Sean Murray is the President and Chief Editor of deBanked and the founder of the Broker Fair Conference. Connect with me on LinkedIn or follow me on twitter. You can view all future deBanked events here.
Articles by Sean Murray
Why Your Deal Got Stolen
September 16, 2014
Back in April, I presented the idea of trigger leads coming to the alternative lending industry. In subsequent discussions about that blog post, many folks particularly in merchant cash advance questioned whether such a concept could possibly exist or would even be legal.
For those not familiar, this is the methodology behind trigger leads using a hypothetical scenario:
- OnDeck runs the personal credit of a merchant using Experian.
- Experian sells the contact information of that merchant to OnDeck’s competitors immediately after credit is pulled.
- Competitors solicit that merchant and convince them to go with them instead.
Again, the reaction I get to the above scenario by most people is, “yeah, right. I don’t believe that could happen.” But if you look at the raw amount of ISOs complaining their deals got stolen, it’s evident that perhaps there is something else brewing than just the usual assortment of rogue underwriters and shady funders.
Most ISOs are convinced that if their client is working with them and only them, that a shady business dealing has taken place if that client is randomly called out of the blue with the knowledge that they’re pursuing funding. To them, the only conclusion is that their deal got backdoored.
And while backdooring does seem to happen out there from time to time, another culprit may very well be trigger leads. Credit bureaus and big data aggregators are selling credit pull data in real time. UCC-1 leads are leads after the funding has taken place. Trigger leads are leads before the funding has taken place. But do they really exist?
Elsewhere in alternative lending, trigger leads are the backbone for how companies tailor their direct mail campaigns. If a consumer’s credit was pulled today by a mortgage lender, companies like Lending Club and Prosper will make sure that consumer receives a mail ad for a home improvement loan tomorrow.
Today at the Apex Lending Exchange conference in New York City, Ron Suber, the president of Prosper, referred to this trigger methodology as “getting to the right borrowers at the right cost.” In their sector, trigger leads are marketing 101. In merchant cash advance, it’s perceived as a pipe dream. Odds are that whoever is taking advantage of trigger leads in this industry would want to keep all the other players in the dark about it.
As much as you might hate to believe it, all of the backdooring paranoia that’s been rampant lately might actually be caused by the credit bureaus, not the funders. The lesson here is that as soon as your merchant’s credit is pulled, the clock is ticking until your competitors find out even if that merchant talks to nobody else.
I know ISOs want to believe that their merchant is only theirs, but in the age of advanced technology and big data, your merchant belongs to the cloud. As soon as your relationship with the merchant interacts with technology, somebody else will find out about it. And that’s why your deal got stolen.

Lending Club IPO: The Mirage of Diversifying
September 1, 2014Behold, the fool saith, “Put not all thine eggs in the one basket” – which is but a matter of saying, “Scatter your money and your attention”; but the wise man saith, “Pull all your eggs in the one basket and – WATCH THAT BASKET.
– In Pudd’nhead Wilson by Mark Twain
Is peer-to-peer lending really offering you a chance to diversify your portfolio?
Scores of investors just like myself are jumping on the Lending Club bandwagon. The returns are sweet and the concept has mass appeal. Like a gambler getting overconfident after a long winning streak, it’s easy to get caught up in the excitement.
I have tens of thousands invested in Lending Club loans at this very moment and I think it’s time to take a breather. Other people are in deeper, six figures worth, and then there are those who are placing their entire retirement savings in the hands of everyday borrowers.
Once IRAs and 401(k)s enter the picture, the situation gets serious…
Lending Club appeals to the diversity conscious with their seven risk tiers, A,B,C,D,E,F and G. A rated loans are deemed the least risky but charge the lowest amount of interest. G rated loans carry the most risk but carry interest rates in the neighborhood of 26%.
To diversify, you could spread your funds into all of them or at least across multiple tiers. You can also make many small investments of $25 as opposed to a few investments in larger sums.
Mirage?
In an excellent Bloomberg article, Matt Levine explains that investors on Lending Club’s platform are not really making loans to consumers, Lending Club’s bank is. They sell the loan to Lending Club and Lending Club creates a note and sells it to you. The borrowers owe Lending Club money and Lending Club owes you money. Your relationship is with Lending Club, not the borrowers, and therefore the entirety of your investments however seemingly diversified, are really in Lending Club itself.
A few months ago I wondered if it made sense to buy Lending Club stock over buying their notes.
The note prospectus explains “the Notes are unsecured and holders of the Notes do not have a security interest in the corresponding Loan or the proceeds of the corresponding Loan.” This means these loans are not collateral if Lending Club goes south.
If the company were to file for bankruptcy, you would need to add yourself to the list of unsecured creditors. As stated, “if LendingClub were to become subject to a bankruptcy or similar proceeding, the holder of a Note will have a general unsecured claim against LendingClub that may or may not be limited in recovery to borrower payments in respect of the corresponding member loan.”
Unsecured note holders are still better off than common shareholders in the event of a bankruptcy, but that assumes that the borrowers are still paying their loans.
What if they weren’t? Or worse yet, what if they didn’t have to pay them?
One basket
Lending Club’s S-1 warns of major dangers. “Additional state consumer protection laws would be applicable to the loans facilitated through our platform if we were re-characterized as a lender, and the loans could be voidable or unenforceable,” it says. “In addition, we could be subject to claims by borrowers, as well as enforcement actions by regulators.”
If Lending Club is at some point re-characterized, your portfolio would be killed off instantly. Your eggs however well diversified are in the Lending Club basket. Such a situation happened in a closely related industry where a merchant cash advance company was challenged to be a lender in disguise. In 2008, a class action lawsuit was brought against AdvanceMe Inc in California. The case was settled but AdvanceMe could no longer collect payments and they actually had to give a lot of the money they had already collected back.
In a Lending Club nightmare scenario, note holders could potentially be forced to forfeit any principal and interest they’ve already collected in the event of a harsh judgment or settlement. If Lending Club is only obligated to pay what’s collected to note holders, then what if they’re told give it all back to the borrowers? It’s a nightmare scenario indeed.
Sleep tight
If the goal is to invest in consumer loans, you should spread your investments around. Put some in Lending Club, some in Prosper (their #1 competitor), and at least another. More importantly, don’t invest all of your money in peer-to-peer lending companies or consumers loans as this is not diversifying either. Peer-to-peer lending should be just one component of your overall investment strategy. Stocks, bonds, CDs, and even FDIC insured savings accounts should round out your holdings.
The Lending Club IRA and 401(k) program is wildly risky at best. Would you invest a significant portion of your retirement savings in the hands of just one company? I considered it for a second…
And then I took a deep breath.
The Lending Club IPO has been labeled an awareness event. Millions of people will be learning about it for the first time through the publicity of a stock offering. If you do decide to put some eggs in, WATCH THAT BASKET!
AmeriMerchant’s CEO David Goldin shared his own thoughts on the IPO on Bloomberg TV:
Industry Takes ALS Ice Bucket Challenge
August 24, 2014Have you been nominated to take the ALS ice bucket challenge yet?
Kabbage below:
Their video made the local Atlanta news.
OnDeck in Times Square NYC:
Noah Breslow, their CEO also did it:
Funding Circle:
PayPal
Coincidentally, in the industry’s 2012 fantasy football competition for charity, league winner Sure Payment Solutions chose to donate all funds raises ($7,100) to the ALS Association.
Whether you get nominated or not, you can donate at http://www.alsa.org/.
Feel free to tweet @financeguy74 if you or your company accepted the challenge. 🙂
IFA Tells Merchant Cash Advance Companies to Get Lost
August 22, 2014On June 27, 2014, the International Factoring Association (IFA) and the American Factoring Association (AMA) publicly announced their decision to ban merchant cash advance companies from obtaining memberships. The nature of just how public that announcement was is questionable since nobody in the industry seemed to be aware of it, including a dozen plus merchant cash advance companies who have been longtime members of the IFA.

The timing of the ban is leaving a few companies unsettled since it was announced immediately following the IFA’s annual factoring conference in which merchant cash advance companies not only exhibited but were also amongst some of the event’s featured speakers.
To illustrate just how awkward the timing was, the IFA had just begun to thank everyone for attending the conference in the May/June issue of their magazine and in practically the same breath revealed that all merchant cash advance companies were banned going forward:
The IFA annual conference has grown to become the number one industry event for the factoring and receivable finance industry. The IFA convention is now the largest and most relevant event of the year, and as the attendees of San Francisco conference can attest to, it has become the must attend event of the year. Thank you to everyone that attended and helped the IFA achieve this unprecedented growth.
… … …
Due to the number of complaints that have been received, both the IFA and the AFA have voted to bar Merchant Cash Advance companies from membership in each organization. The boards of both associations felt that the model for this type of financing has changed and that there are a number of MCA companies that are not operating in an upfront manner. Given that the goal of both organizations is to assist the factoring community, we found it best to dissociate ourselves from this type of financing.
It is unclear if the IFA’s current merchant cash advance members were immediately terminated or if the rule only applies to new applications going forward. This is especially confusing since the feedback we’ve gotten from their members so far is that nobody knew this had even taken place.
Hopes for a peaceful breakup between the two industries has possibly weakened after a story was spotted in the July/August issue of the IFA’s Commercial Factor magazine aimed at attacking and discrediting merchant cash advance companies.
The article by factoring attorney Steven N. Kurtz alleged that tortious interference, regulatory scrutiny, and rampant disorder were reasons to steer clear of merchant cash advance companies. A more detailed breakdown of his arguments can be found on dailyfunder, but it fails to mention the way he concludes the story:
At the moment, there seems to be too many new players in the merchant cash advance industry, with no experience and loose underwriting standards. There is likely going to be a shakeout because the industry segment has a high default rate and investors who lose money will lose their appetite for the deals. Before the market corrects itself, the factoring industry will have to ride out the storm by adjusting their business practices to effectively compete.
Did you catch his last sentence about riding out the storm? He’s saying to adjust, hold on, wait for a shakeout, and hopefully business for factoring companies will go back to normal. The reason it’s not normal now is because merchant cash advance companies are killing them competitively.
I guess if you can’t beat ’em, ban ’em? They should’ve just said that was the reason from the beginning…











I’m in a unique position to discuss OnDeck. I started my career in this industry before they even existed. I’ve competed against them as an underwriter at a rival firm, worked with them as a referral partner when I was in sales, and covered them in my capacity as Chief Editor of an industry 
It’s a debate that continues even to this day and yet OnDeck has secured hundreds of millions in investments from companies like Google Ventures, Goldman Sachs, Peter Thiel, and Fortress Investment Group. Their notes got an
and take on profitability second. In their case, it’s not eyeballs or site visits, it’s loan origination volume.
Through it all, there remains the fact that OnDeck has never claimed their methodologies to be profitable, at least not yet. Red ink at IPO time might reward their detractors with a certain delicious satisfaction, but what will they say if and when they become profitable?
OnDeck’s critics are in a paradoxical position because a successful IPO is good for them too. They want to believe OnDeck’s model never worked, can’t work, and have it be proven a failure. But if it goes the other way, the legitimacy of the daily funder universe will be solidified in the mainstream. What’s good for the goose is good for the gander.
It’s not said often, but it has been suggested by some players in the merchant cash advance industry to introduce sales licensing requirements. Anybody can sell and broker MCAs or alternative business loans,
Now that three years have gone by, the Green Sheet is attempting to answer this question: 
Earlier today on a large group conference call with Tom Green and Mozelle Romero of LendingClub, I learned a few more details about their business loan program. In the Q&A segment, one attendee came right out and asked if they believed their competition was merchant cash advance companies and online business lenders.
Market Size
In 2013 the MCA industry experienced what many insiders dubbed the summer of fraud. Spurred by advances in technology, small businesses were applying for financing en masse while armed with pristinely produced fraudulent bank statements. Fake documents overwhelmed the industry so hard that today it is commonplace for underwriters to verify their legitimacy with the banks. This is done manually or with the help of tools such as Decision Logic or Yodlee. 


























