What Would Barney Frank Say?

July 16, 2014
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While crowd funders navigate the JOBS Act and a possible revision to what constitutes an accredited investor, non-bank business lenders are raising eyebrows with sky high interest rates. Annual Percentage Rates (APRs) are reaching into the triple digits and critics are reaching for their megaphones to say something about it.

Unfortunately APRs don’t spell out the true dollar for dollar cost, a flaw pointed out by OnDeck Capital CEO Noah Breslow in regards to daily amortizing loans. In the June Access to Capital Small Business Panel, Breslow explained that a 60% APR loan could actually only cost 15% on a dollar for dollar basis over 6 months simply because of daily amortizing.

Still, the figures make for enticing headlines and it is to be expected that they will come under greater public scrutiny as time goes on.

In an opportunity I got to speak one-on-one with former Congressman Barney Frank in June, he offered some pretty interesting thoughts on the governance of business to business transactions.

Former Congressman Barney FrankFrank, who was the key author of the Dodd-Frank Wall Street Reform and Consumer Protection Act that was signed into law in 2010, was a longtime champion of consumer financial protections. But he sings a different tune when it’s all about business. Many people may not realize that he opposed the Durbin Amendment of the Dodd-Frank Act, the addition that placed caps and restrictions on debit card interchange fees. Federal restrictions on how much a business can charge another business? Not his thing…

Unsurprisingly then when I asked him if he’d be in favor of a federal cap on business loan interest rates, he sternly replied, “no.” He went on to say that he supported transparency in business loan transactions, such that the borrower should be easily able to identify the terms, but that the premise behind consumer loan protections was that consumers were less sophisticated.

Curiously, there are a few states that impose caps on commercial interest rates, making the regional landscape for high rate business lenders a little bit tricky. In a recent publication by financial law firm Hudson Cook, they spelled out federal laws that already govern business loans.

To date there has been no legislative activity related to merchant cash advance or alternative business lenders. If such discussion did arise though, it’s ironic to say that one of the most liberal congressmen of the last decade, a man who wrecked Wall Street, would stand to make an excellent champion of the alternative business lending cause.

I never thought I’d say this, but too bad the guy retired.

LendingClub Anti-Money Laundering: Too far?

July 16, 2014
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money launderingPerhaps as part of wider governmental banking pressure, p2p platform LendingClub has instituted a new controversial Anti-Money Laundering policy. The new rule is that you can only connect your investment account to 1 bank account for deposits. This isn’t a technical limitation since as of recent, you could update your bank information at any time. I regularly made deposits to LendingClub from 2 checking accounts but no longer can I do this.

What’s even weirder is that if you moved from 1 bank to another, you can’t even update the new correct information. You’re cut off. In such a situation, LendingClub offers a high tech alternative, mailing in a paper check from the new account. Why this is more acceptable I do not know.

In my call to LendingClub to complain, they were adamant that all such restrictions were necessary to prevent money laundering. Recalling the discussion now, I think the investment services rep used the term money laundering more than 20 times. Realizing that they wouldn’t budge, I asked if I could update my account information just one last time so that it reflected my main checking account. The answer was ‘no’, due to possible money laundering of course.

anti-money laundering policy

So what do you do if you changed banks?
LendingClub said fear not, at regular specified intervals which they cannot reveal, they will allow you to update your banking information. So if you need to update your account info, all you can do is check every day to see if the ban message has gone away. Only then can you update. Better make it a bank account you plan to use for the long haul.

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Could the move be due to governmental pressure in the banking and lending markets? I suspect it is.

How Did Kabbage Get Their Name?

July 9, 2014
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I actually always wondered this myself. Kabbage??? What??? In this short 3 and a half minute video interview with COO Kathryn Petralia she reveals a little bit about how the company started.

Industry Survey Results

July 6, 2014
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Curious what the general consensus is on a variety of issues? DailyFunder® polled business lending industry insiders and analyzed the results. Click below to expand the graph, check out the image, or scan the text beneath it:

DailyFunder Survey Results


Text version


#1 What’s a Merchant Cash Advance?
61% consider it to be strictly a purchase of future revenue.

32% believe it’s an ambiguous term that could be used to describe a purchase transaction or a loan


How much are you earning?
62% reported making at least $100,000 per year

Almost half of the respondents in that group claimed to be making more than $200,000 per year


Stacking
62% said stacking is OK in the right circumstances

19% said stacking is not OK

16% said stacking is the bane of the industry


Who’s earning more?
57% of respondents that were in favor of stacking make at least $100,000 per year

73% of respondents that were against stacking make more than $100,000 per year.


Trade show anyone?
78% would attend an alternative business lending/merchant cash advance conference.

4% flat out said they wouldn’t.


Do you have skin in the game?
58% of respondents have invested funds in a merchant cash advance directly or through syndication


Top influencer?
A substantial portion of respondents wrote in OnDeck Capital CEO Noah Breslow as the most influential person in alternative business lending or merchant cash advance


Is government friend or foe?
49% fear future regulations could hurt their business

25% do not fear future regulations


What do insiders want to read more about?

  • Regulatory issues
  • Ethics, best practices
  • Lead sources, lead generation, marketing strategies, sales guides
  • The future, evolving products, trends

This graph appears in the July/August print issue of DailyFunder® magazine. Not subscribed? Get it free!

Is Awareness of Alternative Lending Still Low?

July 4, 2014
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are borrowers aware?Prosper’s President Ron Suber and LendingClub’s CEO Renaud Laplanche have previously explained that there is still a large opportunity for growth because most people still don’t know non-bank lending options exist.

As cited on LendingMemo, Renaud Laplanche admitted the reason they are even considering an IPO is “to use it as an opportunity to raise awareness for the company.” He continued by saying that they don’t need capital so the purpose of their IPO aspirations “is a lot of free advertising.”

In casual conversations with business owners, friends, and new acquaintances I’ve asked if they’ve ever heard of merchant cash advance, p2p lending, or companies like OnDeck Capital and LendingClub. The answer is almost always ‘no’.

That means there is still a lot of work to do.

In this CNBC interview Funding Circle acknowledges that many business owners aren’t aware of alternatives and explains what makes them different.

Does Culture Make a Difference?

June 30, 2014
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I came across this video that describes the work culture of Kabbage, an Atlanta-based business lender. It’s strikingly different from the way many of the MCA and business lending companies in New York operate.

Though New York is well-known for its medieval dungeon-like office environments, especially for smaller companies just getting started, do it too long and you start to believe that offices are like that everywhere.

merchant

underground ISO

What do you think? Is the Kabbage work environment more conducive to productivity and growth?

Alternative Lending Advances: Go Ahead and Eat My Lunch

June 28, 2014
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Yesterday it was reported that the well-known peer-to-peer loan platform LendingClub had dubbed Morgan Stanley and Goldman Sachs to work on their IPO later this year. Going public would advance the legitimacy of the wider alternative lending industry and solidify its place in the mainstream.

The Wall Street Journal states, “As the most visible company in the growing space, Lending Club’s IPO will likely be watched carefully by a number of other firms such as OnDeck Capital Inc.”

Many folks have asked me if I syndicate and technically I do, just not in merchant cash advances. For one, that opportunity is largely reserved to brokers and institutional investors, neither of which currently describes me.

Instead I dabble in LendingClub-issued personal loans and I adhere to one major ground rule, I don’t lend to business owners.

While that rule might seem to stand in stark contrast to what I preach (support for alternative business lending), there is a reason I won’t do it on LendingClub’s platform:

lendingclub personal loan1. The rates LendingClub charges to business owners are too low (about 6-26% APR)
2. The terms are too long relative to the risk (3 or 5 year terms)

Earlier this year the Federal Reserve conducted a study that found “[p2p] loans for small business purposes were more than two-and-a-half times more likely to perform poorly.” They also acknowledged that “lending to small businesses is generally considered to be riskier and more costly because small firms have higher failure rates and are more vulnerable to downturns in the economy.”

Therein lies my dilemma, the risk that loans to business owners at those rates will result in a net loss. As a lender, I happen to be in the unique position of trying not to lose money. I know such thinking is greedy, antiquated, and close-minded but I welcome those with opposing philosophies to eat my lunch.

In a recent Bloomberg article, writer Pat Clark put the high interest business lending community on notice by touting Opportunity Fund’s 15% APR EasyPay business loans. Of course by booking an average of only 5 loans a month, their model is not built to scale. Compare that to for-profit alternative lender CAN Capital, whom has funded more than 55,000 small businesses since inception.

Opportunity Fund’s VP of Small Business Lending Marco Lucioni is quoted in the article as follows, “If you have taken out a merchant cash advance, I guarantee you that our refinance program will save you money and could even cut your payments in half.”

Their revolutionary system works for one reason, they are not a for-profit business. Opportunity Fund is a California-based charity. Less than two years ago Lucioni admitted to another Bloomberg writer, “EasyPay is a real loan, with a fixed simple interest rate that works out to be about 12 percent on an annual basis. At that rate, the nonprofit is not covering its costs.” He continued, “Opportunity Fund subsidizes the loans to keep them cheap.”

I have a difficult time with tidbits like “not covering costs” and “nonprofit organization”. As an individual lender on a platform like LendingClub I am forced to make a significantly less informed decision than the one Opportunity Fund is afforded. LendingClub only tells me simple things like credit history of the business owner, how much debt they have, and how much their monthly salary is. In short, I am not privy to the 2,000 data points that OnDeck Capital has at their disposal, a lender that charges significantly more than the California-based nonprofit.

If Opportunity Fund is substantially more informed and admittedly losing money at an annualized rate of 12%, why should I as an individual retail investor expect better results at the same or lower rate?

And just how short is Opportunity Fund coming up on covering their costs? Is it a lot or a little? It might not be outlandish to suppose that the break-even point lies in the 20% or 30% interest range… or even higher.

Above all, Opportunity Fund’s EasyPay loan program began in 2010, meaning there is no data on their performance in a recessionary economy.

This supports the case that in purely prosperous times, the odds of turning a profit on a 3-year loan to a small business owner at 12% or less is at best unfavorable. And when realizing that terms of 3 years and longer increasingly expose lenders to an economic downturn and higher loss ratios, I can only reach one conclusion; I cannot lend to small business owners at low rates over long terms and expect my investment to be safe.

To put this into additional perspective, prior to 2009, merchant cash advance companies believed they hedged the risk of economic uncertainty by limiting the amount of time their capital was outstanding to 6-9 months. They were wrong. The impact of a major recession was swift and devastating. The loss rate climbed so fast that many merchant cash advance companies declared bankruptcy.

For a time, the lesson learned was that 6-9 months of exposure was too long, not that it was too short. Indeed, 2010 and 2011 birthed an entirely new breed of merchant cash advance products, programs where capital exposure was limited to only 2-4 months. These products still exist today and are widely considered to be the profit center in the alternative business lending industry.

With the Great Recession far behind us, many new entrants to business lending have written off the long term risks. Suspiciously, default risk today has shifted from balance sheet lenders to peers, the crowd, and charitable donors.

LendingClub for example has no exposure to defaults as they are nothing more than a platform for investors and individuals like myself to lend to consumers.

Opportunity Fund is a subsidized nonprofit.

As you continue down the list of alternative business lenders, you’ll notice the trend is the same. Lower rates with longer terms offered by companies bereft of default risk. Curious, isn’t it?

Small business owners, journalists, and loan brokers tasked with securing the best terms for their clients are cheering this trend on. Who can blame them? It’s easy to get caught up in the excitement of technology-driven innovation and lower rates in a new world devoid of traditional banks. It’s absolutely a good thing for business owners. But today’s platform lenders dangle interest earning opportunities that beat savings account rates a hundred times over and sing a song that longer terms are in investors’ own interest. Are you willing to bear the risk they urge you to take?

opportunity fund

I participate in LendingClub’s platform loans. To date, I’ve contributed to more than 800 of them. But I refuse to believe that a long term business loan at 6% is somehow a good investment when a competitor is:

1. charging double while still losing money in a stable economy
2. has access to more underwriting data than me
3. a nonprofit

If OnDeck Capital has spent years of mathematical research to get short term business loan rates down to 54% APR on average, why should the average John Doe retail investor reasonably expect to do well on vastly longer term loans with substantially reduced rates?

As the alternative lending industry advances, they don’t want peers, the crowd, and donors to ask themselves that question.

It’s a “pay no mind to the man behind the curtain” scenario. That guy’s just somebody that had to bear the liability of his own underwriting decisions. They fixed that issue by making it your problem. Fund faster, earn less, ignore history, and extend terms over longer periods of time. What could possibly happen?

Eight years ago I got my start in the merchant cash advance industry as none other than an underwriter. I know a bad deal when I see one. They’re not as obvious to everyone else.

I’ve said it a million times and I’ll say it again, business lending is fraught with risk. Eat my lunch and you won’t live past dinner.

business lending risk

Is Larry King a Funding Spokesman?

June 25, 2014
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This commercial is making the rounds on TV and some folks are wondering if this is indeed Larry King. I think it is:

The commercial states that Larry King is a remunerated endorser of LendVantage and his face is all over their promotional materials like facebook.

Is it him? Follow the thread on DailyFunder.