Please ensure Javascript is enabled for purposes of website accessibility

Are Merchant Cash Advances a Scam?

Merchant cash advance scam

Table of Contents

When your business struggles, you may be tempted to find the quickest and easiest way to get working capital. But beware of financing options that sound too good to be true.

First phone
consultation is always free.

Merchant cash advances (MCAs) are one example of an option that business owners may turn to when they’re to get out of financial trouble. But are merchant cash advances a scam? Understanding what a merchant cash advance is, how it works, and how they’re repaid can help you understand why this route may be more harmful than helpful to your business.

What is a merchant cash advance?

A merchant cash advance is not technically a loan. A merchant cash advance company provides funding to a business owner in exchange for a portion of the business’s future sales. Traditionally, merchant cash advances were geared mostly towards retail businesses with mostly credit card sales. However, now merchant cash advances are available to most kinds of businesses.

How are merchant cash advances repaid?

Merchant cash advances can be repaid in one of two ways:

  • A percentage of your credit and debit card sales: In this option, the servicer automatically withdraws a certain portion of your sales until the advance is repaid in full.
  • Fixed daily or weekly withdrawals: In this option, the servicer takes a fixed amount from your business bank account on a daily or weekly basis, plus fees, until the balance is paid in full. These are known as Automated Clearing House withdrawals.

Because merchant cash advances are not technically a loan, they are not regulated like loans. As a result, the most important aspect to note is that merchant cash advances have factor rates rather than interest rates.

Like an interest rate, a factor rate is based on the borrower’s risk assessment. The higher your risk as a borrower, the higher your factor rate. Factor rates generally range from 1.2 to 1.5. But that’s not a percentage. Instead, you multiply the merchant cash advance amount by the factor rate. For example, if you take a $50,000 advance with a 1.4-factor rate, you will pay $70,000, including $20,000 in fees.

Why should you avoid merchant cash advances?

In determining whether merchant cash advances are a scam, it’s important to examine the drawbacks of this financing option closely.

High APRs

With traditional loans, the government can set a cap on interest rates. Merchant cash advances are not technically considered a loan, meaning they are not impacted by such regulations. The business’s sales, the fees charged, and the time it takes to repay determine the APR. As a result, APRs can actually rise into the triple digits. In contrast, traditional bank loans generally have an APR of around 10 percent.

Trapped in a debt cycle

Merchant cash advances may be considered a scam because of their ability to trap business owners in a debt cycle. Because of how expensive MCAs can be, business owners may need to take on more financing to pay off the original MCA. If you’re struggling to qualify for other funding options, you may end up taking out another MCA. This could put a major strain on your cash flow and make it difficult to keep up with your bills.

Confusing contracts

MCA companies also often use predatory lending tactics that are common for scammers. The companies will intentionally write contracts with obscure and confusing language. Additionally, MCA companies won’t disclose APRs, making it difficult to calculate the actual cost of the advance.

Confession of judgment

Many MCA contracts also require you to sign a confession of judgment. A confession of judgment means you have given up your rights to defend yourself if the company takes you to court.

What are some alternatives to merchant cash advances?

A merchant cash advance may not be the best option for your business. But you do have other routes you may be able to pursue to help you out of your jam:

Small business loans

If possible, traditional small business loans from a banking institution or the Small Business Administration are a favorable option for those that can qualify. Small business loans generally have much more manageable interest rates and repayment schedules than MCAs.

Loans from online lenders

If you’re struggling to qualify for traditional business financing options, some online lenders may be able to help. Online lenders may offer options specifically for business owners with less-than-stellar credit scores. Some of these options may still be challenging for small business owners, with APRs creeping up to 99 percent. However, this may still be a better option than an MCA. They will be less costly.

Additionally, many online providers report your payments to the credit bureau. As a result, you will build business credit. This can then help increase your chances of qualifying for future business funding options.

Debt settlement

Turning to a financial professional like a debt attorney can also be a great option. A debt attorney can help lead you in the right direction, which may include debt settlement. Debt settlement involves negotiating with your creditors to pay less than you owe.

The Bottom Line

Merchant cash advances can seem tempting because of the speed and ease in which your business can receive funding. However, the cost, predatory lending practices, and the potential to be trapped in a debt cycle with MCAs often do more harm than good for struggling businesses.

If your business is struggling with debt and you don’t know where to turn, Tayne Law Group, P.C. is here for you. Our team of debt professionals can help you get your business back on the road to financial freedom. Call us for a free consultation at 866-890-7337 or fill out our short contact form and we’ll get in touch!

Money moves to help you stay on track

Sign up for monthly updates, articles, money advice, and timely topics to keep your finances on track.

Subscribe to our newsletter! 🚀

Related Posts

How to remove a ucc filing

How to Remove a UCC Filing

UCC filings are common practice, especially among small business lenders and merchant cash advance providers. This document establishes a lender’s legal interest in collateral used to secure a business loan. A UCC lien can help your business qualify for financing, but it can present some challenges, too. So, it’s important to know how to remove a UCC […]

Read Now

What is debt relief?

Debt relief is an umbrella term representing many solutions that may lower your debt.
What kind of debt do you have?

Need other debt help?

If you’re dealing with a lawsuit, judgment, frozen bank account, notice of wage garnishment, lien, or simply feel out of control of your debt–you are not alone. Give us a call or schedule a free consultation. We’ll help you understand what’s going on and find the best possible debt solution.

Why people choose Tayne Law

A debt relief law firm

Profile-3-scaled.webp

Personalized
Program

Every situation is unique. We’ll work with you to find a solution that resolves your debt and frees up your cash flow.

bank-1-scaled.webp

No-billing
Policy

You make one low monthly payment and will never get an unexpected bill.

Certify-2-scaled.webp

Experienced NY Debt Attorneys

We have more than 20+ years of experience providing clients with debt relief.

Handss-2-scaled.webp

Work with
Creditors

We work with all creditors, whether you’re dealing with a collections firm, a national bank, credit union, or another lender.

Shield-4-scaled.webp

Confidential &
Trusted

As a law firm, our attorneys follow strict client confidentiality. Our services are discrete and effective.

Request a Free Consultation

Your initial phone consultation is free and requires no committment!
A team member will respond within 1 business day.

Request a Free Consultation

Your initial phone consultation is free and requires no committment!
A team member will respond within 1 business day.

tayne icon on cartoon letter in enveloper

Message Sent!

A Tayne Law team member will respond within
1 business day.