Sean Murray


Articles by Sean Murray

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Wait, Is Section 1071 On The Verge Of Being Cancelled?

December 1, 2023
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US CapitolAfter the CFPB spent 13 years trying to figure out how to implement a wide-reaching poorly-worded law, the ensuing 888-page handbook full of rules for small business lenders to follow so the government can measure disparities in commercial loan underwriting processes, may have all been for naught. Congress wants the rules gone.

The rules in question were mandated by Section 1071 of the Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) at a time when the bill’s drafters assumed that all business financing products were loans and all loans came from banks. The consequence has been endless rounds of debates, RFIs, hearings, committees, consultations, explainer guides, and lawsuits. Most recently there was a court-ordered injunction put in place to delay implementation of these rules.

Today, however, the House followed the Senate in voting to strike down the relevant rules. Though it was close in both chambers of Congress, Democrats did join Republicans in reaching this outcome. Nevertheless, reports say that Biden is expected to veto their resolution.

Notably, the passed legislation disapproves the rules submitted by the CFPB, not the underlying section of the law that mandates they draft a set of rules. This is important because it’s not Section 1071 that they’ve voted to undo, but rather the final rules that the CFPB has issued as part of its obligation to Section 1071.

According to House republicans, “By overturning the final 1071 rule, Congress will force the CFPB to reengage small businesses and their lenders to create a rule that is better tailored to their concerns and less likely to reduce the availability of credit.”

This effectively means that Section 1071 itself is safe (unless a court rules it or the CFPB unconstitutional). If the President does not veto it the legislation would force the CFPB to go back to the drawing board on rules it took 13 years to come up with in the first place.

Bluevine Partner Email Circulates

December 1, 2023
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An e-mail purporting to come from Bluevine’s Partner Notifications account was sent out to about 300 of their resellers yesterday with a plainly stated notice that their Referral Marketing Agreements had been terminated.

A representative from Bluevine confirmed that these notices were legitimate, saying that “we refined our strategy and are moving away from the ISO/reseller model.”

This was followed by the statement that “We will continue to work with a set of select strategic partners to deliver loans to small businesses.”

Bluevine has been making moves as of late. The company relocated its headquarters to Jersey City, NJ earlier this year, launched an Accounts Payable solution in August, and began offering protection of up to $3 million for business banking customers in September.

Big Lines of Credit for Canadian Merchants?

November 15, 2023
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Town of Canmore in the Canadian Rockies of Alberta, CanadaBusiness loan brokers in Canada typically do not fit the same mold as brokers in the United States. Most business loan brokers in Canada are actually mortgage brokers working with mortgage clients that happen to own a business. Such has been the case for Kingsmen Capital Investments, a Canadian small business lender that gets roughly half of its deal flow from mortgage brokers. It’s a nice relationship, but Kingsmen Capital believed that something was missing between a bank loan and merchant cash advances/small unsecured loans.

“We’ve started to come out of the MCA space,” said Kingsmen Managing Partner Roger Dusanj.

The company’s idea was lines of credit that start as low as $250,000 and go up to $2 million (or even higher). Although it can be a little more expensive than a bank, the true LOC can also be easier to obtain. Dusanj, for example, said that they’ll evaluate a business’s ebitda versus looking at their total net income. Covid, he added, has also made businesses across Canada more receptive to non-bank products and so it’s taking off.

“In 18 months, we paid out $100 million,” Dusanj said of the loans they’ve made already. The progress so far has made them confident that they’re on to something big. The company will also do term loans and equipment financing.

Although the Canadian mortage broker community works well, Kingsmen says that they would work with US-residing business loan brokers. The company was founded in 2015.

deBanked CONNECT MIAMI Unveils Inaugural Broker Battle™

November 13, 2023
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In the span of just a few hours after deBanked CONNECT MIAMI announced BROKER BATTLE, about a dozen brokers entered their names into the contest on the hope that they may be chosen to compete LIVE at the Miami Beach Convention Center on January 11th. Entries will be accepted through December 1st but it may shut off sooner if the broker contestant pool reaches critical mass.

deBanked CONNECT Miami is adding Broker Battle to this year’s lineup of content. The first-of-its-kind event aims to be fun, educational, and serious. The winner of the Battle will earn the distinction of being the Top Broker and win a grand prize of $5,000.

To learn more about Broker Battle and/or enter, CLICK HERE.

To register for the event and make sure you witness history, learn from the experts, and enjoy the extraordinary networking opportunities of deBanked CONNECT MIAMI, CLICK HERE.

Got questions about deBanked CONNECT Miami? Want to sponsor? Email events@debanked.com.

This will be deBanked’s 6th annual event in Miami since 2018. ARE YOU READY?!

BROKER BATTLE

That Voice on the Phone

November 9, 2023
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ai chatbotWhen someone told me a tech company was using AI to have legitimate voice conversations with sales prospects over the phone, I was skeptical. Then I listened to some examples. The voice and interactions sounded so real that I became even more skeptical that I was even listening to AI. The technology behind it was EVE, a company founded in 2016 that actually uses pre-recorded human responses to engage with someone over the phone. If it sounded so human, that’s because the responses were in fact human voices. EVE’s system is not artificial intelligence in the current sense like ChatGPT. Instead, EVE is using a dialogue tree, a system of recorded responses that are played based upon the interpreted communication of the person. It understands what the person is saying and chooses the right response quickly. And speed is key, because according to Alex Skrypka, CEO of EVE.calls, people will feel that something is off if it takes longer than 1 second to receive a response to something that’s said. The trick is never having the customer figure out that they’re talking to a bot.

In the earlier days, this technology had limitations. EVE could only handle simple voice commands. That progressed, however, to where it could be the opening sales caller, getting prospects to the point where they were pre-qualified and passed onto a human. But by last year it was beginning to assist in closing deals. Skrypka believes that by next year it will advance to a level where it is closing independent deals all on its own and by 2027 will be considered not only an expert closer but also be able to up-sell the customer while doing it.

Sales professional on phoneThe possibilities call to mind a recent popular post on LinkedIn about one thing remaining constant in fintech despite all the advancements in automation is the demand by customers to want to talk to someone. But tech is now addressing that in ways previously thought unimaginable. Customers are already talking to AI agents through neural network technology like OpenAI’s ChatGPT, though mainly in text/chatbot form. As of September, however, ChatGPT was brought to life with a voice. The current options of Juniper, Breeze, Cove, Sky and Ember are a variety of synthetic male and female voices that ChatGPT can speak as but they don’t sound that synthetic when you listen to them. I could be fooled by Juniper.

According to Skrypka, the challenge with putting something like ChatGPT on the phone right now is that crucial response delay time. It’s going to give away that it’s an AI. For testing’s sake, I tried this out and found that while Juniper held up pretty well in a light conversation, she broke the immersion a few times when she had to think about something I said for 7 or 8 seconds.

Perhaps a voice bot, whether it be based on a dialogue tree or a neural network doesn’t have to be perfect 100% of the time anyway, just good enough to scale a business efficiently and cost effectively. EVE, for example, touts that it can handle up to 1 million calls per hour. Imagine how many sales representatives it would take to have 1 million phone conversations an hour.

To think that these capabilities are only going to get better! If customers continue to feel that talking to someone on the phone is necessary before making a big decision, the world of fintech will continue to serve them. But whether that sales person or customer service rep is really a person or a bot is something the customer may never know for sure.

Back to Business Lending in Canada

November 2, 2023
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canadian lenders summit“There’s a need for products and services like ours across all cycles,” said Cato Pastoll, CEO of Loop, on the small business lending panel held at the Lenders Summit this week in Toronto.

It’s unclear what cycle the industry is in exactly. The Lenders Summit, put on every year by the Canadian Lenders Association, was not only sold out but packed wall to wall with more than 500 attendees. The tone was relatively upbeat despite Canada’s key interest rate holding steady at 5% and economic headwinds blowing in the background.

OnDeck Canada COO Harley Greenspoon said that his company just had their best October in four years and that they’ve returned back to pre-pandemic growth. “Demand is actually not the issue at all,” Greenspoon said.

Not only is the demand for business loans there but OnDeck Canada has not had to pass on the rising costs of capital thanks to greater efficiencies unlocked by reducing headcount and increasing automation.

canadian lenders summitLauren Thompson, VP of Specialty Finance for Peoples Group, whose organization partners with fintechs and lenders, said that from a bird’s-eye view banks would probably continue to restrict capital being loaned to small businesses for the foreseeable future. “I don’t think that small businesses are best served through the traditional banking system,” said Thompson.

Pastoll of Loop pointed out an irony with this, that banks tend to under serve the underserved when they actually need it most. “90% of the private sector workforce is employed by small businesses so if you want to stimulate the economy, we as fintechs can do it faster…” Pastoll said.

canadian lenders summitThompson explained that the traditional financial system can be hamstrung by reviewing data that is already stale such as financial reports that reflect a moment in time six months ago while a fintech lender has more of a live pulse on what’s going on.

Greenspoon of OnDeck Canada, for example, could rattle off the top of his head industries that are experiencing challenges, the most notable being transportation.

Finally, Pastoll was asked if Loop had contemplated ever having to deal with a high interest rate environment back when he founded the company almost nine years ago. Pastoll explained that his whole inspiration for founding Loop in the first place was to help small business owners precisely during difficult times. Both of his parents were small business owners and he had watched firsthand how hard it was to find financing.

“Again, I just think about what my parents had to go through,” he said.

Amazon’s Business Loan Program Relatively Flat, And The Company is Now Possibly the Largest MCA Broker?

October 29, 2023
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amazon truckAmazon’s seller lending program, in which the company extends working capital loans to Amazon sellers to buy inventory, has been somewhat flat this year. Its seller lending receivables in Q3 were unchanged from Q1, coming in at $1.2B. It had briefly gone up in Q2 to $1.3B.

Amazon rarely mentions its seller lending business which is but a blip compared to the $143B in net sales the company recorded in just the third quarter. Despite all this cash, Amazon relies on a $1.5B secured revolving credit facility with a lender in the same way many small business lenders do to facilitate this amount of loan volume.

deBanked has been tracking the company’s seller lending receivables balance since 2016.

Amazon’s separate merchant cash advance program is not counted as part of their selling lending program. Amazon partnered up with Parafin in November 2022 to offer MCAs to their clients. One consequence of that is that Amazon sellers talk publicly in the company’s Seller Central forums and this has been no exception. There, most mentions of Parafin have so far been less than flattering.

Much of the confusion reported by sellers is centered around the percentage collected from each sale. Unlike most MCA funding companies, which either withhold a percentage of card sales or debit a fixed daily amount that can later be trued-up upon request, Amazon was previously collecting its percentage “based on whether a seller had received any disbursements, automatic or manual, in the prior week.” However, that changed this past August, according to Amazon who published the following note in their forum:

Payment is deducted from your bank account based on your current Amazon disbursement schedule. If you receive disbursements weekly, payments for your cash advance will be deducted weekly. If you receive disbursements bi-weekly, payments for your cash advance will be deducted bi-weekly. In instances where Amazon sales data is delayed in reaching Parafin, Parafin combines the payment amount with the subsequent payment to avoid debits happening on unexpected days of the week. Sellers whose payments are impacted by these instances receive emails from Parafin detailing the expected payment dates and adjusted amounts.

“Your merchant cash advance will be paid off automatically over time as you make successive sales-based payments. Because your offer is determined in part by your past business performance, our estimate is that you’ll pay your merchant cash advance within the estimated timeframe stated when you accepted it. If your sales ramp up or slow down, your payment amounts (and therefore the estimated payment period) may ramp up or slow down with them. The payment rate itself will not change and is a fixed percentage of monthly sales.”


Although there is some irony to Amazon playing the role of MCA broker and MCA customer service, Amazon also refers its loan-interested sellers to Lendistry and Marcus by Goldman Sachs. All of this activity started late last year just as Amazon was on pace to max out its own credit facility with its own lending program. Since then, the company’s flat business loan receivable balance might suggest that Amazon’s seller financing business is actually growing, just not on its own balance sheet since its brokering the deals out.

So who’s the biggest MCA broker in the US? Amazon generated $514B in net sales in 2022. $1B in MCA deals wouldn’t be so hard for a company already doing about a billion a year in loans. It would be quite ironic to discover that the biggest MCA broker in 2023 was Jeff Bezos, but it’s a real possibility.

Addressing Misconceptions in the MCA Business

October 18, 2023
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frustratedNew to the MCA business? Think you got it figured out? Let’s visit some of the stranger beliefs and misconceptions I’ve encountered over the last year. (Not legal advice as I am not an attorney).

My broker/funding company’s legal address as recorded with the Secretary of State or courts is my personal information and no one is allowed to know it or share it on the internet.

False. The business address you place on file with governmental authorities or courts is generally available to the public. If you opt to use your home address as your business address, just know that it will be open to everyone to see and share. Additionally, starting Jan 1. 2024, any broker soliciting merchants that reside in Florida will have to take the additional measure of including their official business address in their marketing to the merchant. So no, you are not entitled to complete anonymity.

I can fund in all 50 states!

But can you though? If you offer loans, there are a number of state laws that govern the legality of that. If you offer MCAs, there are states like Virginia for which you are required to be registered by law (applies to both funders and brokers). There are penalties for not following the laws.

I don’t need any fancy systems to be a funder

Well you’re going to need something. In the not too distant future you will be required to comply with 888 pages of regulations governing how you can collect merchant data all while having to report the details of every single application you looked at in addition to every single deal you declined or funded to the federal government. You also have to explain the rationale for your decision in every instance. This includes MCA and yes it’s a law not a proposal. I hope you’re ready.

MCA is legal so I don’t need to worry about anything

There are legal precedents that guide what can or can’t be done with regards to the purchase of future receivables. Generally speaking (and please consult with an attorney), one’s right to collect is not absolute. See this recent case, for example.

I sent some deals out to some shady funders who have gone MIA and no longer take my calls. The funder is to blame and is bad

Most brokers who cry foul about no-name fly-by-night funders that offered swift approvals and high commissions only to be ghosted are quick to share that they were swindled out of a potential commission. No one likes to suffer through that. However, consider the legal risk now posed to yourself and your client with the information you’ve passed on. In a recent criminal case, an ISO managing merchant documents is alleged to have stolen their identities and obtained dozens of business loans in their names. So ask yourself on a scale of 1 – 10, how confident are you in the person/company you’re passing a merchant’s deal docs to that they will comply with all state and federal laws? Your commission might not be the only thing they steal and that creates legal hazard for you. For what it’s worth, he’s a good guy isn’t a great standard when it comes to legal due diligence.


As always, please consult a qualified attorney. If you are being solicited by a funder that has not sought any legal advice at all and is instead operating by the seat of their pants because they heard this was a good business, you should probably move on to someone else.