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Loans Advances

Troutman Pepper

MCA Participations and Securities Laws: Recognizing and Managing A Looming Threat

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Due to the high volume of relevant judicial decisions issued by New York courts over the past two years, the risk that enforceability of a merchant cash advance (MCA) contract might be successfully challenged as a disguised...more

Stinson - Corporate & Securities Law Blog

SEC Charges CEO/Director with Sarb-Ox Loan Violations for Unreimbursed Advances that Were Outstanding for 5 to 36 Days and...

According to the SEC in an order settling an enforcement action, Alan Shortall was CEO and Chairman of Unilife Corporation, a Nasdaq listed issuer. According to the SEC, Shortall arranged for Unilife to make personal payments...more

Ballard Spahr LLP

Minnesota AG files lawsuit against pension advance companies

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The Minnesota Attorney General announced that she has filed a lawsuit in state court against two pension advance companies. According to the AG’s press release, the companies often solicited borrowers through their own...more

Troutman Pepper

New York Case Is a Win for the Merchant Cash Advance Industry

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Providers of cash advances repaid by sales of future receivables in New York can have greater confidence that these advances are not loans and are not subject to usury laws. On March 16, the Supreme Court of New York,...more

Troutman Pepper

Court Rules MCA Arrangement Is a Loan Under New York's Usury Laws

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On October 25, 2016, the New York Supreme Court of Westchester County issued a decision in Pearl Capital Rivis Ventures, LLC v. RDN Construction, Inc. that helps clarify the circumstances under which the provision of a...more

Ballard Spahr LLP

CFPB lawsuit against pension advance companies could have broader implications

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A new lawsuit, filed by the CFPB and the New York Department of Financial Services(NY DFS) in a California federal court against two pension advance companies and three of the companies’ individual managers, again...more

Fisher Phillips

Quick Quiz Answer: Recovering Loans Or Advances

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The best answer to our January 9 Quick Quiz is, "$200". In declining percentage order, the responses were...more

Fisher Phillips

Quick Quiz: Recovering Loans Or Advances

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Gloria is a stock clerk for The Warehouse Company. She is paid on an hourly basis at the rate of $8.00 per hour. Gloria experiences a personal financial emergency....more

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