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Stories

“Predatory Lenders” Slammed as Bill to Ban Confessions of Judgment Nationwide Advances

November 14, 2019
Article by:
Rep Nydia Velázquez and Michael Bloomberg
Above: Rep Nydia Velázquez and Michael Bloomberg | Brooklyn, 2011
(Bloomberg is majority owner of Bloomberg News parent Bloomberg LP)

Rep. Nydia Velázquez (D) celebrated the advancement of a bill on Thursday that aims to outlaw confessions of judgment (COJs) in commercial finance transactions nationwide. HR 3490, dubbed the Small Business Lending Fairness Act, made its way through the House Financial Services Committee on a vote of 31-23. The next step will be a floor vote.

Velázquez made direct references to a Bloomberg News story series published last year about “predatory lending” and a NY Times article about Taxi medallion loans as her basis for supporting it. Velázquez said that New York had become a breeding ground for “con artists” that relied on COJs to prey on mom-and-pop businesses. The congresswoman singled out New York because of recent taxi medallion loan outrage and the state’s alleged reputation as a “clearing house” for obtaining fast easy judgments against debtors nationwide. New York took a major step to change that practice earlier this year through a new law that only allows COJs to be filed in the state against New York residents. HR 3490 seeks to prevent them from being filed in every state, including New York.

Senator Marco RubioIronically then, the bill is at odds with the new New York law in that Velázquez’s bill, if it became federal law, would go so far as to prevent New York’s own courts from entering a COJ against New York’s own residents, if it resulted from a commercial finance transaction.

While momentum in the House could be perceived as a partisan initiative unlikely to survive the Senate, the bill has in fact garnered a degree of Republican support, recently through Rep. Roger W. Marshall, a co-sponsor of the bill, and originally by Senator Marco Rubio who initially sparked the call to action in the Senate last year.

A co-author of the COJ-centric Bloomberg News stories was quick to take the credit for the advancement of Velázquez’s bill.

Revenue Advance Searches Up, Small Business Loan Searches Down

September 8, 2015
Article by:

Back in early 2013, I explored the popularity of Google search phrases related to the industry. At the time, keyword phrases such as merchant cash advance were on a downswing after reaching their peak back in September 2008. Oddly, the keyword hasn’t been able to match the popularity it had seven years ago, but it is on the way back up.

Other keywords are just about dead, but perhaps most interesting of all is that small business loans has been declining consistently for about ten years straight, though it appears to have tapered off a bit.

Take a look:

three additional terms: merchant loans, ach loan, merchant financing

Hanna Kassis of Oarex Capital Markets noticed that the term Revenue Advance is at an all-time high. You can read his thoughts about that here:

What the Election Means for The Merchant Cash Advance Business

November 1, 2024
Article by:

David Roitblat is the founder and CEO of Better Accounting Solutions, an accounting firm based in New York City, and a leading authority in specialized accounting for merchant cash advance companies. To connect with David, email david@betteraccountingsolutions.com.

american flagsAfter what feels like years, next week the United States of America will finally vote in our next president and get a break from the incessant political chatter…until it all resumes the next morning.

While the implications of this election are obviously enormous in a whole number of arenas, most significantly for us the repercussions of who we elect will have a major effect on the merchant cash advance business. With President Donald Trump and Vice President Kamala Harris proposing very distinct visions for their economic and regulatory agendas, MCA businesses will need to respond to who wins and adjust accordingly.

Here’s a closer look at how the upcoming presidential election might affect the merchant cash advance industry.

1. Tax Policies and Business Borrowing

Trump has promised to extend the Tax Cuts and Jobs Act (TCJA) and further reduce corporate taxes to 15%. This could increase small business profitability, which might lead some companies to rely less on MCA services, opting instead for more traditional financing solutions. However, businesses could still need short-term capital for expansion or to take advantage of new tax incentives, keeping MCA demand steady.

Harris’s administration is expected to take a different approach, focusing on progressive tax policies that could increase the tax burden on corporations and high-income earners. In such a scenario, businesses may experience tighter cash flows and turn to MCAs for quick injections of capital to meet operational needs.

2. Regulatory Climate and Business Sentiment

The regulatory environment will play a major role in shaping MCA activities. Trump’s platform emphasizes deregulation, which could reduce compliance costs and encourage entrepreneurship. With fewer regulatory hurdles, more entrepreneurs might be empowered to take a chance to open their dream businesses and seek short-term financing to fuel growth.

In contrast, Harris is likely to advocate for stronger oversight across industries, which could introduce stricter regulations for MCA companies. Increased compliance requirements would raise operational costs and change how they do business, forcing MCA firms to adapt quickly to remain competitive.

3. Tariffs and Supply Chain Impact

Trade policies are another critical area that will shape demand for MCA services. Trump’s proposed tariffs, such as a blanket 10%-20% on imports, would disrupt industries that rely heavily on global supply chains. Businesses affected by tariffs might seek cash advances to cover working capital needs as they adjust to higher costs and delays. While their loss is our industry’s gain, MCA providers could face greater risks if these businesses struggle to manage cash flow, increasing the chance of defaults.

If Harris focuses on stabilizing international trade through alliances and regulatory frameworks, businesses might experience more stable operations. However, as mentioned earlier, her compliance-related policies could still push some companies to seek short-term funding, keeping MCA services relevant in certain sectors.

4. Interest Rate Policy and Capital Costs

The election will also influence interest rate policy. Trump has criticized the Federal Reserve’s recent actions and indicated that he would like to replace its leadership. If this shift results in looser monetary policy, the cost of borrowing money will decrease, prompting more businesses to take loans from traditional banking institutions instead of MCAs.

On the other hand, if interest rates remain high, businesses may find it harder to secure bank loans. Under these circumstances, MCA services—known for quick access to capital—remain attractive to small businesses facing cash flow challenges.

5. Changes in Consumer Spending and Business Revenues

Both candidates’ economic plans will shape consumer behavior, which directly affects small business revenues—the core market for MCAs. Trump’s focus on reducing taxes and expanding domestic energy production may increase consumer spending in the short term, benefiting retail businesses that rely on discretionary income.

Meanwhile, Harris’s potential focus on healthcare, education, and environmental programs could favor businesses in those sectors. MCA providers may see shifts in their client base, with certain industries flourishing while others experience slower growth. These shifts will influence which businesses turn to MCAs for operational funding or growth capital.

Essentially, Trump’s pro-small business, pro-tariff and pro-deregulation positions would be a major boon for MCA businesses. Harris is expected to call for more taxation, more governmental oversight and compliance ordinances, and stifle economic progress in pursuit of a more “equitable economy”. As the political landscape evolves, being prepared for these changes will be key to thriving in the post-election MCA business environment.

Walmart Now a Direct Funder in the Merchant Cash Advance Industry

September 15, 2024
Article by:

Ready to enjoy easy access to cash advance funds and flexible financing options? Fuel your growth on Walmart.com with our suite of options.

Walmart.com


WalmartWalmart, which made headlines recently with third party MCA funders Parafin and Payoneer, is now funding MCAs directly as well. The new programs, known as Capital by Walmart and Capital for WFS (Walmart Fulfillment Services), were recently placed on its Marketplace page. Capital by Walmart promotes the program as being “1 flat fee” and “Repayment deductions based on your future sales.”

An explainer video that went live on August 1st says that they can fund you themselves or fund you through third parties. Video here:

Further, Walmart’s site states that for their in-house funding, they collect from merchants via their Marketplace payouts each settlement cycle. “In case of insufficient funds in the settlement account, we may debit your bank account,” it says.

A Walmart MCA is invite-only for the time being.

Walmart didn’t raise any mention of its funding programs or partners in its latest fiscal quarterly earnings report but did stress that Walmart Marketplace had grown by 32%.

OppFi Shares More About The Bitty Advance Deal

August 7, 2024
Article by:

oppfi homeOppFi, a publicly traded fintech with a $430M market cap, discussed its recent investment in Bitty Advance during its regular quarterly earnings call today. OppFi acquired a 35% stake in the company with the option to acquire a majority in 2027.

“This acquisition is intended to serve as the foundational piece of our new small business financing vertical,” said OppFi CEO Todd Schwartz. “Bitty is a credit access company that offers revenue-based financing and other working capital solutions. Bitty generates income through origination and service fee income and therefore does not have balance sheet or credit risk.”

Special mention was made about Craig Hecker, who is still the majority owner, and his great leadership.

“I’m personally looking forward to collaborating with Craig and helping him and his team take Bitty to the next level of profitable growth by leveraging OppFi’s expertise in data analytics, marketing and automation,” Schwartz said.

During the Q&A session, Dave Storms of Stonegate Capital asked Schwartz to elaborate on any exciting short-term synergies the deal might present for OppFi. This was his response:

Todd Schwartz: I think Craig is a talented operator and obviously someone who has a lot of experience in the small business space. We think the collaboration between our two companies is going to yield great results. To remind everyone, Craig has a business that currently is in origination, so he’s earning his income from origination and servicing. We think that has a lot of optionality. He also has a really good digital platform. We believe in this digitization of small business and think there’s a lot of growth there. I think when you take a lot of the things that we do well and the things that Craig’s doing well, there’s a lot of complementary skill sets.

And I think it’s going to yield great results. I think we’ve done a lot of research on the SMB market and we feel that there is supply/demand imbalance. And we feel that there’s ability to not only take market share, but as the addressable market continues to go online to search for working capital options, that there potentially is even growth in the total addressable market. So we’re excited. We think there’s some accretion to earnings that we mentioned in this year and then for the future but we feel really good about taking our time there. We’ve kind of started to talk about it for over a year and a half. And so I think we’re just happy that we’ve fulfilled on our and delivered on our promise that we’re going to create, that OppFi is going to create a brand that has best suite of best-in-class digital financial service products that address supply/demand imbalance and credit access. And we feel like we’re on our way. We have all the ingredients to be able to do that and will yield great results for us.

How Merchant Cash Advance Companies Can Avoid Problems This Tax Season

April 2, 2024
Article by:

David Roitblat is the founder and CEO of Better Accounting Solutions, an accounting firm based in New York City, and a leading authority in specialized accounting for merchant cash advance companies. To connect with David or schedule a call about working with Better Accounting Solutions, email david@betteraccountingsolutions.com.

taxesIn the fast-paced and ever changing world of cash advance, tax season can often present a labyrinth of compliance and reporting challenges. These challenges are not just bureaucratic hurdles that must be overcome; they also serve as crucial tests of a company’s financial health and operational integrity. Given the intense scrutiny the cash advance industry faces from regulatory bodies, particularly in light of recent industry shaking events, alongside the unique nature of how its financial transactions can be structured, ensuring tax compliance is not just advisable—it’s essential. Let’s discuss frequent speed bumps cash advance companies encounter during tax season, and some solutions for these problems.

Misclassification of Income and Advances

One of the most significant stumbling blocks for cash advance businesses lies in the misclassification of the funds they advance to customers. This misstep can lead to serious tax implications, distorting the financial understanding of a company in the eyes of the law. A robust accounting system that accurately differentiates loans, advances, and income is not just a recommendation; it’s a necessity. Each category must be meticulously reported for tax purposes, a task that underscores the importance of seeking guidance from a tax professional well-versed in the nuances and implications of these classifications.

Misreporting Income

A common oversight among cash advance companies is the inaccurate reporting of income. Whether it’s underreporting or misclassifying earnings, the repercussions can be severe, and include the possibility of triggering an audit or incurring a severe financial penalty. The remedy? An accounting software tailored for the funding industry (such as Orgmeter, MCA-Track, OnyxIQ, Centrex, or LendSaas), capable of automating the calculation and reporting all necessary metrics and income. This ensures not only compliance but also a transparent overview of a company’s financial health that benefits you as well.

State-Specific Tax Obligations

Just over 5 years ago, Wayfair was successfully sued by South Dakota for failing to tax online sales even though they had no physical presence in the state, beginning a new era of legal understanding of state tax obligations in the internet and cross-state trade era.The complexity of tax compliance is magnified for cash advance companies operating across state lines, each with its unique tax laws and regulations. This multi-state maze can easily lead to oversight or misunderstanding, risking non-compliance. The solution is twofold: developing a comprehensive compliance checklist for each state and consulting with tax professionals who specialize in navigating these multi-state operations. Together, these strategies form a bulwark against the many possible blind spots of state-specific tax obligations.

Documentation for Audits

Not having the correct documentation and record-keeping on hand can transform a routine tax audit into a nightmare scenario, and cause businesses to be slapped with heavy penalties and fines. To counter this risk, cash advance companies need to maintain meticulous records of all transactions. Experts often recommend businesses conduct regular audits, whether internal or external, to ensure these records are both accurate and will back you up when they are needed.

Planning for Tax Liabilities

Perhaps one of the easiest mistakes to avoid is not adequately planning for surprise tax liabilities. Without planning in advance and setting aside sufficient funds to cover these obligations, companies can find themselves in a precarious cash flow situation when taxes are due. A proactive strategy to counter that involves specifically marking off a portion of income in a dedicated account for unforeseen expenditures (tax liabilities included), calculated with an estimated effective tax rate. This approach, developed with the assistance of a tax professional, can prevent the unwelcome surprise of a hefty tax bill when you’re not ready for it.

At the end of the day, tax compliance, while definitely not fun, should not be viewed (just) as a regulatory pain-in-the-butt, but as a way to ensure a cash advance business’s success and longevity. By embracing proactive tax planning and compliance, companies can not only successfully navigate the complexities of tax season but also reinforce the integrity and sustainability of their business and ensure their success and viability for years to come, free from any stress or government microscope.

What Big Publicly Traded Companies Say About Merchant Cash Advances

March 13, 2024
Article by:

deBanked examined the public messaging from some of the largest publicly traded merchant cash advance facilitators in the US and this is what it found:

SHOPIFY

A merchant cash advance is a purchase of your future sales, also known as receivables. If your application for funding is accepted, then Shopify provides you a lump sum of money for a fixed fee. Under the Shopify capital agreement, this lump sum is known as the amount advanced, and the total to remit is the amount advanced plus the fixed fee. In return, you pay Shopify Capital a percentage of your daily sales until Shopify receives the total to remit. The percentage of your daily sales that you must remit to Shopify is known as the remittance rate. The amount advanced and the remittance rate depend on your risk profile.

For example, Shopify Capital might advance you 5,000 USD for 5,650 USD paid from your store’s future sales, with a remittance rate of 10%. The 5,000 USD amount that you receive is transferred to your business bank account specified in your admin, and Shopify Capital receives 10% of your store’s gross daily sales until the full 5,650 USD total to remit has been remitted. You have the option, at any time, to remit any outstanding balance in a single lump sum.

There is no deadline for remitting the total to Shopify Capital. The daily remittance amount in USD is determined by your store’s daily sales, because the remittance rate is a percentage of your store’s daily sales. The remittance amount is automatically debited from your business bank account.


DOORDASH

DoorDash Capital is a cash advance, not a loan. With a cash advance, the offer is based on your sales and account history, and includes a simple, transparent one-time fee that you’ll know before you decide to accept the offer. A loan operates using interest, which can compound over time, and often includes other fees in addition to the stated interest rate.

doordash capital


LIGHTSPEED

lightspeed


AMAZON

A [merchant cash advance is a] non-revolving sum of funding with flexible payment, no personal collateral required and no late fees. With flexible payment, no personal collateral required and no late fees, a merchant cash advance provides sellers funding to help run and grow their business. Unlike interest-bearing loans, the advance ties payment to a portion of a seller’s future sales for a fixed capital fee, there are no additional fees or interest charged.


NERDWALLET

Fixed withdrawals from a bank account
Merchant cash advance companies can also withdraw funds directly from your business bank account. In this case, fixed repayments are made daily or weekly from your account regardless of how much you earn in sales, and the fixed repayment amount is determined based on an estimate of your monthly revenue.


PAYPAL

A merchant cash advance is not a loan, but rather a type of financing that business owners pay back with a percentage of their future sales.


Lightspeed’s Merchant Cash Advance Business is Accelerating

February 8, 2024
Article by:

lightspeed commerce“Our capital business has grown—it’s doubled from over a year ago and we expect that trajectory to continue. And capital revenue comes in at a 95% gross margin,” said Lightspeed CFO Asha Bakshani in the company’s most recent quarterly earnings call.

Although Lightspeed is more widely known as a global e-commerce platform, analysts have been encouraging the company to ramp up its merchant cash advance business because of the considerable margins it produces. As such Lightspeed through Lightspeed Capital has been doing just that. And not just in the US. “We launched Lightspeed Capital in France, the Netherlands and Belgium this quarter, and Germany shortly after the quarter, expanding our global footprint for this high-margin offering,” said company CEO Jean Paul Chauvet.

Origination growth has been slow, however, because the company has been concerned with the potential impact it will have on its own available operating cash. This fear seems slightly overblown as Lightspeed reported having $750M in cash as of the close of the most recent quarter and said that merchant cash advance originations were responsible for using up only $8.3M in cash during the quarter.

Threads on deBanked


06-28-2021

Working Together to Make Funding More Profitable...
making funding valuable for mcas let’s face it – until the advances are reconciled, this is a tough business with high costs. however...




Found on DailyFunder:

11-30-2020

See Post...
e advances to secure the closing costs they charge and then dont pick up the phone. , , funder beware of these two companies they are a fraud ring and are under fbi investigation., , and this is why we need regulation in the industry because of crooks like these guys that send fake contracts and charge upfront fee's., , you have websites or phone numbers for these guys??...
11-30-2020

See Post...
e advance, velocity, , ysc, last chance, bitty, cooper, , bluevine, , you should try giving us (clearfund) a shot at your smaller deals, we specialize in these. (2k-30k)...
11-25-2020

Lenders/Funders List! Who am I missing?...
e advance, velocity, , ysc, last chance, bitty, cooper, , bluevine...