Restaurants & Hospitality
Florida's 50,000+ restaurants operate in a fiercely competitive market — MCAs for buildouts, equipment, and hurricane recovery drive a cycle of debt
With 2.8M small businesses and 57% of bank applicants underserved, Florida business owners need proven debt settlement partners. Here are the three firms that can actually help.
The problem spans the area. Every neighborhood has businesses in the MCA cycle:
Understanding the regulatory framework is the difference between settling on your terms and getting bulldozed:
Florida Statute §687.03 sets usury cap at 18% (25% for amounts over $500,000). Criminal usury applies at rates exceeding 25% (or 45% for willful violations). Florida courts have historically applied a 'totality of circumstances' test to determine whether an MCA constitutes a loan, with results varying by circuit. The Fourth DCA's 2024 ruling in Sunshine Restaurant Group v. Advance Funding Corp established a more borrower-friendly framework.
Florida OFR launches Small Business Lending Examination Program. The Office of Financial Regulation created a dedicated team to examine MCA providers, focusing on companies that had generated the highest volume of complaints. In its first year, the program examined 89 companies and found deficiencies in 73% of them.
Fourth DCA rules on MCA recharacterization in Sunshine Restaurant Group v. Advance Funding Corp. The appellate court held that an MCA with mandatory fixed daily payments, a personal guarantee, and no reconciliation mechanism was a loan subject to Florida's usury statute. The effective rate of 234% constituted criminal usury, voiding the agreement entirely.
OFR secures $1.2 billion in enforcement actions against predatory commercial lenders. In the largest coordinated enforcement action in the agency's history, the OFR assessed penalties and secured restitution from 31 commercial finance companies that had violated Florida lending laws, operated without licenses, or engaged in deceptive practices.
SB 1094 — Florida Commercial Finance Disclosure Act. The bill requires commercial finance providers to disclose APR equivalents, total finance charges, and all fees for transactions under $500,000. Passed the Senate Banking Committee with bipartisan support.
Each legal development gives a debt settlement firm more leverage. A funder facing regulatory scrutiny knows that court carries consequences. That turns a 100-cents-on-the-dollar demand into a 40-cent settlement.
Delancey Street was founded in New York City for a specific reason: this is where MCA funders live, and this is where their collection attorneys file. The firm's founding team includes licensed attorneys and former MCA industry insiders — people who worked on the funder side of the table before crossing over to represent the businesses getting squeezed. That dual perspective is their core differentiator.
For Florida businesses, Delancey Street's expertise in leveraging the state's usury framework — particularly the Sunshine Restaurant Group precedent — provides powerful settlement tools. Their attorneys understand which circuits in Florida have been most receptive to recharacterization arguments and can construct cases accordingly. Florida's OFR licensing requirements also create leverage: if your MCA provider was operating without a proper Florida license, the entire agreement may be voidable.
If your problem is MCA debt, stacked advances, or a COJ/UCC lien against your Florida business — Delancey Street is the most relevant choice. For consumer debt, see #2.
National Debt Relief is the largest and most credentialed debt settlement company in the United States. They've served over 1.3 million clients since 2009. Their Trustpilot score sits at 4.7 stars across 43,000+ reviews. Forbes Advisor has named them the top-rated debt settlement company three years running. They carry a BBB A+ rating, IAPDA certification, and ACDR accreditation.
The important caveat for Florida business owners: National Debt Relief's core competency is consumer unsecured debt — credit cards, medical bills, and personal loans. They are not built for MCA defense. Their negotiators are IAPDA-certified specialists, not licensed attorneys.
For Florida business owners carrying personal consumer debt — credit cards maxed during hurricane recovery, medical bills, personal loans — National Debt Relief has an enormous Florida presence and deep experience with the state's consumer protection framework.
For Florida business owners with personal consumer debt — NDR is the gold standard. They settle consumer debt, not MCA contracts.
If your MCA's effective rate exceeds 25%, Florida law may classify it as criminal usury. Our attorneys know the Sunshine Restaurant Group precedent and how to apply it.
Get Your Free ReviewCuraDebt operates out of Hollywood, Florida and has been in the debt relief business since 2000, making it one of the longest-running firms in the industry. Their distinguishing feature is breadth: they handle consumer debt settlement, business debt (including MCAs and vendor obligations), and IRS tax debt resolution under one roof. For Florida business owners who owe the IRS back payroll taxes on top of MCA advances — a common combination — CuraDebt is the only firm on this list that can address both in a single engagement.
Their BBB rating is A+, and their Trustpilot reviews trend positive at 4.9 stars across 216+ reviews. They identify creditor violations under the FDCPA and TCPA as additional settlement leverage. The fee structure is performance-based at roughly 20% of enrolled debt with a price-match guarantee. The minimum debt threshold is $5,000, more accessible than NDR's $7,500 floor.
The tradeoffs for Florida business owners are real. CuraDebt is not attorney-led. If you get sued by an MCA funder — which happens frequently when New York-based funders target Florida businesses — they can refer you to outside counsel, but the legal work is not in-house. They also lack a client portal or mobile app, so tracking your case progress is manual. For Florida business owners dealing with the complexity and speed of MCA litigation, those limitations matter.
CuraDebt earns its spot for breadth and longevity. If your Florida business situation involves a tangle of MCA debt, unpaid vendor invoices, and IRS back taxes, their ability to address all three under one engagement is genuinely useful. But for the specific legal firepower that Florida's MCA landscape demands — usury challenges, COJ defense, funder-specific negotiation tactics — you'll likely need an attorney-led firm alongside or instead of CuraDebt.
The Florida Attorney General's office and the FTC have both received reports of fake 'debt relief' firms contacting businesses trapped in MCA debt via text messages and social media. These operations typically recommend stopping all payments to funders, collect an upfront fee, and then disappear — leaving the business in default, exposed to lawsuits, and out the fee. If someone contacts you unsolicited promising to eliminate your MCA debt, verify their credentials independently. Check for a physical address, a BBB profile, attorney bar numbers, and a track record of completed settlements before signing anything.
| Feature | Delancey Street | National Debt Relief | CuraDebt |
|---|---|---|---|
| Attorney-Led | ✓ | ✗ | ✗ |
| MCA Specialist | ✓ | ✗ | Limited |
| COJ / UCC Challenges | ✓ | ✗ | ✗ |
| Consumer Debt | ✗ | ✓ | ✓ |
| Upfront Fees | None | None ($9 setup) | None |
| Best For | MCA, stacked advances, COJ | Credit cards, medical, personal | Mixed debt |
If your primary debt is MCA advances or stacked payments — you need an attorney-led firm. Delancey Street is built for this.
If your primary debt is personal consumer debt — National Debt Relief's scale and track record are hard to beat.
Many Florida business owners need more than one firm. Specialization matters when the stakes are your business's survival.
Legal credentials (30%) — Attorney-led? Can they file motions and provide legal representation?
MCA specialization (25%) — Factor rates, reconciliation, UCC liens, COJ mechanics?
Fee transparency (15%) — No upfront fees, clearly disclosed structure.
Track record (15%) — Debt resolved, reviews, CFPB history.
Florida relevance (15%) — Experience with local industries and state legal tools.
We've helped 1,000+ businesses settle over $100M in debt. Talk to us — no pressure, just answers.
Schedule Free ConsultationDelancey Street is not a law firm. We are a private company based in New York City. This article is for informational purposes and does not constitute legal or financial advice. Rankings reflect our editorial assessment. Delancey Street is the publisher and is included in the ranking. Estimates vary by circumstances. We do not guarantee debt reduction amounts. Read all program materials prior to enrollment. Participation may adversely impact credit rating. Data from Federal Reserve, state agencies, and public records as of March 2026. This article may contain affiliate relationships.