Merchant Cash Advance 101 – Explained

However, since no law presently exists to govern the MCA space, the cases that have gone before the NY Courts have been decided upon the specific case facts relating to that matter. Notwithstanding this lack of regulation, New York recently passed SB 5470 but it is yet to be enacted. SB 5740 are laws requiring Merchant Cash Advance funders to disclose certain information about the MCA and its loan terms to the potential borrowing Merchant. This is a good start to reforming the space and limiting abuses.



https://grantphillipslaw.com/m....erchant-cash-advance

New York Enacts APR Disclosure Laws

Notwithstanding the lack of DFS guidance thus far, the law is categorical in its underlying intent and drive. New York is looking out for small businesses at home and across the country. S.B 5470 is groundbreaking in so far as it mandates that certain disclosures be provided to corporate borrowers, thereby providing a corporate borrower with protection from lending abuses perpetrated on small businesses and merchants across the United States.


https://grantphillipslaw.com/n....ew-york-enacts-apr-d

New York MCA Laws Updated

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. Put another way, the new law of SB 5740 does not give a non-bank lender a pass. Fraud is still fraud. Misrepresentation is still misrepresentation and thus even total compliance with the SB 5740 disclosures will not waive fraudulent or legally questionable transactions. SB 5740 does not make illegal transactions suddenly legal.

https://grantphillipslaw.com/n....ew-york-mca-laws-upd

Tackle All Your Debt with A Debt Relief Attorney

When a debtor hires a debt expert or company additional problems arise. There is the too common issue of multiple creditors and the inability of the expert or debt settlement company to get ALL of the debtor’s creditors into one all-encompassing settlement. Worse yet, is the failure of the debt settlement company to contact the true and actual creditor making sure the party they are “negotiating” with is the true debt holder and not a third party collection agency.



https://grantphillipslaw.com/t....ackle-all-your-debt-

New York Enacts APR Disclosure Laws

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/n....ew-york-enacts-apr-d