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Merchant Cash Advances

Merchant Cash Advances (MCAs)

Fighting MCA Debt for New York Businesses — Raiser, Kenniff & Lonstein

Merchant cash advances (MCAs) are a form of alternative financing designed for businesses needing quick access to capital. Unlike traditional loans, MCAs provide a lump sum of money in exchange for a percentage of future sales or receivables. This arrangement allows businesses to repay the advance through a portion of their daily credit card and debit card sales.  

The repayment process is automated and proportional to the business’s revenue stream, making it flexible and easier to manage during periods of fluctuating income. This type of financing is prevalent among small to mid-sized companies that may face challenges obtaining conventional loans due to credit issues or a lack of collateral.

In New York, merchant cash advance agreements are often governed by choice-of-law and venue clauses that may point to courts in New York City, even when a business is located in another state, which is why working with counsel that regularly appears in New York courts can make a meaningful difference. Many MCA providers also file UCC-1 financing statements or attempt to obtain personal guarantees, so it is important for a business owner to understand exactly what assets and rights are being pledged when signing these contracts.

For experienced MCA defense or MCA debt settlement guidance, contact Raiser, Kenniff & Lonstein online or dial (888) 646-0025. Our attorneys are ready to assist clients in all 50 states. 

Risks Associated With MCA

While merchant cash advances can provide quick capital, they come with significant risks that businesses should carefully consider. One primary concern is the lack of federal regulation, which can lead to less transparent terms and potential exploitation.

  • Other risks associated with merchant cash advances include: 
  • High overall costs: MCAs often come with high fees and interest rates, making them more expensive than traditional loans.
  • Cash flow issues: The daily repayment model can strain a business’s cash flow, particularly during slow sales periods.
  • Risk of default: Failing to meet repayment terms can result in severe penalties and legal action.
  • Confusing terms: The lack of standardization in agreements can make it difficult to fully understand all terms and conditions.

Despite the absence of federal oversight, New York has implemented regulations to provide more transparency and protection for businesses seeking MCAs. These regulations require clearer disclosure of terms and ensure that businesses are better informed before entering into MCA agreements.

For example, New York’s Commercial Finance Disclosure Law, which took effect for most MCA providers on August 1, 2023, requires funders to present key terms such as the total amount of the financing, the estimated repayment amount, and the method used to calculate any fees in a standardized format before a business accepts an offer. When we review an MCA contract for a New York client, we look not only at the fine print but also at whether the disclosures you received match what you were actually promised, because inconsistencies can affect how a court views the agreement.

New York courts also pay close attention to whether an MCA is truly a purchase of receivables or functions in substance like a loan, and this distinction controls whether state usury laws may apply. In the LG Funding decision and later cases, courts have looked at factors such as whether repayment is tied to actual receivables, whether there is a true possibility the funder will not be fully repaid if your business fails, and whether the funder has a right to demand fixed payments regardless of your sales, so a careful analysis of these issues is often a critical early step in any defense strategy.

Raiser, Kenniff & Lonstein helps New York business owners fight back against aggressive MCA lenders and collection tactics. Get a confidential case review and find out your legal options today.

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      Fighting Against Predatory MCA Lending Practices

      Another critical area in which we assist our clients in dealing with MCA debt is by helping them fight back against predatory MCA lending practices. Our experienced attorneys work tirelessly to identify and address unfair and deceptive practices that lenders may employ, helping our clients protect their businesses from exploitation.

      Some signs that you may have been the victim of a predatory MCA lender include:

      • Excessively high interest rates and fees
      • Lack of transparency in terms
      • Urgent and aggressive pressure to accept the offer quickly without time for proper review
      • Unexpected additional costs that were not clearly disclosed upfront
      • Unreasonable repayment demands

      Our New York-based MCA attorneys understand merchant cash advances' benefits and inherent risks. Additionally, as a firm that provides nationwide debt settlement representation, we are well-versed in how MCA regulations are changing across the country. We are driven to provide our clients with the reliable, informed representation they need to make important financial decisions confidently.  

      New York has taken specific steps to curb some of the worst abuses associated with confessions of judgment in the commercial finance space, including a 2019 reform to CPLR 3218 that limits the use of out-of-state confessions against New York debtors. When a merchant cash advance company relies on an older confession of judgment form or attempts to file it in a way that no longer complies with current New York procedure, our attorneys can evaluate whether that filing can be opposed, vacated, or otherwise challenged in the appropriate court.

      Because MCA companies frequently operate across state lines, predatory behavior can also include filing lawsuits or enforcement actions in forums that are inconvenient or intimidating for small business owners. By working with a merchant cash advance lawyer who regularly handles matters in New York and understands how local judges approach these cases, you can better assess your defenses, evaluate settlement options, and decide when it may be appropriate to push back against tactics that go beyond what your contract and the law actually allow.


      Frequently Asked Questions

      What Should I Do If An MCA Company Freezes My Bank Account?

      If an MCA funder obtains a judgment or starts enforcement, your first notice may be that your operating account has been restrained. It is important to find out which court issued the underlying order and obtain copies of the case documents so you can see what relief was granted. An attorney can then help you evaluate whether to move to modify the restraint, challenge service, or negotiate with the funder while protecting your ability to pay employees and critical vendors.

      Can A Merchant Cash Advance Be Considered A Loan Under New York Law?

      New York courts look at how an MCA works in practice to decide whether it is a true sale of receivables or functions like a loan. Factors can include whether payments rise and fall with your actual receivables, whether the funder bears a real risk of nonpayment if your business fails, and whether there is a fixed term or unconditional repayment obligation. These issues are fact-specific, so the same contract language may be treated differently depending on how the arrangement is implemented.

      How Does The Commercial Finance Disclosure Law Protect My Business?

      The Commercial Finance Disclosure Law requires certain commercial finance providers, including many MCA companies, to give standardized, written summaries of key terms before you accept an offer. These disclosures are intended to make it easier to compare different offers and to understand the total cost of financing. While the law does not regulate pricing itself, it can provide useful documentation about what you were told at the time you agreed to the transaction, which may become important if there is a later dispute.

      If you believe you were the victim of a predatory or illegal MCA in New York or another state, reach out to our firm online or call (888) 646-0025. We are ready to assess your situation and help you find a way forward. 

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