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New York Attorney General Brings $1.4 Billion Lawsuit Against Merchant Cash Advance Lenders

By Moorari Shah, A.J. Dhaliwal, Mehul Madia & Beineng Zhang on March 8, 2024
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On March 5, the New York Attorney General filed a lawsuit against a network of over 30 lending companies and their officers alleging their involvement in a predatory “merchant cash advance” lending scheme that exploited New York businesses through fraudulent loans at “sky-high interest rates.” 

Merchant cash advances are a type of alternative small business financing where lenders advance funds to businesses in exchange for a percentage of the businesses’ revenue. Typically, a merchant cash advance company will make daily withdrawals from the business’s bank account until the repayment obligation has been met.

Here, however, the lenders collected payments at a fixed daily amount, which they debited directly from the merchants’ bank accounts over a short 60 or 90 day repayment period. While the lenders promised to “reconcile” these daily payments to make sure they did not exceed the agreed-upon percentage of the borrowers’ receipts, they allegedly used fraudulent measures to ensure borrowers never qualified for those refunds. Accordingly, the transactions were not merchant cash advances, according to the AG, but short-term loans with interest rates as high as 820% per year. In addition, the lenders allegedly obtained court judgments against the merchants, collecting on unpaid debts. The AG requests injunctive relief and at least $1.4 billion in damages and restitution, including the return of interest and fraudulent fees to impacted small businesses.

Putting It Into Practice: As previously discussed here, the New York AG and the New York Department of Financial Services are laser focused on consumer protection issues. Nonbank lenders should exercise extra caution in ensuring that their practices (e.g., pricing and fees, disclosures, advertising materials, and collection practices) are not viewed as “predatory” by regulators and compliant with state and federal law. 

Photo of Moorari Shah Moorari Shah

Moorari Shah is a partner in the Finance and Bankruptcy Practice Group in the firm’s Los Angeles and San Francisco offices.

Read more about Moorari ShahEmail
Photo of A.J. Dhaliwal A.J. Dhaliwal

A.J. is a partner in the Finance and Bankruptcy Practice Group in the firm’s Washington, D.C. office.

Read more about A.J. DhaliwalEmail
Photo of Mehul Madia Mehul Madia

Mehul Madia, special counsel in the firm’s Washington, D.C. office, provides deep consumer finance and fintech expertise to clients, leveraging more than 15 years’ of public and private sector experience.

Read more about Mehul MadiaEmail
Photo of Beineng Zhang Beineng Zhang

Beineng Zhang is an associate in the Finance and Bankruptcy Practice Group in the firm’s Orange County office.

Read more about Beineng ZhangEmail
  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Consumer Finance and Fintech Blog
  • Organization:
    Sheppard, Mullin, Richter & Hampton LLP
  • Article: View Original Source

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