The broker found you money when nobody else would. The broker was friendly, responsive, and fast. The broker also earned a five-figure commission that was built into the cost of the advance you are now struggling to repay.

MCA brokers are compensated through commissions paid by the funder. The commission is a percentage of the funded amount, typically ranging from 1% to 15% depending on the deal size, the funder, and the broker’s relationship with the funder. The commission is paid at closing. The broker earns the full commission regardless of whether the business can sustain the daily payments, regardless of whether the terms are suitable for the business, and regardless of whether the business owner understood the true cost of the advance.

This compensation structure creates an incentive misalignment that pervades every interaction between the broker and the business owner. The broker earns more when the funded amount is larger, when the factor rate is higher, and when the business takes additional advances through renewals or stacking. The business owner’s interest is the opposite — the smallest advance necessary, at the lowest cost, with the most flexible terms. The broker’s financial interest and the business owner’s financial interest are fundamentally opposed.

How the Misalignment Manifests

The broker steers toward the product that generates the highest commission, not the product that best serves the business. If a business qualifies for a line of credit at 12% APR and an MCA at an effective APR of 150%, the line of credit generates no commission for the MCA broker. The MCA generates a five-figure payday. The broker recommends the MCA. The broker may not mention the line of credit at all.

The broker minimizes the cost by quoting the factor rate rather than the APR, by emphasizing the daily payment amount rather than the total repayment, and by comparing the MCA favorably to the business’s worst alternative rather than its best one. The broker says the daily payment is “only $500.” The broker does not say the total repayment is $140,000 on a $100,000 advance, that the effective APR is 180%, or that a business line of credit would provide the same working capital at one-tenth the cost.

The broker encourages renewals and top-ups because each one generates a new commission. The outreach is proactive: the broker contacts the business owner before the current advance is fully repaid, offers additional capital, and frames the renewal as a benefit. The broker does not disclose the effective cost on the net new capital or the compounding effect of serial renewals.

The Fiduciary Gap

MCA brokers are not fiduciaries. They do not owe you a duty of loyalty, a duty to act in your best interest, or a duty to disclose conflicts of interest. They are salespersons compensated by the company whose product they are selling. The legal obligations that apply to mortgage brokers, investment advisors, and insurance agents do not apply to MCA brokers in most jurisdictions. The broker can recommend the most expensive product available, omit the existence of cheaper alternatives, and earn a commission that was built into the cost you are paying, all without violating any legal duty.

This does not mean the broker’s conduct is immune from legal consequence. If the broker made affirmative misrepresentations about the cost, the terms, or the nature of the product, those misrepresentations may be actionable under state consumer protection laws, deceptive trade practices statutes, and common law fraud. The absence of a fiduciary duty does not create a license to deceive.

Protecting Yourself

Ask the broker to disclose the commission. Some brokers will. Most will not. The refusal is itself informative. Ask the broker to quote the effective APR. If the broker cannot or will not, the cost is higher than the broker wants you to know. Ask whether the business qualifies for any alternative products — a line of credit, an SBA loan, equipment financing. If the broker dismisses alternatives without evaluating them, the broker is protecting the commission, not advising you.

Before signing any MCA agreement presented by a broker, have the agreement reviewed by an attorney or financial advisor who is not compensated by the funder. The independent review costs a fraction of the commission embedded in the advance. It is the only way to ensure that the product you are accepting serves your interest, not just the broker’s.

The broker’s role in the MCA transaction is not advisory. It is transactional. The broker finds capital, presents offers, and facilitates closing. The broker’s compensation is tied to closing, not to the suitability of the product or the outcome for the business. This does not make every broker dishonest. It makes the relationship structurally different from what most business owners assume. The business owner who understands the structure protects themselves. The business owner who assumes the broker is an advisor exposes themselves.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted
Multi-State Licensed
Federal Courts

Meet the Full Team

The most effective protection is independent advice. An attorney, an accountant, or a financial advisor who is not compensated by the funder can evaluate the offer objectively and identify costs, risks, and alternatives that the broker has no incentive to disclose. The cost of independent advice is a fraction of the commission embedded in the advance. It is the cheapest form of due diligence available.

For more on this topic, see Why “Easy Approval” MCAs Are Usually the Most Expensive.

For more on this topic, see Predatory MCA Practices: How to Spot Them.