Story Series: texas
Vermont Follows Texas on Merchant Cash Advance Regulations
June 23, 2026“Certain automatic debts prohibited. A provider shall not establish a mechanism for automatically debiting a recipient’s deposit account unless the provider holds a validly perfected security interest in the recipient’s account under Title 9A, with a first priority against the claims of all other persons.”
Vermont has followed Texas with an identical automatic debit prohibition on sales-based financing. The new law, identified as House Bill 648, goes into effect on July 1, 2027. Technically it only applies on deals where the funding amount is less than $1 million. COJs are banned, APRs are required, and nobody can solicit a Vermont-based business with funding unless they have a lending license. The full language can be viewed here.
The Governor signed the bill into law on June 16, 2026. While this law copied some of the language enacted in Texas, its actual origins is from the Factoring industry that took full credit for the Texas law.
Concerned About The MCA Automatic Debit Law in Texas? This ACH Company Says There’s a Way
March 25, 2026
There may be no need to overcomplicate Merchant Cash Advance compliance in Texas. A key phrase in the MCA prohibition law that went into effect last year specifies that it’s a prohibition on “establishing a mechanism for automatically debiting a recipient’s account” unless a lot of other requirements are met.
One company looked closely at that piece of the language and came up with a simple solution.
“…our approach is to request the payment at each time and capture the authorization at the time of the transaction,” said John Innes, President of the Texas-based and aptly-named ACH Processing Company. “So instead of capturing an authorization at the beginning and embedding that into the documents where you’re going to do a recurring debit transaction to the merchant’s account, you are sending a request saying, ‘Okay, please authorize this payment.’ And so each payment is individually authorized so you don’t need that security interest [component] anymore.”
No automatic recurring debits. Instead there’s a Request For Payment that requires merchants to manually authorize debits on a debit-by-debit basis whether that be daily, weekly, or monthly, depending on whatever the agreed frequency is.
“I think this was maybe the intent of the law,” Innes continued. “It gives the merchant kind of that control over that debit and it fosters communication between the two parties.”
Innes said there’s various ways that this interaction can be conducted to reduce the friction of this process.
Other options proposed across the industry have focused on another piece of the language, that the prohibition is specifically meant for “commercial sales-based financing providers” and the proposed cure for that is to offer a non-sales-based financing product in the state instead. ACH Processing Company’s solution, however, allows an MCA funder to keep its product suite as-is.
“…you don’t have to break all that,” said Innes. “Continue with the same business plan. ”
Since the Texas law went into effect seven months ago, Innes says that numerous funders have still been in a holding pattern trying to figure out how to approach it. It’s their belief that this solution is a simple way to now get Texas turned back on if they’re ready.
No, Texas Did Not Ban Merchant Cash Advances
January 28, 2026
When Texas passed HB 700 last June, deBanked was among the first to point out that its most notable component was a prohibition on automatic debits of a recipient’s deposit account by a commercial sales-based financing provider unless they had a perfected first position. Some observers were quick to tell us that we had it all wrong, that MCAs had effectively been “banned” entirely and that we should have reported it that way. This was premised on a belief that perfecting a true first position on a recipient’s deposit account was a near-insurmountable obstacle (for MCAs that rely on ACHs instead of credit card splits) and thus a nuanced discussion of how to comply with the new law a moot debate.
But if the state legislature had intended to ban sales-based financing outright, it simply could have done so. Instead, it codified a framework for how to legally provide sales-based financing. It provided guidance on registration, disclosure, and oversight. And it even went as far as to say that the Finance Commission of Texas cannot “adopt a maximum annual percentage rate, finance charge, or fee for commercial sales-based financing transactions.” This was an incredible signal: No cost cap on sales-based financing.
The Texas Office of Consumer Credit Commissioner (OCCC) even held an open forum this past November to hear from impacted parties on the best way to craft and enforce the rules going forward. And so while they’re now busy promulgating those precise rules, collective minds have returned back to the original language surrounding that “certain automatic debits” are “prohibited.”
CERTAIN AUTOMATIC DEBITS PROHIBITED.
A provider or commercial sales-based financing broker may not establish a mechanism for automatically debiting a recipient’s deposit account unless the provider or broker holds a validly perfected security interest in the recipient’s account under Chapter 9, Business & Commerce Code, with a first priority against the claims of all other persons.
This language does not say that merchants cannot pay sales-based financing providers entirely. Others agree. deBanked spoke with one company, MCA Pay, which analyzed what the law says and they created a tool for merchants to pay sales-based financing providers in an orderly easy manner so that funders do not in fact have to automatically debit a recipient’s deposit account at all. Though there are some layers to how it’s done, merchants are, on their own volition, setting up a system to initiate payments to whichever funder they choose. They’re in control.
Far from theoretical, this methodology is already being used by merchants in Texas to pay sales-based financing providers, according to MCA Pay.
“We’re comfortable from a regulatory perspective, but I encourage everybody who uses this platform to run this by their counsel,” a representative said. “We’re putting the control back into the merchant’s hands.”
The two main partners at MCA Pay, Gavriel Kalfa and Moshe Klar, do not hail from within the industry, but they worked with experienced operators in the industry while building out the system. MCA Pay is not the payments provider or a law firm, they’re just the platform that loops the pieces together.
“Hopefully we’ve made a product here that’s going to allow MCA to continue in Texas compliantly for everybody,” they said.
Factor Gives Update on “Killing MCAs” in Texas
January 9, 2026Cole Harmonson, CEO of Dare Capital and a board member for the American Factoring Association, posted an update last month on the recent Texas MCA legislation and campaign to “fight the MCA cronies.” It appeared on the Commercial Factor’s magazine website. You can read it here.
Harmonson shared his strategy on how to kill MCAs in Texas, which focuses mainly on the DACA component of securing a first position: “If you get the Springing DACA, then the bank will not give anyone else (i.e., an MCA) a DACA, and therefore no MCA can legally sweep your customer’s account, thereby killing the MCAs in Texas,” he wrote.
Harmonson had previously shared that the factoring industry had been responsible for the MCA legislation in Texas and that it served as a “blueprint,” suggesting that a similar legal framework could be attempted in other states.
Funders Comply With New Texas MCA Law
September 2, 2025As Texas implements the prohibition on ACH debits made by sales-based financing providers, here’s a working list of how funders are acting to comply:
Bitty: offering fixed-term installment loan. (see announcement)
CFG Merchant Solutions: offering fixed-term installment loan. (see announcement)
Merit Business Funding: Exempt from the law due to being a subsidiary of Meridian Bank. (See announcement)
Spartan Capital: offering fixed-term installment loan. (See announcement)
LCF Group: offering small business loans. (See announcement)
Backd Business Funding: offering term loans through their partnership with FinWise Bank.
If you are a sales-based or revenue-based financing provider that is continuing to fund in Texas and would like to be added here, email sean@debanked.com
CFG Merchant Solutions is excited to announce the launch of a brand-new loan product offering for Texas, with plans to roll out to more states in the near future.
August 24, 2025NEW YORK, NY, 08/25/25 – CFG Merchant Solutions is excited to announce the launch of a brand-new loan product — a significant step in our ongoing mission to provide everyday working capital® for small businesses nationwide.
The rollout will begin in Texas on September 1st, with expansion to additional states planned in the near future.
This new offering will be structured as a fixed-term, installment-based loan. It will uphold the same customer-first approach and streamlined process that clients and partners have come to expect from CFG Merchant Solutions.
Additional product details and operational updates will be shared soon on our website and supporting social media channels.
This launch represents an exciting opportunity for CFG Merchant Solutions, our ISO partners, and the small business owners we serve.
For questions or clarification, please contact our team directly.
https://cfgmerchantsolutions.com/
PRESS CONTACT
Nick DeFeis
Head of Marketing
ndefeis@cfgms.com
Troutman Pepper Locke Podcast Talks Biz Financing and Impact of Legislative Changes in Texas and Louisiana
July 10, 2025Troutman Pepper Locke attorneys Carlin McCrory, Jason Cover, and Caleb Rosenberg talked small business financing, the recent changes in Texas and Louisiana, and what is likely to come next. The discussion took place prior to the Texas bill being signed by the governor there but provides insights on it that still apply.
You can listen to it here:
Texas Governor Signs Sales-Based Financing ACH Prohibition Into Law
June 21, 2025
Texas Governor Greg Abbott has signed HB 700 which prohibits a sales-based financing provider from automatically debiting any merchant in the state unless they are in a perfected 1st position. And not just a 1st position MCA, a 1st position above anything else at all. It doesn’t matter if the funder doing the debiting is located out of state, only that the merchant be located in Texas.
The law broadly encompasses purchase transactions (MCAs) or loans where the payments ebb and flow with sales activity (revenue-based finance loans). Companies with a special bank relationship are exempt from the law. The exemption applies to: “a bank, out-of-state bank, bank holding company, credit union, federal credit union, out-of-state credit union, or any subsidiary or affiliate of those financial institutions.”
The specific language detailing the prohibition is:
CERTAIN AUTOMATIC DEBITS PROHIBITED.
A provider or commercial sales-based financing broker may not establish a mechanism for automatically debiting a recipient’s deposit account unless the provider or broker holds a validly perfected security interest in the recipient’s account under Chapter 9, Business & Commerce Code, with a first priority against the claims of all other persons.
The full law goes even further than the ACH ban, the extent of which can be viewed here. The law goes into effect on September 1, 2025.
