Articles by Robert Cook, Cathy Brennan, and Kate Fisher, Hudson Cook, LLP

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Can California Lenders Pay Referral Fees to Unlicensed Brokers?

December 15, 2015

welcome to california

A new California law is drawing attention to a much-misunderstood issue – whether California Finance Lenders can pay referral fees to unlicensed ISOs. Effective January 1, 2016, the answer is yes, but only for commercial loans with an annual percentage rate of less than 36% where the lender reviews documents to verify the borrower’s ability […]

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Merchant Cash Advance Stacking – Sidebar

April 17, 2015

stacked

A claim brought by a first-position MCA company or lender may not be the only legal concern for a company that engages in stacking. Regulators could become involved if they believe aggressive stacking unfairly harm merchants. The Federal Trade Commission (“FTC”) and most state attorneys general can enforce unfair and deceptive trade practice acts even […]

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Stacking: Is it Tortious Interference?

April 16, 2015

stacking tortious interference

This article is from deBanked’s March/April magazine issue. To receive copies in print, SUBSCRIBE FREE STACKING – the practice of entering into a cash advance transaction or loan knowing that the merchant already has one or more open cash advances or loans with a competitor – is causing a rift among merchant cash advance companies […]

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