When MCA Contracts Violate State Usury Laws

My attorney charged a flat fee of $3500 for the negotiation. Some work on contingency. Shop around — I talked to three before choosing. The free consultations are genuinely free.

Yes, there was a UCC lien. My lawyer got it released as part of the settlement. Make sure that's in writing before you pay a dime.

Tax note: the forgiven amount may be taxable as cancellation of debt income. There are exceptions if you're insolvent (IRS Form 982). Don't get surprised at tax time.

Did they file a UCC lien against your business? That's what I'm worried about.

How much did the lawyer cost? That's what's holding me back.

Attorney here. Important thing to know: state usury statutes defines what constitutes a loan vs. a purchase of receivables in New York. Many MCAs are structured as receivables purchases to avoid usury caps, but if the agreement has a fixed repayment amount and a reconciliation clause that's never actually used, there's a strong argument it's a disguised loan. Get a consultation — most MCA attorneys offer free ones.

Went through the same thing with my landscaping company near Los Angeles. What worked was getting a lawyer who handles MCA disputes specifically. They sent a cease and desist and within a week the MCA company agreed to restructure. The key was arguing the MCA was actually a loan under New York's usury statutes (state usury statutes) because of how the agreement was structured. New York caps interest at varies by state for non-licensed lenders.

SAME. the US area here too. Got into an MCA cycle where I took a second one to pay off the first. Death spiral. I ended up closing my original bank account and opening a new one at a different bank. Yes they sent threatening letters but my attorney handled it. Settled for 45 cents on the dollar.

This is exactly what I needed to read. Thank you. Making the call tomorrow.

Great question. I was able to get a small SBA microloan through a local credit union 3 months after settlement. The key was having the settlement agreement and UCC release on file.

How did it affect your ability to get future financing?

We see stacking cases regularly. Typical approach:
1. Close the account being debited, reroute revenue
2. Enter all funders into negotiation simultaneously
3. Use the stacking argument as leverage
4. Negotiate a single consolidated settlement

With those factor rates, you have strong ammunition for a usury argument in New York under state usury statutes.

You NEED professional help — this isn't something you negotiate yourself with multiple funders. Each has a UCC lien and they'll fight each other. The stacking itself is leverage — a good attorney will argue the funders knew the combined payments were unsustainable, which is predatory lending.

Former restaurant owner here. Was in your exact situation. Settled all 3 for a combined 48 cents on the dollar. Took about 4 months. My business survived.

Former MCA broker here (not proud). This is called "stacking" and it's how companies make real money. The broker gets commission, the funder gets a fresh contract. The only person who loses is the business owner. I left the industry because of this.

THIS. The brokers earn commissions on EACH deal. Of course they suggest a second advance.

This is a pressure tactic. Even if the MCA agreement includes assignment of receivables, actually contacting your clients is different. Under New York's UCC Article 9, there are proper legal channels. More importantly, if this causes reputational harm, you may have a claim for tortious interference. Document everything.

They pulled this same threat on me. Never followed through. Get a lawyer to send them a letter and it stops.

Typical timeline:
- Week 1-2: Consultation, retain counsel, send notices
- Week 2-4: ACH debits stop
- Month 2-3: Active negotiation
- Month 3-5: Settlement reached and paid
- Month 5-6: UCC liens released

Stacking cases take 4-8 months. COJ cases add 2-3 months.

From first call to signed settlement: about 6 months for me. But the daily debits stopped within 2 weeks once my attorney got involved. That's the key — immediate relief even though full resolution takes time.

Yes, similar experience. Undisclosed fees are a known issue. My attorney argued lack of disclosure violated New York's Consumer Protection Act and the federal Truth in Lending Act. They settled quickly once those arguments were raised.

Track those fees separately from principal repayment. Some "administrative fees" may be deductible as business expenses even during the dispute.

No. Full stop. An MCA company cannot affect your professional license. Licensing boards do NOT discipline based on business debts. This is a scare tactic and arguably violates the Fair Debt Collection Practices Act.

Document who said this, when, and how. This kind of threat strengthens your position — shows bad faith, can be used as leverage or basis for a countersuit.

Had a similar scare. Your license and business debts are completely separate. Do not let them intimidate you.

You still have options. The remaining ~$31k can potentially be settled for 40-50 cents (~$12-15k). Your good faith payments actually help your negotiating position. Also worth exploring whether pandemic relief protections apply — some MCAs from 2020-2021 have been challenged on economic duress grounds.

Ch 11 is legitimate but understand the trade-offs:

Pros: automatic stay stops ALL collection, can restructure all debt
Cons: legal fees $15-25k+, takes 12-18 months, public record, court permission needed for many decisions

Look into Subchapter V small business reorganization — faster and cheaper than traditional Ch 11. Debt limit raised to $7.5 million.

I looked into Ch 11 before going settlement. The public record aspect was a dealbreaker — in my industry, competitors would use it against me on every bid. Settlement is private.

I called two of the top ones. Both professional, no pressure, both offered free consultations with realistic timelines. Go with whoever you feel most comfortable with.

Good experience overall. Key things: (1) no large upfront fees, (2) they should know your state-specific laws, (3) realistic settlement range — anyone promising 20 cents on the dollar is lying.

Under New York's UCC Article 9, a secured party must file a UCC-3 termination within 20 days of receiving a written demand. Send a formal demand via certified mail referencing the specific UCC filing number. If they don't comply, they're liable for statutory damages plus any actual damages from the delayed loan.

Had the same issue. The certified letter worked within a week. Include a copy of your final payment confirmation.

MCAs aren't inherently evil but the cost is extreme. Try these first:
1. SBA microloans (up to $50k, even for newer businesses)
2. CDFI lenders (community development financial institutions)
3. Business credit cards (even at 24% APR, cheaper than most MCAs)
4. Revenue-based financing from transparent companies
5. Kiva loans (0% interest, crowdfunded)

If you MUST do an MCA, keep the factor rate under 1.3 and ensure there's a real reconciliation clause.

If you need the money for 30-60 days and have high margins (buying inventory you'll sell at 3x markup), an MCA CAN work. Run the numbers. But if margins are thin or timeline uncertain — stay away.

Filed with both. BBB did nothing — boilerplate response. The AG complaint was more useful — goes into their file. But neither replaced getting an actual attorney.

File the complaints AND get a lawyer. They're not mutually exclusive. The AG tracks MCA complaints but for YOUR situation, only a lawyer can negotiate.