Are MCA Loans Legal?
Are MCA Loans Legal?
If you’re a business owner struggling with cash flow, you may have been approached by a funder offering a merchant cash advance, often called an “MCA loan.” But many borrowers later ask the same question:
“Are MCA loans even legal?”
The answer is: MCAs exist in a legal gray area. While they’re not always illegal, many MCA agreements violate state usury laws or involve deceptive practices. This article explains how MCAs work, what makes them legally questionable, and what business owners can do to protect themselves.
What Is an MCA Loan?
A merchant cash advance (MCA) is not technically a loan. Instead, it’s an agreement in which a business sells a portion of its future receivables (credit card sales or bank deposits) to a funding company in exchange for a lump sum of cash up front.
The funder collects repayment either by:
- Daily ACH withdrawals from your business bank account
- A percentage of your daily credit card sales
While marketed as flexible and low-risk, MCA agreements often include:
- High effective interest rates (50%–400%+)
- Aggressive repayment schedules
- Confession of judgment clauses
- Personal guarantees
Are MCA Loans Regulated?
MCAs fall outside traditional banking regulations. Because they are technically not loans, funders often claim they are not subject to lending laws or usury limits.
However, courts across the country, especially in New York, have increasingly scrutinized MCA agreements, especially when they:
- Charge extremely high rates
- Lacks a true link to future receivables
- Include abusive enforcement mechanisms
- Misrepresent risk or obligations
In short, the lack of oversight doesn’t mean MCA contracts are automatically legal. Many have been successfully challenged in court.
When MCA Loans Become Illegal
Here are some key red flags that may render an MCA agreement unenforceable or illegal:
1. Disguised Loans
If an MCA contract functions more like a loan than a receivables sale, especially if:
- Repayment is fixed rather than variable
- Default triggers personal liability regardless of sales
- There’s no real risk to the funder
Courts may treat the MCA as a loan subject to usury laws.
2. Usury Violations
In New York, the civil usury cap is 16% and criminal usury is 25%. MCA funders often structure deals with effective interest rates well over these limits.
If the agreement is deemed a loan, and the rate exceeds state limits, it may be declared void and unenforceable.
3. Confession of Judgment Abuse
A confession of judgment (COJ) allows a funder to obtain a judgment against you without notice or trial. These are heavily restricted in New York, especially against in-state residents and businesses.
If a funder uses a COJ improperly, a court can vacate the judgment and potentially sanction the funder.
4. Fraud or Deceptive Practices
MCA funders have been sued for:
- Misrepresenting terms or risk
- Failing to disclose fees
- Making false claims about flexibility
- Targeting desperate businesses with predatory terms
Such conduct may violate consumer protection laws or support a fraud claim.
What Courts Say About MCA Legality
In recent New York cases, judges have:
- Reclassified MCA agreements as loans based on repayment structure
- Cited the lack of risk to funders as evidence that the transaction is not a true receivables sale
- Voided contracts that violated criminal usury statutes
- Struck down the improper use of confessions of judgment
This growing body of case law suggests that many MCA agreements may not stand up to legal scrutiny.
Can You Fight an MCA in Court?
Yes, and many businesses have succeeded in voiding MCA contracts, stopping collections, and even recovering damages.
An experienced MCA defense attorney can help by:
- Analyzing your MCA agreement for illegal terms
- Filing motions to vacate confessions of judgment
- Asserting usury or fraud defenses
- Negotiating settlements that reduce your liability
- Advising whether bankruptcy may discharge the debt
At J. Singer Law Group, we’ve helped clients across New York challenge MCA contracts and stop abusive collection practices.
Frequently Asked Questions
1. Are MCA loans legal in New York?
They are not explicitly illegal, but many MCA agreements violate New York’s usury laws or consumer protection rules, making them unenforceable.
2. Can I go to jail for defaulting on an MCA loan?
No. MCA default is a civil matter. Funders may sue, but they cannot pursue criminal charges over nonpayment.
3. Are MCA lenders licensed?
Most MCA funders are not licensed lenders, and they operate outside of banking regulations. That’s part of what makes the industry so risky.
4. What if I signed a confession of judgment?
Confessions of judgment are heavily restricted in New York. An attorney may be able to vacate the judgment and defend your rights.
5. Can bankruptcy eliminate MCA debt?
Yes. Depending on the situation, MCA debts can often be discharged or restructured in Chapter 7, 11, or 13 bankruptcy.
Know Your Rights
While MCA agreements may appear legal on the surface, many violate New York law. If you’re facing aggressive repayment demands, lawsuits, or frozen accounts, don’t assume you’re out of options.
At J. Singer Law Group, we help New York business owners push back against MCA lenders in and out of court. We know how to identify illegal terms, challenge enforcement tactics, and protect your personal and business assets.
Think your MCA agreement may be illegal?
Speak with an
experienced attorney at
J. Singer Law Group today. We offer confidential consultations and aggressive legal support for small business owners across New York.
