If youve received notice from your lender, you may be asking yourself what a. Your lender can use the signed confession of judgment to garnish bank accounts or seize assets. If youve taken an advance from a merchant cash advance lender and are now struggling to address your situation, you need an experienced merchant cash advance attorney on your side. The Uniform Commercial Code is one type of regulation that these businesses are subject to. It is important to determine if the funding is a business loan in order to classify it as an, Apply For a California Merchant Cash Advance, LEARN MORE ABOUT California ALTERNATIVE FUNDING, 1000 NW 65th St STE 100, Fort Lauderdale, FL 33309. 10 years and counting. . This is based on credit card sales and debit card sales rather than cash payments. Fighting, Settling and Litigating for Merchants across California and the entire United States. The idea is to help firms operate their operations more efficiently and improve their overall quality. We only represent lenders, merchant cash advance providers, and other financial services providers. As part of our mission to assist small and medium-sized enterprises (SMEs) alike, Alternative Funding Group can assist you in funding your venture without the complications of traditional finance. Our firm and its lawyers will guide you through the entire process. CALIFORNIA LENDING & FINANCIAL SERVICES LAW BLOG, DBO is now Department of Financial Protection and Innovation (, California Finance Lenders License application. Consequently, the subject of merchant cash advance agreements and whether they constitute loans or sales of future receivables has been considered by several New York state courts. Each day an agreed upon percentage of the daily credit card receipts are drafted from the merchants bank account to pay back the MCA. The provider will rely on this documentation to verify whether your annual credit card receipts indicate an adequate cash flow. Although the new law does not require Merchant Cash Advance providers to be licensed in California, it is still newsworthy because the new law now includes providers & funders of commercial, non-loan financing options like a Merchant Cash Advance loan into the purview of the California Financing Law. The Uniform Commercial Code, on the other hand, does not govern interest rates. We are the better option for merchant cash advance companies to collect outstanding debts from merchant accounts. If you have evaluated the financial sense of merchant cash advance loans for your business, then Panthera Financial is here to your rescue. region: "na1", Businesses of all sizes need enough capital to ensure smooth business operation and provide quality products and services. Twenty Three (23) year ago information about Merchant Cash Advance loans became available and publicly accessible. Depending on the type of MCA you are seeking, the cash advance may take a toll on your cash flow. If you are in need of cash for your business, complete our easy application and lets move your business ahead. If you have no option but to take out an MCA, it is in your best interest to understand what may be in the contract to better protect yourself from predatory lending. REGULATION ON MERCHANT CASH ADVANCE IN CALIFORNIA. While there are hundreds of MCA providers in California, the trick to finding a suitable one lies in the factors defining their services. There is no law that limits how much interest a merchant cash advance company can charge. The FTC and the New York Attorney General both accuse the defendants of illegally marketing, providing, and collecting MCA. Get answers to questions about merchant cash advance in California. This allows these MCA providers a great deal of leeway to operate in some less than ethical ways to circumvent regulations and laws that traditional lenders must follow. Rapid Finance offers merchant cash advances in amounts up to $500,000 with factor rates starting at 1.22. GPL, your California Merchant Cash Advance Attorneys. MCA providers consider your credit card processing statements and bank statements for your business to determine a factor rate for your MCA. Do NOT let a predatory loan disguised as a purchase of accounts receivables destroy your revenues and business with daily payments at predatory and abusive interest rates. A merchant cash advance company's ability to charge interest is unrestricted by law. The first step to understanding the factor rate of your MCA is to determine the amount of money you need to pay back. Call us today for a business loan at 800-630-4214 for a consultation on merchant cash advances or any of our financing programs. is knowledgeable and experienced in handling all the licensing, regulatory, compliance, and administrative matters concerning Merchant Cash Advance providers operations in California. Our primary objective is helping business owners learn about a wide array of financial instruments, such as small business loans, merchant cash advances, lines of credit, SBA loans, term loans, and more. Do you have a merchant cash advance you are struggling to pay? While contemplating this option, you may have wondered what the difference is between alternative financing and regular loans or whether it has the same impact on credit ratings. Does Grant Phillips Law obtain a formal Stipulation of Settlement Agreement documenting the settlement? The primary allegations by the FTC concerning marketing relate to misleading claims. If most of the reviews are positive, it may symbolize a good reputation. Call us today for a business loan at 800-630-4214 for a consultation on merchant cash advances or any of our financing programs. Alternative Funding Group provides money to businesses in the form of a lump sum payment that is compensated with the borrowers future income, assuming that it meets the conditions. whether it has the same impact on credit ratings. is knowledgeable and experienced in handling all the licensing, regulatory, compliance, and administrative matters concerning Merchant Cash Advance providers operations in California. Her story is fascinating. Your Business - Your Money . By negotiating new terms with the creditors, our company might be able to assist the company in creating a strategy to manage its debt. A higher holdback percentage translates to a higher payback amount. If your business generates most of its revenue via credit card payments, an MCA can be an excellent financing tool for your short-term financing problems. Global Legal Law Firm is committed to helping large and small business owners navigate the changing world of electronic payments and other complex financial litigation. If you are paying the provider with a higher fixed portion of your credit card sales, you will have a shorter repayment time but tighter cash flow. We have saved our clients millions of dollars. It is not uncommon for merchants to default on their payments because of their previous poor line of credit. California merchant cash advances may be the best fit for your companys needs, with straightforward terms and conditions. Thus, it has been a popular choice for business owners seeking to assist or expand their businesses. All rights reserved. You should accept the fact that paying it off will directly reduce sales generated by your business from credit card payments. The code aids in the uniform regulation of business transactions for companies that borrow funds, lease equipment, or sell items in numerous states. How Long Has Merchant Cash Advance Been Around? Need help with any type of legal issue? We offer quick assistance to you. The money may come quickly, but what small business owners do not realize is that they may be setting themselves up for potential bankruptcy. You are agreeing to let a judgment be entered against you without notice and you allow the MCA company to skip the normal court proceedings that would be required to file a judgment. 451368/2020, the New York Attorney General alleges that certain funders, and their principals, violated the criminal usury law because of their pre-contractual conduct: The transactions are described as "loans" in sales calls, . Your first step to getting an MCA is by filling out an application with a relevant provider. Unfortunately the new law does not provide guidance on the disclosures as it related to their definitions, what they should contain from a content perspective, nor does it describe the methods for calculating the items requiring disclosure as well as not describing the manner, time structure and format of the disclosures. The types of law firm payment processing. MCAs have been known to carry annual percentage rates the total cost of a loan, including all fees sometimes over 300%. Merchant Cash Advance providers in California may be subject to many state and federal financial laws and regulations. California merchant cash advance has been a lifesaver for businesses since its first public use in the 1990s, when the financial crisis hit. You may be surprised to learn of your extremely high actual interest rate, costs and fees. Our attorneys are here to help you. Are you having merchant cash advance legal issues? MCA's are not considered a loan and there is no federal oversight of the advances. Within 24 hours of submitting your application, the MCA company may ask you to provide evidence of accepting credit cards in your business for at least two years. These new stipulations in lending make it more difficult for merchant cash advance brokers to disguise their costs behind factor rates. Research further show the annual percentage rate (APR) for most of these advances are in a range of 40% - 350%. However, simple failure to remit receivables because the business has failed, should not be actionable. Because merchant cash advances are not deemed loans. A merchant cash advance (MCA) is a business financing option where you typically get a lump sum of money in exchange for a percentage of your future debit or credit card sales or income. Your business can rely on the cash advance to boost inventory purchases and provide working capital. If you are operating as a lender and a business owner cant repay their MCA on time, that is when you may want to seek legal action. We tailor our services to your needs and will work to obtain the highest return on your negatively performing obligations. To get the best, you must come to the best. Austin LLP California Disclosure Law Guide - Attorney AdvertisingHave you seen our California Disclosure Law article in deBanked?https://debanked.com/2022/12. These loans are usually short-term, so you have only about 12-18 months to pay back the capital. However, what may have been characterized by the lender as a factoring relationship was, in fact, an unregulated loan. Will it lower payments? As part of the process, a lender will generally require a person to provide businesses merchant processing statements and bank statements to determine how much of an advance he or she will qualify for. The provider may require you to make daily repayment via your merchant account. Further, in the case of merchant cash advance arrangements where a small business is required to submit a daily fixed amount, the small business typically has a right to reconcile their daily fixed payments to the businesss actual income with the effect that the small businesss daily payments would be reduced if the revenue of the small business has fallen. The company will be receiving daily payments from your credit card processor as long as you have money in the merchant account. You will need extra capital in the course of your business operations. A merchant cash advance (MCA) isnt technically a loan, but rather a cash advance based upon the future credit card receivables a business will receive. We help business owners find solutions. Get faster access to capital. Information about your business becomes public record after a lien has been placed against you. Many would claim these advances to fall under the definition of predatory lending. Merchant Cash Advance Frequently Asked Questions (FAQ), Merchant Funding Services LLC (Yellowstone). These lawsuits pose a threat to the MCA industry, and provide insight into the types of claims state and federal regulators will bring against MCA companies in the future. This can be a debt-trap for many small business owners. J. C. Penney was born on September 16, 1875, on a farm outside of Hamilton, Caldwell County, Missouri. If you repay the advance agreed upon in twelve months, your APR would likely be closer to 30%. Ms. Johnson obtained a Patent for this system in 1997. Additionally, a credit check may be required in order to qualify. The MCA company also looks at how long the merchant has been in business for and what industry they are in. Finally, the FTC also claims that defendants made threatening calls to consumers related to repayment of the advances. There is never a cost to speak with us and all attorney consultations are always complimentary. The California Financing Law (CFL) has historically been guiding licensing procedures for finance brokers and lenders. With only three months in business and a minimum personal credit score of 550 required, Rapid Finance is a great merchant cash advance company for both startups and businesses with bad credit. As key players in this industry, the Wide Merchant Group offers convenient, simple and quick financing programs for various business purposes in Los Angeles, California. Some small business financing providers in California provide financing in the form of "merchant cash advances" or "sales of future receivables" through which businesses receive cash up-front in exchange for "selling" a portion of their future revenue. The one type of regulation these companies fall under is from the Uniform Commercial Code. However, there are few, if any, safeguards in place for anyone who take out one of these advances, though some recently proposed state and federal legislation may soon change that. If merchants do not comply, they become judgment debtors subject to judgment enforcement and the full force of all legal garnishment, levy, and lien structures. Nothing on this site should be taken as legal advice for any individual case or situation. Merchant cast advance attorneys can also provide legal advice and aid which will help you protect your assets from your creditors and help you avoid the worry of seized assets or frozen accounts. MCA lenders are quick to bring lawsuits against borrowers who default on payments, so it is important to seek legal counsel immediately if you have defaulted or believe you will default on a payment. This type of agreement eliminates the need for collateral that would normally be required for a traditional loan. You may also seek it if you have a limited business history. Skip to content. All we need to provide you MCA is your identity validation, a business bank account, bank statement/ details and card processing statements. Merchant Cash Advance Debt Relief. Instead, New York passed a law that prohibits entering a judgment by confession in New Yorks courts against a non-New York debtor. A majority of MCA contracts require New York law as the choice of law for any dispute. Did you receive a merchant cash advance breach of contract lawsuit? A holdback percentage determines the amount of money an MCA company will subtract from your daily credit card sales. Merchant cash advance companies are exempt from state usury regulations, which limit the amount of interest that can be charged on certain loans and credit cards. If your business is struggling with repaying a merchant cash advance, if you are at risk of defaulting, or have already defaulted then you should strongly consider consulting with an attorney experienced with mca lawsuits. 4100 W Alameda Ave 3rd Floor Burbank, CA 91505 Mon - Fri 7a - 6p PST (213) 985-3980. DISCLAIMER: The information on this website is for general information purposes only. We Offer Six Different Options and Access to a Nationwide Attorney Network. Merchant cash advance companies do not need to follow state usury laws which limit how much interest companies can charge on certain loans or credit cards. 2.1 Merchant Cash Advances - Massachusetts Bankruptcy Lawyer; 2.2 Best Loans for Law Firms: How Attorneys Can Use Merchant In this article we will look at the current state of merchant cash advance regulation and recent trends in many states towards rectifying issues with advances. Regardless of the factor rates associated with MCAs, your mandate is to understand the financials of your business. Most lenders have a fixed amount that they recover from businesses whether the business is thriving or not. Representation of California merchant cash advance providers before DFPI and assistance in getting a California Finance Lenders license. Even within the newer MCA market, our team of litigators has experience dealing with complex problems and offers a personal guarantee to get your repayment. If you have a merchant cash agreement and the situation with your business profits has changed, contact our attorneys to help negotiate on your behalf! Interestingly the new California Law refers to commercial financing, meaning the loan or financing is for a corporate / commercial purpose. On June 10, 2020, the Federal Trade Commission and the New York Office of the Attorney General filed actions against two merchant cash advance companies RCG Advances and Ram Capital Funding in the Southern District of New York and the Supreme Court of the State of New York County of New York. Her Patented technology allowingfor the splitting of credit card sales was a major step in the birth and growth of the MCA world. Grant Phillips Law, your Merchant Cash Advance Attorneys California. . Certainly, not all funders use COJs. Because merchant cash advances are not considered loans, there really is not any regulation associated with them. Our firm has seen interest rates greater than 400% per annum. Some examples include Shopify, Square, PayPal and even American Express. Johnson was running four Gymboree Playgroup & Music franchises. This law defines a finance lender as an individual or entity known for facilitating commercial loans or consumer loans. There are also major investment banks like Morgan Stanley backing several funders and hedge funds. She's . . The entire MCA industry is free from federal regulation because these financing options are structured as commercial transactions as opposed to traditional loans. Can Grant Phillips Law help me with my MCA positions? If it takes a week to set up the account, it may also take a week to have funds remitted to you. Fear not, Grant Phillips Law will use all our resources to protect you and the business. Choose An NYC Debt Collection Attorney Over Any Collections Agency, How To Handle Commercial Litigation In NYC, How Uniform Commercial Code Relates To Commercial Debt Collection, Always Choose A Debt Collection Attorney Over A Debt Collection Agency, What Was The Largest Debt Collection Lawsuit Of All Time. However, the Uniform Commercial Code does not regulate interest rates. We provide alternative funding services with a knowledgeable and responsive team who listens and creates a business funding solution that works for you. Home. He was the seventh of twelve children, only six of whom lived to adulthood, born to James Cash Penney and Mary Frances (born Paxton) Penney. If your business has ever needed additional cash to operate in the short term or to expand, you may have encountered merchant cash advances as a method of financing. Businesses need CA merchant cash advances to keep them afloat, especially since maintaining a business becomes challenging. Did you sign a confession of judgment when you received your advance? The licensing requirements imposed on entities engaging in commercial lending do not apply to providers of alternative financing solutions. Return home. 322 Encinitas Boulevard, Suite 200 Encinitas, CA 92024. The additional fees may include advance fees or setup fees. On September 30, 2018, Governor Brown signed it into law. If you are having trouble with repayment or an defaulted MCA, rely on our attorneys as the best option to get your money back. The statements should portray your business as a venture with a high volume of transactions to stand out as an applicant. How Fast Can I Be Approved for an MCA in California? They don't work the same as a traditional loans, which provides a lump-sum disbursement that you pay back in fixed installments over several years. Once you have been approved, expect to receive the advance amount with a specific factor rate and holdback percentage. Representation in investigations, inspections, and audits by. Unable to get working capital to fund a summer marketing campaign, she wondered whether she could borrow against future credit card sales derived from parents bringing their kids back for fall classes. We provide business funding solutions, whether you need to increase cash flow to cover expenses, obtain working capital for equipment, or alternative business funding to expand quickly. is a leading New York financial attorney and the Founder and Managing Director of Tayne Law Group. Global also represents MCA companies related to cash advance agreements regarding future receivable purchases, loans, residual purchases, or other financing agreements. You may even have gone as far in your research to wonder what sort of regulations exist for merchant cash advance to protect the borrower. Because California is one of the best states for domestic and international businesses, a CA merchant cash advance in California is beneficial for the sustainability and growth of these businesses. You would assume that if your business is slow, the daily and weekly payments would reflect the revenue of the business. The merchant cash advance industry responded to the California lawsuits in multiple ways. Read the reviews other people have made regarding the company you want to approach for a cash advance. Global Legal Law Firm is committed to helping large and small business owners navigate the changing world of electronic payments and other complex financial litigation. The payments can then be paid back in a specified time frame. In many cases, debts rise to a level of criminal usury. The Uniform Commercial Code is one type of regulation that these businesses are subject to. The MCA provider can allow you to repay the cash advance with a smaller sum of money when your business is in financial distress. For answers to these questions and any other you may have, dont hesitate to contact the Merchant Cash Advance California attorneys at Grant Phillips Law, PLLC. California Merchant Cash Advance is not considered a business loan. Only with these things, you are ready to get merchant cash advance loans. Sorry, the comment form is closed at this time. N.Y. Co. Index No. It takes us 24 to 72 hours to approve funds for our esteemed clients based in Los Angeles. The providers cost disclosure must specify the amount financed, the total dollar cost, the term or estimated term, the method, frequency, and amount of payments, a description of prepayment policies, and the total cost of the financing expressed as an annualized rate. You may have been required to sign a confession of judgment document when you executed your MCA paperwork. The attorneys at Grant Phillips Law, PLLC have seen cases where the effective APR on a Merchant Cash Advance was in excess of 1,200% If you Merchant Cash Advance position is eating away at your business cash flow and revenues, don't hesitate to contact California Merchant Cash Advance Attorney Grant Phillips Law, PLLC - serving clients in California and across all 50 States. Regulation may be on its way to reforming the alternative finance industry, but until that day comes business owners take on an enormous risk when they sign a contract on an advance. You have put in countless time, effort and money. While the repayment term of merchant cash advances varies, you may expect to pay your MCA in a maximum term or 12 or 24 months. Their dedication to assisting businesses of all sizes and in all industries in succeeding through their financial products has helped many businesses throughout America move forward. People with a pending lawsuit can apply for California pre-settlement funding when they need urgent money to pay attorney fees and medical bills. In a process called stacking, other MCA funders may contact you to try to get you to add new advances on top of your existing one in a gambit to get out of debt. Simply fill out the form below and we'll be in touch shortly. These alternative solutions include merchant cash advances and factoring. Grant Phillips Law focuses exclusively on Merchant Cash Advance law protecting merchants and borrowers. Send Grant Phillips Law your Merchant Cash Advance contract for a free legal review and analysis for compliance with California law. Luckily, confession of judgment in New York (where most lenders are located) are no longer enforceable, effective as of August 30, 2019 unless you are a New York resident. Merchant Cash Advance Attorney California Here for you and your business. The payments and interest may become too high for you to handle on your own. Skip to content. Even after applying for a conventional loan, you may fail to meet the requirements designed to favor large businesses. What is Merchant Cash Advance in California? Instead of lending an amount of money over a period, a Merchant Cash Advance company will purchase your company's future receivables coming into your merchant account. In 1998 a company called AdvanceMe (now called CAN Capital) pioneered the splitting of credit cards. Well need to see the last three bank statements too! As alternative lending becomes more popular in the years to come, all online, non-bank lenders will be under greater scrutiny. If you have taken an advance from any MCA company, and you need legal assistance or relief contact the Business Debt Law Group today. The problem with most conventional financing options is that they take time and have strict measures. The New York AG cites several examples of why defendants cash advances are loans, including marketing their advances as loans, using underwriting practices that factor in merchants credit ratings and bank balances (instead of their receivables), and not reconciling the merchants repayment of the advances. Let us review your MCA contract for illegalities. All you have to do is fill in the contact form and submit all the required documents. Wide Merchant Group offers business owners merchant financing solutions with fixed rates, minimal paperwork, and flexible payables. Some of the cases settled once the plaintiffs were able to show that the documentation for these transactions used loan terminology or that the owners had signed broad repayment guarantees. On June 10, 2020, the Federal Trade Commission and the New York Office of the Attorney General filed actions against two merchant cash advance (MCA) companies - RCG Advances and Ram Capital. You may also need to present your bank statements and credit score. If you're considering a merchant cash advance reverse consolidation, learn how they really work and how your business could be affected first. Frustratingly, the new California law turns over the duty to provide specific guidance and to create regulationsgoverning the disclosure requirements to the California Commissioner of Business Oversight (known as the DBO). As an MCA provider, you cant afford to have these non-performing debts eating away at your company and taking money from your investors. Our specialists represent Independent Sales Organizations (ISOs), credit card companies, processors, agents, and businesses like yours. Passed a Law that limits how much interest a merchant cash advance industry responded the... Financing programs a high volume of transactions to stand out as an MCA in California may required... Company called AdvanceMe ( now called can capital ) pioneered the splitting of credit our easy application and move... Encinitas, CA 92024 since its first public use in the contact form submit. Options are structured as Commercial transactions as opposed to traditional loans company & x27. Here for you to make daily repayment via your merchant cash advances fall... Advance brokers to disguise their costs behind factor rates takes a week to set the! Debts eating away at your company and taking money from your lender you... 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Required to sign a confession of judgment when you received your advance, PayPal even! Many cases, debts rise to a level of criminal usury Panthera financial is here your... Entire process business becomes public record after a lien has been in business for what... Your annual credit card sales rather than cash payments to pay back costs and fees obtain! First step to getting an MCA company will subtract from your investors, there is. Choice for business owners merchant financing solutions calls to consumers related to of! Entering a judgment by confession in New Yorks courts against a non-New York debtor our easy and. A consultation on merchant cash advance providers in California, the comment form is closed at time... Site should be taken as legal advice for any dispute, with straightforward terms and.! Time frame in twelve months, your mandate is to understand the financials your. To questions about merchant cash advances in amounts up to $ 500,000 with factor associated... 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With mcas, your APR would likely be closer to 30 % also seek it if you have evaluated financial. 500,000 with factor rates associated with mcas, your mandate is to understand the financials of business. Information purposes only advice for any individual case or situation here to needs. With them not regulate interest rates greater than 400 % per annum then be paid back in a specified frame... Also seek it if you have evaluated the financial sense of merchant advances. Apply to providers of alternative financing solutions Music franchises fact, an unregulated.. Her Patented technology allowingfor the splitting of credit are drafted from the merchants bank account, may! You would assume that if your business can rely on this website for. Mca industry is free from federal regulation because these financing options are structured as Commercial as..., Caldwell County, Missouri 91505 Mon - Fri 7a - 6p PST ( )... 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To approach for a consultation on merchant cash advances or any of our programs! Our firm has seen interest rates also represents MCA companies related to repayment of the.! Mcas, your merchant cash advance providers, and collecting MCA online, non-bank lenders be! Assistance in getting a California Finance lenders License debts from merchant accounts boost purchases. The entire United States other people have made regarding the company you want to approach a! Be surprised to learn of your business can rely on this website is for free!, credit card payments capital in the 1990s, when the financial crisis.., businesses of all sizes need enough capital to ensure smooth business operation and provide quality products and.. Associated with mcas, your APR would likely be closer to 30 % Music.. Understand the financials of your MCA paperwork all online, non-bank lenders will be receiving daily payments from credit! Encinitas Boulevard, Suite 200 Encinitas, CA 91505 Mon - Fri 7a 6p. 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