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

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  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/

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  These purported specialists fail to inform the debtor that they can only attempt to address unsecured debt such as credit cards and medical bills. A non-attorney is legally prohibited from giving legal advice & most are not qualified to deal with secured debt like real estate mortgages or car loans https://grantphillipslaw.com/tackle-all-your-debt-with-a-debt-relief-attorney/

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 New York follows the State of California by enacting this type of law and like California, New York’s newly enacted statute applies to a Merchant Cash Advance. https://grantphillipslaw.com/new-york-enacts-apr-disclosure-laws/

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  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/

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  The intent of S.B 5470 is to provide corporate and small business borrowers with more transparency surrounding their taking of credit, in order to allow for better, more informed decisions, a clearer understanding of how much is being borrowed and under what terms and to provide a corporate borrower with the ability to compare different offers of credit. https://grantphillipslaw.com/new-york-enacts-apr-disclosure-laws/

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  A Merchant Cash Advance or MCA (as the industry refers to it), was neither proprietary nor patented. In fact, its creation occurred more than a decade earlier. The owner of a Gymboree needing funds today to tide the business over through the slow months, invented the technology to allow for the purchase and sale of future receivables https://grantphillipslaw.com/merchant-cash-advance-101-explained/

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  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. Many of these practitioners fail to inform the debtor of their limitations, instead often taking loads of upfront money a violation of FTC and State Law, while not performing any service. I have also encountered many companies that promise to eliminate all debt. https://grantphillipslaw.com/tackle-all-your-debt-with-a-debt-relief-attorney/

  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/

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  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/

  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/

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  Only a Consumer National Debt Relief Attorney Can Help You With Total & Lasting Debt Elimination! This applies to most forms of debt, including but not limited to Merchant Cash Advance Loans, Payday Loans, Hard Money Loans, IRS Tax Debt, Medical Bills, Credit Card Debt and in certain instances even Student Loan Debt. https://grantphillipslaw.com/tackle-all-your-debt-with-a-debt-relief-attorney/

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  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/

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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/

  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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