MCA Debt Relief Options in Massachusetts

Massachusetts’s consumer protection statute, Chapter 93A, is one of the most powerful in the nation. It applies to commercial MCA disputes and provides treble damages, mandatory attorney’s fees, and the leverage to change the calculus of any negotiation.

Massachusetts’s innovation-driven economy, technology, biotechnology, healthcare, education, financial services, and the professional services that support them, produces a significant small business sector that MCA companies target actively. Business owners in Boston, Cambridge, Worcester, Springfield, and across the state have signed MCA agreements to bridge cash flow gaps and are managing daily withdrawals that strain the businesses the advances were intended to support.

Massachusetts’s legal framework is exceptionally favorable to MCA borrowers, anchored by what many practitioners consider the strongest consumer protection statute in the country. Chapter 93A’s combination of treble damages and mandatory fee-shifting makes it a weapon that changes the dynamics of every MCA dispute in the state.

The Legal Landscape in Massachusetts

Massachusetts General Laws Chapter 93A prohibits unfair or deceptive acts or practices in trade or commerce. The statute provides a private right of action for businesses as well as consumers. A business that prevails on a Chapter 93A claim is entitled to actual damages, and if the court finds that the deceptive conduct was knowing or willful, the damages are trebled, multiplied by three. The statute also provides for mandatory attorney’s fees and costs. The fee-shifting means the business owner’s attorney is compensated by the defendant if the claim succeeds, reducing the financial barrier to litigation to near zero for meritorious claims.

Massachusetts’s criminal usury statute, M.G.L. c. 271, § 49, makes it a crime to charge interest exceeding 20% per annum on loans under $1,000 or to charge criminally excessive rates on other transactions. The civil usury framework includes multiple thresholds depending on the transaction type. For recharacterized MCAs, the applicable threshold depends on the court’s classification of the transaction, but the effective APRs of most MCAs, 100% to 300%, exceed any applicable limit by wide margins.

Massachusetts has also been active in regulating commercial financing through the Division of Banks, which has the authority to examine and take enforcement action against entities engaged in lending without proper licensing. If the MCA is recharacterized as a loan, the funder’s licensing status in Massachusetts becomes a relevant consideration, and unlicensed lending activity may be independently actionable.

Massachusetts does not permit confessions of judgment. Any judgment against a Massachusetts business owner must be obtained through conventional litigation with full due process protections, ensuring the business owner has notice and an opportunity to defend.

Recharacterization and Usury

Massachusetts courts apply the same risk-based analysis used nationally. If the MCA funder bore no genuine risk, because payments were fixed, the guarantee eliminated the funder’s downside, and the reconciliation clause was never honored, the transaction is a loan. The recharacterized loan’s effective rate is compared to the applicable usury threshold.