Protecting Maryland Merchants: Grant Phillips Law - Your Merchant Cash Advance Attorney

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 Get the best legal advice in New York with Grantphillipslaw.com. Trust our experienced attorneys to handle your case under New York Law SB 5740. New York Law SB 5740

 Thus, expanding the Statutes reach. It is worth noting that under New York Usury laws, the charging of interest in excess of 25% on a loan less than $2,500,000.00 is considered criminal usury. Ostensibly now, non-conventional loans under $2.5MM in New York are subject to both SB 5740 and to New York criminal usury. https://grantphillipslaw.com/new-york-mca-laws-updated/

 Know your rights and remember while debt is a stressful matter, there are multiple laws in place to 1) Protect you and 2) Offer recourse and even potential restitution. Consult with an attorney who knows how to use these laws and who will protect you. Any reasonable law firm should offer a free and comprehensive initial consultation. https://grantphillipslaw.com/tackle-all-your-debt-with-a-debt-relief-attorney/

 S.B. 5470 demands that providers of commercial financing provide specific disclosures to borrowers at the same time they present an offer of financing. As stated previously, the manner by which to disclose these financing terms and the format to use, is to be arranged and enacted by the New York Department of Financial Services. https://grantphillipslaw.com/new-york-enacts-apr-disclosure-laws/

 The industry has been booming ever since and without regulation and no barrier to entry, hundreds of participants have entered the MCA lending sphere. While many engage in deceptive lending practices together with other predatory abuses, including illegal collection methods, harassment and fraud, there are some participants that do follow the law. https://grantphillipslaw.com/merchant-cash-advance-101-explained/

 The final rules limit the CFDL to transactions where the recipient is directed or managed from New York or is a resident of New York. This is very similar to California’s law. Both NY and CA allow a Merchant Cash Advance Funder to rely on the business address provided by the recipient in its application for financing to make the determination. https://grantphillipslaw.com/new-york-mca-final-disclosure-laws/

 implementation, enforcement, and protocol for compliance. The intent of SB 898 as passed by the New York Legislature is to answer some of these questions and to provide SB 5740 with a far broader reach to include more loan transactions within its purview and includes Merchant Cash Advance transactions. https://grantphillipslaw.com/new-york-mca-laws-updated/

 Advance, to make certain disclosures in the contract paperwork, available for a small business borrower to make informed borrowing decisions. Examples of required disclosures include revealing the total cost of financing as well as presenting the small business borrower with a defined APR (Annual Percentage Rate). https://grantphillipslaw.com/new-york-mca-laws-updated/

 Whichever way you slice it, debt is an ugly game and the faster and cheaper it takes to get out of it, the better. However, make sure the methods used and players engaged in them are legal and that you are not digging a deeper hole for yourself. Make your decisions on facts and law not emotion or based on cunning and false advertising. https://grantphillipslaw.com/tackle-all-your-debt-with-a-debt-relief-attorney/

 Dozens of additional statutes and laws exist designed to PROTECT THE CONSUMER and govern the creditors. One slip up on any of these laws and a competent attorney can litigate and sue the creditor for such a violation. Common examples of violations are a creditor or lender not offering the client the necessary notices of increases in their APR (annual percentage rate), charging unexplained fees, or mailing statements late. The potential violation list goes on and on. https://grantphillipslaw.com/tackle-all-your-debt-with-a-debt-relief-attorney/

 The new TILA-like Disclosure requirements were signed into law on December 23rd of 2020 with an original commencement date of June 21, 2021. However, since passing S.B. 5470 the New York Senate has provided additional guidance and updates (In March 2021), and included in this update is a new date for commencement of the law to begin January 1st, 2022. https://grantphillipslaw.com/new-york-enacts-apr-disclosure-laws/

 S.B. 5470 is a New York law requiring non-bank lenders to provide corporate borrowers specific disclosures in the loan paperwork and prior to formal consummation of the loan. The law was enacted in order to create more transparency for small business borrowers surrounding their application for credit from non-conventional banking institutes. https://grantphillipslaw.com/new-york-enacts-apr-disclosure-laws/

 As a direct result of the economic crisis back then, an environment for alternative lending opened to meet small business demand and plug the lending gap left by conventional banking institutions. The predominant and favorite tool predatory lenders leaned upon, was the offering of a Merchant Cash Advance to an unsuspecting small business owner. https://grantphillipslaw.com/merchant-cash-advance-101-explained/

 The final rules are a good start, but fall short in several areas. For example an MCA Funder is exempt from full disclosure if they are “partnered” with FDIC insured banks. Another shortfall is the inclusion of a $2,500,000 cap. Thus, commercial financing in excess of $2.5M is exempt from the CFDL. Hardly ideal. https://grantphillipslaw.com/new-york-mca-final-disclosure-laws/

 New York State, by all accounts the haven State for Merchant Cash Advances, ironically is also one of the first States to enact laws that require certain consumer like disclosures even for several commercial loans. https://grantphillipslaw.com/new-york-mca-final-disclosure-laws/

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 S.B. 5470 demands that providers of commercial financing provide specific disclosures to borrowers at the same time they present an offer of financing. As stated previously, the manner by which to disclose these financing terms and the format to use, is to be arranged and enacted by the New York Department of Financial Services. https://grantphillipslaw.com/new-york-enacts-apr-disclosure-laws/

 Dozens of additional statutes and laws exist designed to PROTECT THE CONSUMER and govern the creditors. One slip up on any of these laws and a competent attorney can litigate and sue the creditor for such a violation. Common examples of violations are a creditor or lender not offering the client the necessary notices of increases in their APR (annual percentage rate), charging unexplained fees, or mailing statements late. The potential violation list goes on and on. https://grantphillipslaw.com/tackle-all-your-debt-with-a-debt-relief-attorney/

 The final rules are a good start, but fall short in several areas. For example an MCA Funder is exempt from full disclosure if they are “partnered” with FDIC insured banks. Another shortfall is the inclusion of a $2,500,000 cap. Thus, commercial financing in excess of $2.5M is exempt from the CFDL. Hardly ideal. https://grantphillipslaw.com/new-york-mca-final-disclosure-laws/

 This is significant development since New York’s Commercial Finance Disclosure Law (CFDL) went into effect August 1st, 2023 and in the law the CFDL has extended disclosure requirements ordinarily required for consumer lending to commercial financing instruments such as a merchant cash advance. https://grantphillipslaw.com/new-york-mca-final-disclosure-laws/

 However, sadly many businesses have been destroyed because of these loans like funding instruments. It is easy to fall prey to an MCA. Afterall, once the business is denied conventional financing or cannot obtain an SBA loan, they are desperate and vulnerable to the non-stop barrage of cold caller sales people, offering easy and quick money. https://grantphillipslaw.com/merchant-cash-advance-101-explained/

 2010 saw a large increase in MCA loan origination. This growth can be attributed to the economic circumstances and fledging economy at that time. It was a perfect combination of circumstance and timing. Small business lending had all but dried up, demand for funding had risen sharply and the resulting turmoil presented both the conditions and timing necessary for the MCA industry to grow exponentially. https://grantphillipslaw.com/merchant-cash-advance-101-explained/

 Advance, to make certain disclosures in the contract paperwork, available for a small business borrower to make informed borrowing decisions. Examples of required disclosures include revealing the total cost of financing as well as presenting the small business borrower with a defined APR (Annual Percentage Rate). https://grantphillipslaw.com/new-york-mca-laws-updated/

 The solution to REAL, LEGAL & COMPLETE debt relief, is working through an attorney licensed and specializing in Total Consumer Debt Relief. With an experienced attorney a debtor has the ability to view their financial hardship and debt in a total and comprehensive fashion and not in a bubble or vacuum of credit card debt alone. They are able to tackle ALL DEBT both secured and unsecured including credit cards, medical bills, tax liens, car repossessions, mortgage debt, judgments, garnishments and foreclosures. https://grantphillipslaw.com/tackle-all-your-debt-with-a-debt-relief-attorney/

 As an attorney licensed & practicing in Florida, New York and New Jersey, with a focus on Total Consumer Debt Relief, I am receiving more and more clients, who were once signed into an alleged debt settlement program, hired a non-attorney to address their debt or had already paid exorbitant amounts of money to such companies, and yet, their debt was NOT settled. https://grantphillipslaw.com/tackle-all-your-debt-with-a-debt-relief-attorney/

 The new TILA-like Disclosure requirements were signed into law on December 23rd of 2020 with an original commencement date of June 21, 2021. However, since passing S.B. 5470 the New York Senate has provided additional guidance and updates (In March 2021), and included in this update is a new date for commencement of the law to begin January 1st, 2022. https://grantphillipslaw.com/new-york-enacts-apr-disclosure-laws/

 S.B. 5470 is a New York law requiring non-bank lenders to provide corporate borrowers specific disclosures in the loan paperwork and prior to formal consummation of the loan. The law was enacted in order to create more transparency for small business borrowers surrounding their application for credit from non-conventional banking institutes. https://grantphillipslaw.com/new-york-enacts-apr-disclosure-laws/

 New York State, by all accounts the haven State for Merchant Cash Advances, ironically is also one of the first States to enact laws that require certain consumer like disclosures even for several commercial loans. https://grantphillipslaw.com/new-york-mca-final-disclosure-laws/

  Notwithstanding the lack of DFS guidance thus far, the law is categorical in its underlying intent and drive. https://grantphillipslaw.com/new-york-enacts-apr-disclosure-laws/

  SB 898 includes language that states categorically that a lender’s compliance with SB 5740 does not mean the underlying loan transaction is therefore legal. https://grantphillipslaw.com/new-york-mca-laws-updated/

  Advance, to make certain disclosures in the contract paperwork, available for a small business borrower to make informed borrowing decisions. https://grantphillipslaw.com/new-york-mca-laws-updated/

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  The law was enacted in order to create more transparency for small business borrowers surrounding their application for credit from non-conventional banking institutes. https://grantphillipslaw.com/new-york-enacts-apr-disclosure-laws/

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  Beginning early 2010, after the Great Recession, when the American housing market blew up and the world fell into a financial crisis, conventional banking institutions, for example Chase Bank and Citi, were unwilling to extend credit to small businesses. https://grantphillipslaw.com/merchant-cash-advance-101-explained/

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  New York State, by all accounts the haven State for Merchant Cash Advances, ironically is also one of the first States to enact laws that require certain consumer like disclosures even for several commercial loans. https://grantphillipslaw.com/new-york-mca-final-disclosure-laws/

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 Thus, expanding the Statutes reach. It is worth noting that under New York Usury laws, the charging of interest in excess of 25% on a loan less than $2,500,000.00 is considered criminal usury. Ostensibly now, non-conventional loans under $2.5MM in New York are subject to both SB 5740 and to New York criminal usury. https://grantphillipslaw.com/new-york-mca-laws-updated/

 However, sadly many businesses have been destroyed because of these loans like funding instruments. It is easy to fall prey to an MCA. Afterall, once the business is denied conventional financing or cannot obtain an SBA loan, they are desperate and vulnerable to the non-stop barrage of cold caller sales people, offering easy and quick money. https://grantphillipslaw.com/merchant-cash-advance-101-explained/

 On its own, SB 5740 reads somewhat ambiguous, with limited reach. Comes along SB 898 (about two months after SB 5740 passed) providing more context into SB 5740 while simultaneously increasing its regulatory reach. https://grantphillipslaw.com/new-york-mca-laws-updated/

 As a direct result of the economic crisis back then, an environment for alternative lending opened to meet small business demand and plug the lending gap left by conventional banking institutions. The predominant and favorite tool predatory lenders leaned upon, was the offering of a Merchant Cash Advance to an unsuspecting small business owner. https://grantphillipslaw.com/merchant-cash-advance-101-explained/

 This is significant development since New York’s Commercial Finance Disclosure Law (CFDL) went into effect August 1st, 2023 and in the law the CFDL has extended disclosure requirements ordinarily required for consumer lending to commercial financing instruments such as a merchant cash advance https://grantphillipslaw.com/new-york-mca-final-disclosure-laws/