The speed and accessibility of a quick business cash advance come with substantial risks that business owners must understand before signing an agreement.
Prohibitively High Costs
As demonstrated, the effective APR on these products can be exceptionally high. According to the Federal Trade Commission (FTC), small businesses should be wary of financing that has triple-digit APRs, which is common in the MCA space. This high cost can trap businesses in a cycle of debt, where they need to take out a new advance to cover the payments for the old one.
Lack of Federal Oversight
Because MCAs are legally structured as a "purchase of future receivables" and not a loan, they are not subject to federal lending laws like the Truth in Lending Act (TILA). This means providers are not required to disclose an APR. This lack of transparency makes it difficult for business owners to accurately compare costs against other financing options. The Consumer Financial Protection Bureau (CFPB) has begun to collect data on small business lending, which may lead to future regulation, but for now, oversight is limited.
Aggressive Collection Tactics
MCA contracts often contain a Confession of Judgment (COJ), though they are now banned or restricted for residents of some states like New York. A COJ is a clause where the business owner waives their right to a defense in court if they default. This allows the MCA provider to obtain a court judgment and seize business assets, including bank accounts, with little to no warning.
Misleading Marketing and Contracts
Contracts can be dense and confusing. Unscrupulous providers may use deceptive language to obscure the true cost and terms of the agreement. Always read the contract thoroughly and consider having a legal professional review it. Watch out for hidden fees, such as origination fees or bank-processing fees, that add to the total cost.