Merchant Cash Advance Attorneys[yoast-breadcrumb]
Reviewing the MCA Agreement
The MCA agreement contains the all-important terms dictating how much you will repay and the lender’s rights to collect payments. An attorney can help you understand:
- The advance amount, fees, and total repayment obligation
- The repayment terms – such as the percentage taken from daily credit card sales
- The duration of the agreement and cases where the lender can call the balance due
- What happens in the case of a default
- Any personal guarantee and liability provisions
Having an attorney review the paperwork can help identify any predatory terms or conditions that may be grounds for a legal dispute down the road. They can also help negotiate better terms that provide more protection for your business.
Assessing Alternative Financing Options
While MCAs provide fast access to capital, the high fees and rates often make them one of the most expensive financing options for businesses. An attorney can help you weigh the pros and cons of an MCA compared to alternatives like:
- Bank loans
- SBA loans
- Invoice factoring
- Equipment financing
- Angel investors or venture capital
They can run calculations to show the true cost of the MCA versus other products. In many cases, there may be cheaper sources of financing available.
Negotiating Better MCA Terms
MCA offers are often presented on a take-it-or-leave-it basis. However, an experienced attorney can still negotiate better terms that provide more protection for your business. Areas to negotiate include:
- Lower rates and fees
- Shorter payback periods
- Limits on future advance amounts
- Flexible paydown options
- Better default clauses and personal liability provisions
Even minor improvements to the terms can significantly reduce the overall repayment burden.
Defending Against MCA Lawsuits
Predatory MCA companies frequently sue merchants over contractual disputes and defaults. Common allegations include:
- Breaching the MCA agreement
- Diverting credit card sales to avoid payments
- Providing false sales information
- Improperly terminating the agreement early
MCA lawsuits can seek repayment of the full advance amount, punitive damages, and to freeze the business’s assets. Defending against an MCA lawsuit requires navigating complex contract law and financial regulations. An attorney experienced in MCA cases can help craft legal arguments and defenses around:
- Unconscionable or illegal contract terms
- Improper lending practices
- Statute of limitations expirations
- Inaccurate financial allegations
In many cases, an attorney can get lawsuits dismissed or reach favorable settlements that avoid business-crippling judgments.
Filing Suit Against Predatory MCA Companies
If an MCA company engages in fraudulent, abusive, or illegal practices, it may be possible to go on the offense and sue them. Potential claims can include:
- Usury and interest rate violations
- Deceptive business practices
- RICO violations
- Breach of contract
Lawsuits can seek to void the MCA agreement, recover damages, and stop the lender from harming other businesses. Having an aggressive attorney in your corner levels the playing field against unscrupulous MCA companies.
Navigating Bankruptcy With an MCA
The complex terms in MCA agreements can make bankruptcy challenging for merchants. Lenders often fight to prevent debts from being discharged. An attorney can help you:
- File for Chapter 7 or Chapter 11 bankruptcy
- Dispute any objections from the MCA lender
- Advocate for discharging the MCA debt
- Protect your assets and operations during bankruptcy
Bankruptcy can provide a fresh start and eliminate burdensome MCA debts. But the process requires expert legal guidance.
Selecting an Attorney for MCA Issues
It takes an experienced attorney to handle the web of legal issues surrounding merchant cash advances. When selecting counsel, look for lawyers with specific expertise in areas like:
- Commercial litigation
- Contract law
- Financial regulations
- Usury laws
- Consumer protection laws
- Bankruptcy law
Ideally, find an attorney who has represented other companies in MCA-related disputes. They will understand the common predatory tactics and how to build strong legal arguments. Local attorneys can also advise you on state laws that provide additional merchant protections.
Merchant Cash Advance Attorneys: Protecting Small Businesses from Predatory Lenders
Getting quick cash to keep your business afloat can seem like a lifeline when you’re struggling to make ends meet. But some merchant cash advance (MCA) providers are more like sharks, ready to prey on desperate entrepreneurs. I’ve seen too many small business owners taken advantage of by MCA loans with crazy high interest rates and unfair terms.As an attorney who specializes in this area, I help merchants fight back against predatory MCA companies and get out of suffocating contracts. Let me break down what you need to know about merchant cash advances and your legal options.
How Do Merchant Cash Advances Work?
With an MCA, you get an upfront lump sum payment, usually between $5,000-$500,000. In exchange, the MCA company takes a cut of your future credit card sales until you pay back the advance – often taking 10-20% of daily receipts.Unlike a normal loan, MCAs don’t have fixed monthly payments. Instead, the payback period depends on your credit card volume. If business is slow, you could end up locked into payments for longer than expected.While MCAs are easy to qualify for, the costs are outrageous. Some providers charge effective interest rates over 100%! Read the fine print before signing anything.
Spotting Predatory Merchant Cash Advance Practices
Many of the MCA contracts I review contain clauses that are just plain illegal. Here are some red flags to watch out for:
- Sky-high interest rates exceeding your state’s usury laws
- Disguising the MCA as a purchase instead of a loan
- Failing to disclose all fees and terms upfront
- Requiring fixed daily payments regardless of actual credit card sales
- Allowing unlimited payback periods
- Requiring merchants to waive rights via “confessions of judgement”
- Slapping you with fees for early repayment
Don’t get bullied into accepting an agreement with unfair or deceptive terms. Get an attorney to review any MCA contract before signing.
Crafting an Airtight Merchant Cash Advance Defense
If an MCA company sues you, stay calm and let your lawyer do the talking. We have plenty of defenses to invalidate questionable contracts, like:
- Usury violations – I can argue the MCA is actually a usurious loan masquerading as a purchase.
- Unconscionability – If the contract terms are absurdly one-sided, we may get it thrown out entirely.
- Breach of contract – If the MCA company didn’t uphold their end of the deal, we can fight on those grounds.
- Fraudulent inducement – Deceiving you about costs and terms makes the contract voidable.
- RICO violations – Abusive collection tactics may violate federal racketeering laws.
The right attorney levels the playing field against predatory MCA lenders. Don’t let them intimidate you into accepting a raw deal.
You Have Options – Don’t Go It Alone
If you get hit with an MCA lawsuit, contact an experienced lawyer immediately. Follow the court’s orders, but don’t agree to anything without your attorney present.With the right legal strategy, you can get MCA lawsuits dismissed or settled on favorable terms. Don’t be bullied – help is available! Reach out today to discuss your situation in a free consultation.