Business
Delaena Kalevor – Why the “Breakage” Model is Profitable But Could Prove Unsustainable
I would like to introduce readers to a concept called “breakage.” It’s a common business strategy in fee-based or subscription-based services, such as gym memberships, video rentals, and annual fee credit cards. It’s also common in loyalty rewards programs.
Before I discuss this concept, I want you to think of how most businesses operate. The customers want a particular product or service. They buy it. They use it and the transaction is complete.
Let’s consider a basic example:
Let’s assume that you’re hungry and you want a bacon burger.
You go to the drive-through and buy a burger. You eat the burger.
You’re happy because you’re no longer hungry.
The drive-through franchise owner is happy because they generated a sale. This is how most businesses work.
The “breakage” model works the exact opposite way. With breakage, the company makes money when you do not use the product or service you purchased.

Let’s look at the gift card business for example: Let’s assume you buy a $25 gift card from Amazon.
You give the gift card to your friend for his birthday. How does Amazon make any money doing this?
Well, it turns out that for every $100 spent on buying a gift card, only $75 is actually ever redeemed. People who receive the gift card either lose the card, forget about the card, don’t use up the entire value of the card or the card expires.
This is breakage. Gift cards have an implied breakage of 25%. Meaning on average 25% of the value of gift cards never get redeemed. According to Delaena Kalevor, breakage can be very profitable. When someone purchases a gift card, the issuer of the gift card recognizes the gift card value as a contingent liability on their balance sheet. When the gift card value expires, the contingent liability is taken off the books and recognized as revenue. This has a direct accretive impact on net income, which can make breakage in the gift card and loyalty rewards industry extremely profitable.
The cashback and loyalty programs of credit card issuers also work in the same way and breakage is a valuable part of how these banks make money. They use tools like redemption caps (for example with American Express, you can’t redeem until you have $75 worth of points), points expiration, etc to enforce breakage. Most customers never reach that $75 redemption threshold before the points expire. This is an example of breakage. That’s why Delaena Kalevor’s favorite credit card is Discover Card. They have no breakage at all – no redemption caps and no points expiration.
Another example of breakage is health clubs or gyms. The parallel to that in the credit card industry is cards that have an annual fee.
Most fitness centers work on a monthly membership fee model.
I pay $50 a month to have access to the facility.
Whether I show up every day or never show up, I still pay the health club the same $50.
In the health club business, by far the most profitable customers in the industry are people who sign up as members but don’t actually show up to the gym.
This is also breakage. Similarly, credit card customers with an annual fee credit card, generate breakage income for the issuing bank when they do not use their card.
Breakage-based business models can be very profitable. Imagine a health club with 10,000 paying members where nobody actually shows up.
The problem with breakage business models is that you’re receiving value from customers without customers actually receiving value in return. Basically, you’re betting that customers are too lazy to recognize this.

Before Netflix and video streaming of movies became popular, a company called Blockbuster used to rent DVD movies to entertainment seekers. You would rent a movie for two nights for something like $5. If you forgot to return the movie on time, they would charge you a $3/day late fee.
Imagine renting five movies for the weekend and forgetting to return the movies for an entire week. Instead of spending $25, you end up spending $100.
This is a form of breakage too. In fact, at its peak, Blockbuster was generating 70% of its net income from late fees. Their profits came from customers who were too lazy or forgetful to return the DVD sitting in their car.
The problem with breakage though is that customers DO NOT like it.
When Netflix first started, they had a subscription-based DVD rental by mail business. For a flat fee each month, you could keep the movies you rented for as long as you wanted.
According to Delaena Kalevor, Netflix targeted Blockbuster’s most profitable customers — those that pay late fees — and ultimately put Blockbuster out of business.
Personally, I prefer a business where sales and profits come from happy customers, instead of unhappy ones that wish your way of business didn’t exist.
I don’t see the gift card, loyalty rewards, and health club businesses going out of business anytime soon. I don’t even expect their breakage business model to change. But Delaena Kalevor likes the idea of customers receiving good value for what they pay. The value should be mutually beneficial, like in the burger example. It’s a good thing to profit from really happy customers that are thrilled to do business with you. Blockbuster did not expect to go bankrupt. But they did. History has a funny way of repeating itself. The breakage based businesses out there should take lessons from Blockbuster’s experience.
Business
Click for Counsel: YesLawyer Wants to Make Lawyers as Accessible as Wi-Fi
Byline: Andi Stark
For many people facing a legal problem, the most difficult part is not understanding their rights but finding a lawyer willing to speak with them in the first place. Long wait times, unclear pricing, and administrative hurdles often delay even the most basic consultations. YesLawyer, an AI-enabled plaintiff firm operating across all 50 states, is testing whether technology can shorten that gap.
Founded in 2024 by 25-year-old entrepreneur Rob Epstein, the platform offers free intake, automated screening, and, in many cases, same-day conversations with licensed attorneys. The idea is simple: reduce the friction between a client’s first request for help and an actual legal discussion. In this interview, Epstein explains how the system works, where artificial intelligence fits into the process, and what problems the company is trying to address in the broader legal system
Q: When you say you want lawyers to be “as accessible as Wi-Fi,” what does that mean in practical terms?
A: It’s a way of describing speed and availability. Someone dealing with a workplace dispute, a serious injury, or an immigration issue should be able to move from an online form or phone call to a real conversation with counsel in hours, not weeks. YesLawyer is structured so that a client begins with a free case evaluation, goes through automated conflict checks and basic screening, and, in many instances, speaks with a lawyer the same day.
Q: How does the process work once someone contacts the platform?
A: We use a structured workflow. It starts with a short questionnaire and an initial conversation to capture basic facts. That information feeds into conflict checks and internal review. The system then proposes a match with a licensed attorney and provides a calendar link for a virtual consultation, often within 24 hours. After the meeting, the client receives a written legal plan outlining next steps, deadlines, and estimated fees.
Q: Where does artificial intelligence fit into that process, and where does it stop?
A: AI is used for organizing and routing information, not for giving legal advice. It helps with conflict checks at scale, case categorization, and structured summaries so attorneys can focus on the substance of the matter. Every consultation is conducted by a licensed lawyer, and all decisions about strategy or next steps are made by humans.
Q: What problem is this model trying to solve in the current legal system?
A: Delay and cost are still major barriers. Many civil plaintiffs face long waits just to get a first appointment, along with high retainers and hourly billing that make early legal advice risky. We try to respond with faster consultations, flat-fee options, and financing. The idea is to remove administrative friction so lawyers spend less time on logistics and more time speaking with clients.
Q: Some critics say platforms like this blur the line between a technology company and a law firm. How do you describe YesLawyer?
A: We describe ourselves as a national, AI-enabled plaintiff firm that connects clients with independent attorneys. That structure does raise regulatory questions, especially around responsibility and oversight. We focus on licensing verification, attorney-written case plans, and clear communication about fees and services.
Q: You’ve said the main bottleneck is “systems” rather than people. What do you mean by that?
A: The issue isn’t that lawyers don’t want to help more people. It’s that the systems around them make it hard to scale their time. Intake, scheduling, and document handling take hours. Automating those parts means attorneys can handle more matters without being overwhelmed by repetitive tasks.
Q: Does this model risk favoring only the most profitable cases?
A: That’s a real concern in legal technology. Automation often works best for repeatable, high-volume disputes. Our view is that lowering administrative cost can actually make it easier to take on smaller or more complex cases that might otherwise be turned away. Whether that holds over time depends on the data.
Measuring Impact Over Time
YesLawyer’s attempt to compress the timeline between inquiry and consultation reflects broader changes in how legal services are being delivered. As artificial intelligence becomes more common in administrative work, firms are experimenting with new ways to reduce wait times and clarify costs.
The company’s early growth suggests that many clients value faster access to an initial conversation, even before considering long-term representation. Whether this platform-based model becomes widely adopted or remains one of several emerging approaches will depend on regulatory developments, lawyer participation, and measurable outcomes for clients. For now, YesLawyer’s experiment highlights a central question in modern legal practice: how quickly can help realistically be made available to the people who need it.
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