiler: I didn’t get it,” he said. He’d admired the MacArthur Foundation’s so-called “genius grants.” He liked these kinds of programs that recognized people’s talents and gave them the financial boost and the freedom to realize their potential. With Cerny, he had pondered what a game industry version of that could be. Keighley liked the idea of centering the fellowship on students, drawing inspiration from the accomplishments of Jenova Chen, the USC game design graduate who went on to lead the creation of gently moving, ambitious games such as Flower and Journey. Keighley also thought it could be useful to help promising graduates bridge the transition from student to professional. “Joining an established studio isn’t always possible—especially in today’s market—and even then, it isn’t the right path for everyone,” Keighley said. A fellowship, he realized, could give “graduates the time, resources and guidance to pursue a game of their own and not worry about the commercial viability.” As the idea took shape, Cerny also saw an opportunity to enable more games of a certain type: “The target with the grants is games as an artistic medium,” Cerny told me. “We like to say games with ‘artistic, literary and societal value.’” He added: “I’m a pretty big gamer myself, though I tend to gravitate towards the smaller and more unique or artistic titles, games like Neva, Abzu, Gorogoa, Stray or Outer Wilds. I was just playing and Roger on a flight to Japan, and was getting misty eyed to a degree that I was concerned that a flight attendant would ask me if I was OK. “So one fun benefit here is the games that will come out of the Nova Games Foundation – I can’t wait to play them myself.” Cerny believes it will also be useful for Nova fellows to hone their craft and team leadership skills. “We are looking for the next generation of visionaries,” he said. “The trick is that they will also need to have the executive function necessary to drive a small project to completion.” Game File is a reader-supported publication. To receive new posts and support my reporting, please consider becoming a free or paid subscriber. Subscribe Going big with this Keighley and Cerny may have started Nova and may be the ones primarily backing it right now, but they’re dreaming of something that goes beyond them. “Mark and I may have helped get it started, but one of our measures of success is that Nova grows into something the entire games industry feels a sense of ownership in,” Keighley said. “Our ambition is to build a lasting endowment supported by people and companies across the industry, and an equally broad community of creators willing to give their time and experience to the next generation.” The industry has a lot of knowledge that it can pass to the next generation, Keighley said: “Nova can hopefully become a way to connect that generosity with talented young creators at the moment when it can make the biggest difference.” Cerny, who told me he believes Nova can mature “over the next 10 or 20 years,” sees an opportunity to give generations of game makers momentum. “The industry has changed immeasurably since I started in games in 1982,” he said. “These graduates have talent, training and tools that outclass what we had back in the day by an astonishing amount. But they face a tough road ahead getting traction in the industry, and many could benefit from our support. We want to be there to give it to them.” “There’s a personal side to this, too,” Keighley said. “I don’t have children, and I’ve spent a lot of time thinking about what I can do for future generations. Games have been my entire career. I’ve been incredibly fortunate, and helping someone else build a life in this industry feels like a meaningful way to give back.” Cerny’s oeuvre dates back to Marble Madness and Sonic the Hedgehog 2. He has stood on stage multiple times to reveal the future of PlayStation hardware. He’s been an executive producer for a string of modern PlayStation classics such as The Last Guardian and Marvel’s Spider-Man. Nevertheless, of Nova, he said, “It’s certainly not like anything I’ve done before.” Nova Foundation applications will be due in December and the first wave of fellows will be announced in March 2027. A full list of participating universities and steps students and recent graduates can take to apply to become a Nova Fellow is forthcoming.
Google Chrome starts two-week release cycle with version 153
As previewed earlier this year, Google Chrome is now operating on a two-week release cycle. Previously, Chrome received...
The New York Times: A new editor for Politics
Ben Shpigel, who’s guided fast-breaking coverage on Live and Sports, will help elevate real-time political coverage at The New York Times.
Trump’s Bombardier threat puts aerospace supply chain at risk
U.S. President Donald Trump has threatened to ban the sale of aircraft from Canada’s Bombardier unless it manufactures planes in the U.S. In response, the maker of private jets noted that many components for its planes, including the wings, are produced in the U.S. and its supply chain relies heavily on U.S. companies. Since Canada-U.S. […]
SC's Emerging Biotech Industry Receives National Recognition
Genetic Engineering & Biotechnology News (GEN) recently named the Palmetto State among its “Regional and State Clusters to Watch” in its first-ever Next 10 U.S. Biopharma Clusters report, highlighting emerging life sciences ecosystems beyond...
Golf Tournament to Raise Money for Front Porch Housing
Front Porch Housing will bring together approximately 100 golfers, sponsors, and community partners on Monday, Sept. 14, 2026, at Carolina Springs Golf Course for the 2026 Front Porch Housing Golf Classic, an annual fundraiser supporting the...
Trump threatens Canadian jetmaker Bombardier
U.S. President Donald Trump has threatened to ban the sale of aircraft from Canada’s Bombardier unless it manufactures planes in the United States
Canada's 20% tariffs on US goods like milk, steel and golf clubs take effect
President Donald Trump threatened to ban Bombardier aircraft sales on Truth Social just hours before Canada's retaliatory tariffs hit $20 billion in U.S. goods.
Political strategists outline their plan for Senate control and the algorithm cutting vital Medicaid funding
Plus, the NTSB investigators receive flight recorder data from the aircraft that crashed in Miami.
Trump threatens Canadian jetmaker Bombardier, which has an extensive US footprint
U.S. President Donald Trump has threatened to ban the sale of aircraft from Canada’s Bombardier unless it manufactures planes in the United States.
La Compagnie Starts Business-Class Flights Between N.Y. and Düsseldorf
La Compagnie is launching a direct business-class service between New York and Düsseldorf in 2027, offering five weekly flights on an Airbus A321neo.
Trump threatens Canadian jetmaker Bombardier, which has an extensive US footprint
U.S. President Donald Trump has threatened to ban the sale of aircraft from Canada’s Bombardier unless it manufactures planes in the United States.
Trump threatens Canadian jetmaker Bombardier, which has an extensive US footprint
U.S. President Donald Trump has threatened to ban the sale of aircraft from Canada’s Bombardier unless it manufactures planes in the United States.
Huawei heads to trial in US over its business dealings in Iran
Eight years after U.S. prosecutors secretly charged China's Huawei Technologies with defrauding HSBC and other banks over its business with Iran, the case is finally heading for trial.
Bakewell aims to settle some unfinished business at the Tackle Warehouse Pro Circuit Championship
The Tackle Warehouse Pro Circuit Championship at the Kissimmee Chain features a sterling field, and while everyone in the field has the talent to win, there are a handful of favorites. But most of those high on the list aren’t from Florida – this year’s Toyota Series event on Kissimmee was won by Northeasterner Alec Morrison, and […]
Liverpool make Alisson Becker new contract decision after 'talks'
Alisson in action for Liverpool, with Andoni Iraola in a circular inset
Hansi Flick sent strong Jose Mourinho message by Barcelona
Don’t get drawn into the circus.
Two Orlando Magic Games Fans Should Circle
Not every Orlando Magic fan can make every game, so here are two worth considering next season.
Trump targets Bombardier, says Canadian jetmaker 'must build' in the US
Trump escalated his trade dispute with Canada, saying plane maker Bombardier should build aircraft in the U.S. or lose access to the American market.
5 things a tiny-home builder says to consider before construction
Before building a tiny home, HGTV host Margo Fairchild says one of the biggest things to consider is if a small space will truly fit your lifestyle.
Free mad science event in September in Apache Junction
Grab your lab coat because it’s going to get messy. There will be more than 30 different fun science experiments to watch, touch and experience at a free mad science event in Apache Junction in …
Supreme Court Could Resolve Marijuana Business Licensing Disputes, Congressional Report Says
A new report from congressional researchers says that a split among circuit courts about whether state marijuana business licensing systems can discriminate against out-of-state residents “likely increases the odds” that the Supreme Court will take up and resolve the issue. The Congressional Research Service (CRS) report, published on Thursday, examines the Dormant Commerce Clause of […]
One dead after car crashes into Colorado Springs business
Police said around 8:00 pm on Saturday evening, officers responded to the 1100 block of N. Circle Drive for car that crashed into a building.
Bodø/Glimt: The system behind the sensation
In Bodø, just under 80 kilometres north of the Arctic Circle, where winters are harsh and dark and the weather is never quite predictable, the people have adopted a motto: You have to celebrate whene...
Scientists Identify a Nose-to-Brain Circuit That Links Anxiety And Breathing
A new mechanism discovered in mice.
Scientists Identify a Nose-to-Brain Circuit That Links Anxiety And Breathing
A new mechanism discovered in mice.
A German politician with a MAGA touch lifts his nationalist party to victory
Ulrich Siegmund and his Alternative for Germany party sent tremors through establishment political circles in Berlin, Brussels and other capitals across Europe.
Ace Combat 8 Reveals New Playable Aircraft 'FA-36' for the First Time
A new playable aircraft for 'Ace Combat 8: Wings of Theve' was revealed globally for the first time at the Bilibili First Look event held in Shanghai on September 3. The aircraft unveiled that day is named the 'FA-36 Game'.
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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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
Yankees news: Trent Grisham has become a problem
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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. 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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A vital factor in circulation.
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