What’s Going on in California?

August 23, 2011
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The people have spoken! Many of our readers have sent e-mails wondering why we don’t have any coverage on the recent events in California. So here goes:

If you’re out of the loop, a nearly 3 year old lawsuit against one of the major Merchant Cash Advance (MCA) providers is coming to a close. Their name is not important, but it is a firm we revere still to this day. The story takes place in California, where a group of merchants in 2008 contested their Merchant Cash Advance was actually a loan, not a sale. In the other 49 states, MCA has been virtually undisputed for years but California law has shades of Gray.

There is one cardinal rule for making a loan in California and that’s to be licensed to do so. The case struck at the heart of what MCA is all about, a sale of future card payment receivables for a discounted price today. So why would a buyer of future cash flows need a lending license? The answer is not a short one and it was a heated debate that spanned 3 years.

It comes as no surprise that the end result was a stalemate. Both sides exhausted their time and energy until they called it quits with a settlement. Over $4 Million dollars will be paid to the legal team representing the plaintiffs. That’s big bucks for a group that was unable to prove over the course of 3 years the need for a lending license to conduct a sale.

While the affected merchants, attorneys, and the MCA provider are eager to move on, a particular California law firm seems to have grabbed the baton. As of early March 2011, at least 3 other MCA providers are now facing the same situation. We’ve seen the court filings and it’s essentially the same challenge and question of licensed lending.

However, when considering the absolute unlikelihood that these independent lawsuits would have come together at the same time without extreme goading by their class representation attorneys, we are highly suspicious of the motives behind them. The timing implies that merchants funded by MCA provider A, MCA provider B, and MCA provider C all approached the same law firm at the same time with the same problem. This may have been possible if each provider structured a deal in the exact same manner. Rather, each provider used different contract language and there is no commonality between them outside of the tendency to all describe their product as a “Merchant Cash Advance”.

We are therefore inclined to believe this law firm is taking the “throw shit at the wall and hope something sticks” approach. Keen to the $4 Million windfall to be reaped in the case described above, it is reasonable to believe these attorneys went searching for customers of all MCA providers and invited them to be plaintiffs in their frivolous suits. There’s no precedence that they’ll win, but there is for a settlement, and a settlement could mean millions of dollars in representation fees.  

Some of The Merchant Cash Advance Resource’s top connections can attest that this particular law firm spent a substantial amount of time surfing the net for all MCA providers in California. Using their web traffic analytics and tracing the activity to their domain name, it certainly appears they’re going shopping for “victims.” If we are right, expect more lawsuits from them in the next few months.

To add insult to injury, these events coincide with tough economic times. MCAs are widely celebrated as the easiest, most flexible financial option available to small businesses today. Over half a billion dollars was funded in 2010 alone. With the Federal Government struggling to do the same, it is troubling that a few slick lawyers are seeking to take the lifeline away.

Treasury offers funds to spur business lending

The SBA is in shambles, the unemployment rate is extraordinary, and banks are unwilling to lend. That’s not a great combination for America’s small business owner. Fortunately MCA providers have filled the gap. If steps are taken to discourage them from operating in California, millions of dollars will disappear from the state’s economy. That means less jobs, less sales, and less growth. And if that day should come, don’t point the finger at the Governor, The Federal Reserve, Obama, or the banks. You’ll be able to thank a few lawyers that robbed Californians for their own personal gain. The truth hurts.

– The Merchant Cash Advance Resource

http://www.merchantcashadvanceresource.com

1st Quarter 2011 Merchant Cash Advance Industry Preview

August 23, 2011
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Posted on April 3, 2011 at 7:52 PM

As a continuation of the massive popularity of our 2010 full year Merchant Cash Advance funding statistics, we are putting together data for the 1st quarter of 2011. It has not yet been finished but we figured we’d share some of our early findings.

Funding appears to be on the rise in almost every state

This is mainly due to increased output by AdvanceMe. They are literally pushing the industry’s figures forward and making up for some firms that have cooled off. First Funds’ (Principis Capital) figures have declined by a large degree and is not operating close to 2010 levels.

Surge in “Starter Advances”

1st Merchant Funding, the most well known provider of starter advances is making significant gains. This may be an indication of tighter underwriting for normal size advances, there being more applicants with terrible credit, or the result of business owners embracing the opportunity to start off small.

California

Funding volume in this state has fallen off a cliff. Our initial estimates show declines of somewhere between 20-50%. This most likely has to do with What’s Going on in California. Normally the most active State for Merchant Cash Advance (was 13% of the entire nation in 2010), a continuation or worsening of this trend will actually shrink the industry as a whole in 2011.  Of course the evidence of growth in the remaining 49 states tells the real story of the financial product’s success.

Stay tuned for the statistics…

– The Merchant Cash Advance Resource

www.merchantcashadvanceresource.com

Merchant Cash Advance Statistics for First Quarter of 2011

August 23, 2011
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The results are in! The Merchant Cash Advance Resource has researched and released funding statistics for the 1st quarter of 2011. Here’s what we found:

  • Funding in California is on pace to drop by a whopping 45% in 2011.
  • Funding is on pace to increase in the remaining states by about 2.5%.
  • The quantity of transactions is on pace to match 2010’s levels.
  • There are more small independent funding providers but the bulk of transactions are done by a few major veteran firms
  • An average deal funding size of $25,000 may not be appropriate. Most of the largest providers have ramped up “starter advance” operations, which normally involve transactions that range from $1,000 to $10,000. Therefore the average deal size is being averaged down and this will probably cause overal funding output in 2011 to be lower than 2010.

Take a look:

Merchant Cash Advance Statistics for First Quarter of 2011

– The Merchant Cash Advance Resource

www.merchantcashadvanceresource.com

How to Start a Merchant Cash Advance Company

August 23, 2011
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Originally published: 4/11/2011

One of our readers e-mailed us this question:

I would like to open a MCA company. What do I need and where do I apply ? Do I need permit, license or what? Where can I get the help and info?

– From: J.H.

=============

J.H.,

Are you looking to be the actual funding provider or a broker?

If you’re looking to be the provider, you should spend some time brokering the deals first. You need to get your feet wet and get the hang of what the business is all about. You will not the have the security that a bank has, such as collateral or a fixed payment schedule.

A summary of basic terminology and processes: https://debanked.com/apps/wiki/merchant-cash-advance-wiki

Here’s what other companies require and analyze: https://debanked.com/application%20process.pdf

You need to ensure that your contracts, agreements, applications, and marketing materials are consistent with the transaction being a purchase of future sales, not a loan.

Additionally, you don’t need to start a funding company from scratch. There are Merchant Cash Advance funding networks such as Colonial Funding Network that can provide everything you need, including systems, underwriting, and even a portion of the capital itself. You make the deal, they service the account.

We hope that helps.

– The Merchant Cash Advance Resource

www.merchantcashadvanceresource.com

Not an Expert in Payment Processing? Then Don’t Fund Merchant Cash Advances

August 23, 2011
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If you have no experience in underwriting payment processing accounts, don’t bother becoming a Merchant Cash Advance (MCA) provider. 

After a quick underwriting process, a MCA provider purchases Business ABC’s future card sales. Business ABC receives a lump sum of capital and a percentage of each card sale is now directed back to the MCA provider. Two weeks later, Business ABC loses a $2,000 payment dispute with a customer and suffers a chargeback. Unwilling to bear any additional risk, the payment processor terminates Business ABC’s account. Business ABC can no longer accept card payments. What does the MCA provider do?

Why did we hypothesize this scenario? Because this situation happens. The underwriting of a MCA doesn’t start with a credit score and end with a cash flow examination. The focus should be on the merchant’s future card payments. If the merchant’s ability to accept payments is at risk, then all the other factors aren’t worth diddly. You can have a client with 800 credit, processing consistent volume, have $50,000 in the bank at all times, and it just won’t matter. So what can go wrong? Your client’s funds can be frozen or their account closed in any of the following situations:

  • The merchant processes a sale that is outside their approved parameters. For example: A restaurant has a $50 average ticket with a maximum allowable sale of $300. During the holidays they book a catering gig and attempt to swipe a $3,500 sale. BAD NEWS.
  • The merchant is set up to swipe 95% of all card transactions but lately has been key-entering the card numbers nearly 70% of the time. BAD NEWS.
  • The merchant you funded owns a retail store. His brother has a landscaping business. Occassionally the landscaping business will swipe cards through the retail store’s credit card machine and the brother will pay him the proceeds. If a business accepts payments on behalf of another business…. then BAD NEWS.
  • The merchant has too many customers disputing charges. BAD NEWS.
  • The merchant has insufficient funds in the bank account to cover the month end fees to the payment processor. BAD NEWS.
  • The merchant processes payment far in advance of the services being rendered. BAD NEWS.
  • The merchant’s average sale size is in excess of $1,000. BAD NEWS.
  • The merchant swipes their own credit card through the terminal, effectively giving themselves a cash advance. This is illegal. BAD NEWS.
  • The merchant has no refund policy. BAD NEWS.
  • The merchant is processing with non-pci compliant equipment. BAD NEWS.
  • The merchant changes their business ownership structure or legal entity type. BAD NEWS.
  • The merchant takes payment for a prohibited item or service. BAD NEWS.
  • The merchant has a security breach. BAD NEWS.
  • The merchant violates any policy of their payment processor or payment network. BAD NEWS.

These are just a few situations that MCA providers need to be prepared for. One day everything is perfect and the next day their client’s ability to accept card payments is suspended or terminated. Historical statements can provide clues but anything can happen. A merchant with no chargeback history can have their account jeopardized with just one chargeback.

Alternative methods of collection such as direct debit and lockbox will be futile since they still depend on proceeds of payment processing. Simply speaking, if there are no more card sales, then you cannot recoup what you have purchased. And that’s the end of it.

It’s a risky business. MCA providers place an unbelievable amount of faith in their clients’ continuing ability to accept card payments. Rookies often comment that MCA providers are in a much better position to collect funds than a bank is on outstanding loans. This is outright false. A bank is entitled to payment no matter what happens to the business. Failure to pay a loan results in the reposession of collateral.

We have witnessed hundreds of MCA deals go south due to unforeseen payment processing issues. Being a funding provider may look attractive on paper, but if you think looking at the average sales volume, credit score, and cash flow history will get the job done, you’ll get smoked in this business. There’s a reason our site has two sections, Merchant Processing and Merchant Cash Advance. They go together. Don’t learn the hard way.

– The Merchant Cash Advance Resource

www.merchantcashadvanceresource.com

Get a True Merchant Statement Analysis

August 23, 2011
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Get a True Merchant Statement Analysis for Free!
Posted on April 23, 2011 at 2:24 PM

News update 4/23/11

deBanked is now offering a free merchant statement analysis for business owners. Confused by what you’re paying? Looking to negotiate your current costs down? Want a second opinion? We’ll do it for you!

* No pressure to change your merchant service provider (We don’t even provide merchant accounts)
* No need to share your contact information with us (We won’t share your information)

The Fork in the Merchant Cash Advance Road

August 23, 2011
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Originally Posted on April 25, 2011 at 10:48 PM
The Merchant Cash Advance (MCA) industry is growing, albeit slower than some may have you believe. But it’s moving in two opposing directions, a condition that’s making it tougher to describe the financial product itself in general terms. MCAs are becoming more expensive and a lot cheaper at the same time. HUH? You read that right.

Originally aimed at business owners with poor credit, the risk of default or delinquency was overcome by withholding a percentage of sales revenue directly. As the credit crisis and Great Recession took hold, it attracted businesses of all credit backgrounds and today it’s widely accepted as a lending alternative, rather than a solution to poor credit.fork in the road

As MCAs pushed forward to compete for customers normally accustomed to bank credit lines, the cost was stiffly resisted. These businesses had a tough time envisioning their financing terms to be anything outside of some percentage over the Prime Rate. Since a MCA is supposed to be structured as a sale, there is no APR equivalent, no timeframe, no amortization, nor any real familiarities of a loan. As the past couple years have passed, the product is more publicly understood, but for it to actually catch on, the costs had to come down. Many funding providers now refer to such high credit, low cost accounts as premium, platinum, preferred, gold, etc.

While the margins earned on high credit accounts shrank, funding providers were dealing with another challenge simultaneously, defaults. Whether the business owner intentionally interfered with their credit card processing or the store went out of business altogether, bad debt in the MCA world was mounting…FAST!

No matter which company ran the figures or how secret these portfolio statistics were, every funding provider came to the same realization. The lower the credit score of the business owner, the greater the chance of a problem. Why this came as any surprise, is a surprise in that of itself. The Fair Isaac Corporation (FICO) will have you know that any individual with a score below 499 has an 87 percent chance of being delinquent on a credit payment within the next 2 years. Delinquent, is defined as a payment of 90 days or more past due.

Chart Source

But wait… if a MCA is not a loan, nor does it depend on the business owner to make payments, then how can there be a risk of delinquency? Intentional manipulation of the revenue flow back to the funding provider can be relatively easy to do. A business owner could use spare POS equipment to accept card payments for which the funding provider is not aware of and therefore prevent the collection of funds. That’s a method known as splitting, and serious consequences can result when discovered. (Read more on what happens in the case of default or deliquency on a MCA in a previous article)

But outside the scope of malice, there’s the traditional reason, the inability to make payments. If the suppliers and wholesales aren’t being paid, then the business isn’t going to have inventory on hand to sell. If the rent isn’t being paid, then there’s not going to be any location to generate these sales. Essentially, the funding provider has a mutual interest in the business being able to satisfy ALL of their obligations, not just the MCA itself.

If there is an 87% chance that suppliers, landlords, or other essential creditors will not be paid on time in the next 2 years, then there’s an excellent probability that the business will be unable to operate at the same level. With no collateral as protection, the MCA industry has adapted to the challenge by raising the cost. Business owners with poor credit can expect funds to be expensive and the terms to be more restrictive. Lower funding amounts, higher withholding percentages, and the sacrifice of any negotiation is the price the MCA industry has set to make funding to the maximum risk group possible. These programs, which are now often referred to as starter advances, don’t work for everyone so the pros and cons should be weighed prior to executing a contract.

Both the premium advances and starter advances have experienced extraordinary growth to the point where they have become niches of their own. There are now starter advance companies and premium advance companies. Funding providers like Strategic Funding Source have taken the product a step further and reportedly did a MCA for an exhibit at the Tropicana Hotel in Las Vegas for $4 Million. Contrast that with deals that are struck for as little as $750. And we can’t fail to mention that some have taken it back to the basics, a loan. ForwardLine in Woodland Hills, CA lends money to businesses which are then repaid in accordance with a predetermined, fixed pace through the card sales. They have reintroduced concepts like APR back to the finance world.

If we continue at the current pace, MCAs will become less expensive, more costly, a lot bigger, and markedly smaller. We’ve come to the fork in the road for what the Merchant Cash Advance industry seeks to brand itself as. Loan alternative? First choice? Backup plan? Is it for smaller businesses or larger ones? Should it go the way of lending or continue to remain a structured purchase of future card sales? Is industry cohesion really necessary or will increased decentralization lead to greater acceptance of this financial product a whole? Will there come a time when America’s big banks swallow the industry up, buy out the existing portfolios, and add this product to their financing arsenals?

These are tough questions. Merchant Cash Advance is evolving, growing, and no longer moving in one direction. While we contemplate our next step, one thing is for certain, there’s no turning back.

– deBanked
www.merchantprocessingresource.com

Our Favorite Merchant Cash Advance Commercials

August 23, 2011
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Posted on May 7, 2011 at 1:23 AM

TV has never been a popular venue for Merchant Cash Advance (MCA) providers to advertise. There is a highly specific target market, small business owners that accept credit cards as a form of payment that are looking for funding, that simply reduces the cost effectiveness of mass media. Why pay to reach 100 people when 97 of them may not even fit basic criteria such as owning a business? It doesn’t make sense.

That doesn’t mean that TV or online video commercials for MCA don’t exist, they do. Unfortunately most of them tend to be poorly self-produced webcam miniclips that are so boring, they are more likely to turn someone away from the product, than to help anyone. No offense. But there are some providers that actually took the time, effort, and money to create something worth watching. Here are some of our favorites:

Does anyone else have one they’d like to share? We’ll be happy to show it off!

– The Merchant Cash Advance Resource

http://www.merchantcashadvanceresource.com