Mitigating Risk in the Merchant Cash Advance Industry

Pepper Hamilton LLP
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As the merchant cash advance (MCA) industry is trying to achieve wider acceptance as a source of small business financing, there are a number of risks that need to be considered and mitigated. Among these are the securities laws that pertain to this space, which can be confusing and difficult to interpret. Pepper hosted a discussion on MCAs with a team of Pepper attorneys who covered the full spectrum of issues — from regulation through See more +
As the merchant cash advance (MCA) industry is trying to achieve wider acceptance as a source of small business financing, there are a number of risks that need to be considered and mitigated. Among these are the securities laws that pertain to this space, which can be confusing and difficult to interpret. Pepper hosted a discussion on MCAs with a team of Pepper attorneys who covered the full spectrum of issues — from regulation through litigation.

Topics included:

-Review of recent MCA court decisions

-Securities-related risks

-California disclosure rules

-MCA contracts (including the use of guarantees and confessions of judgment)

-Stacking

-Litigation update See less -

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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