Lebedin Kofman LLP

The main theme in almost every MCA lawsuit comes down to the question of whether the MCA lender is in fact transacting by purchasing the receivables of the business or whether they are providing usurious and unconscionable loans. Read on for more: https://lnkd.in/e7-Z-4wx

The Merchant Cash Advance lenders above are some of the more common creditors that we have encountered recently defending businesses against the extremely high interest rate so called MCA “purchase of receivables,” contracts. We consistently find Michael Scarpati, of Regent and Associates, which seems to be a debt collection law firm representing these MCA lenders in lawsuits brought against businesses across the country. Interestingly, the law firm seems to be operating out of Texas although all of the cases that we have seen brought are in New York. Read on for more. https://lnkd.in/e2GjbWFV

Merchant Cash Advances are well known to most businesses across the country over the last five to ten years as they have become an increasingly popular form of alternative lending. The pandemic may have been the cause of the surge in MCA lending given that traditional banks were unwilling to take risks on lending to small and medium sized businesses. Read on for more. https://lnkd.in/egbvchVN

After its recent win against MCA lenders a few months ago, the New York Attorney General has filed a new even more aggressive lawsuit against many more merchant cash advance companies that we commonly encounter and defend our business clients against including: Yellowstone Capital, Fundry, Delta Bridge Funding, Cloudfund, ABC Merchant Solutions, Advance Merchant Services, Business Advance Team, Capital Advance Services, Capital Merchant Services, Cash Village Funding, Fast Cash Advance, Fundzio, Green Capital Funding, HFH Merchant Services, High Speed Capital, Merchant Capital Pay, Merchant Funding Services, Midnight Advance Capital, Mr. Advance Capital, Ocean 1213, Simply Equities, TVT Cap Fund, TVT Capital HR, Thryve Capital Funding, WCM Funding, West Coast Business Capital, and World Global Capital. https://lnkd.in/e9ScnWzC

Merchant Cash Advances come by the dozen these days but one that we have encountered often especially in litigation is Kalamata Capital Group LLC. Read on for more. https://lnkd.in/eCjrSn5q

Although New York is still the most common venue for Merchant Cash Advance lawsuits, we have seen an increase of these lawsuits filed in other states. Texas, Virginia, Florida, Arizona, California and Utah are some of the other venues that we have seen MCA cases filed in. Utah is one venue in particular that we have seen a significant rise in volume. https://lnkd.in/e6vGa_33

Navient and Sallie Mae, who are still likely the largest providers of private student loans in the country are continuing collection efforts against the thousands of defaulted consumers in the country. However, the pace of collection and especially litigation to enforce on collection has dramatically decreased in the last few years from our perspective. Read on for more. https://lnkd.in/eTWtikT4

New York State Court Commercial Division Justice Andrew Borrok recently held, that the agreements in the Merchant Cash Advance case in front of him, People v. Richmond Capital Group LLC, were in fact usurious loans instead of so-called merchant cash agreements that has allowed MCA companies to charge interest rates above 200% and even 300%. https://lnkd.in/e7V2n3qG

JPMorgan Chase is a common creditor that we encounter when defending consumers and businesses in debt collection and judgment enforcement matters. The majority of cases are related to personal credit card defaults. These collection cases and lawsuits are primarily handled by Rubin and Rothman, a law firm that focuses on consumer debt collection matters. However, when dealing with business credit cards, lines of credit and loans, Chase will often retain Bonchonsky and Zaino, a litigation law firm, to pursue collection, litigation and or judgment enforcement. Read on for more. https://lnkd.in/e_VvnFTG

Connecticut may finally be moving to remove a common collection tactic that Merchant Cash Advance companies and their attorneys use in that state. Read on for more. https://lnkd.in/gJu4-iAH