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Ohio MCA Defense Lawyers Provide Expert Assistance

Businesses in Ohio dealing with merchant cash advance (MCA) debt have an ally – specialized MCA defense lawyers. These legal experts understand the complexities of MCA agreements and can provide knowledgeable guidance. Our firm, located at https://www.delanceystreet.com, has extensive experience assisting businesses seeking MCA debt relief.Though not technically loans, merchant cash advances can sink businesses struggling to keep up with payments. Let’s discuss the pros and cons of MCAs, legal defenses against predatory practices, and how our legal team can help.

How Merchant Cash Advances Work

• MCAs provide quick capital in exchange for a percentage of future sales.
• They involve faster approvals than bank loans but have higher costs.
• Daily repayments rise and fall based on sales volume.

Merchant cash advances allow businesses to receive an upfront sum in exchange for a fixed percentage of future credit card sales. Because MCAs aren’t classified as loans, providers aren’t subject to state usury laws capping interest rates.

• This flexibility comes at a cost – the equivalent annualized interest rates can exceed 100%.
• Additionally, terms often allow the provider to withdraw more than the agreed upon percentage if sales drop, accelerating repayment.

While MCAs offer easy capital, the burden of variable payments can push struggling businesses over the edge. Fortunately, options exist to contest unfair contracts.

Legal Defenses Against Abusive MCAs

A host of defenses can counteract predatory merchant cash advance practices:

• Unconscionability – If contract terms are unduly harsh or one-sided, courts may void the agreement.
• Fraud – Evidence the provider misrepresented terms or eligibility could nullify the MCA.
• Breach of contract – Violations of the deal by the provider may release the business from repayment.
• Usury law violations – Though rare, courts occasionally deem MCAs loans subject to state laws.

Additional angles, like racketeering charges, may apply depending on the circumstance. Our lawyers thoroughly vet cases to identify the strongest defenses. Don’t hesitate to call our office for a free consultation.

Who We Are and What We Do

As mentioned, we’re not technically a law firm. However, our financial and legal experts include seasoned attorneys with extensive MCA litigation experience. We offer businesses a customized path to resolving MCA debt, including negotiation, debt consolidation, and bankruptcy if appropriate.

• We start by reviewing your unique situation to chart the optimal course.
• Next we utilize hard-nosed negotiation tactics to pressure MCA providers, exploiting any weaknesses.
• If negotiation fails, we explore debt consolidation or bankruptcy, the latter allowing complete debt elimination.
• Regardless of approach, our lawyers battle tenaciously on your behalf.

Our track record of success stems from this personalized, versatile approach. And our website provides more details on how we can help.

Specific Legal Defenses Against Predatory MCA Practices

Let’s explore some common legal arguments against unfair merchant cash advances:

Unconscionability

• Unconscionable contracts contain unjustly harsh terms that “shock the conscience.”
• Courts may void these agreements or sever offending provisions.
• We’ve frequently employed this argument successfully against one-sided MCA deals.

Some factors suggesting an MCA contract is unconscionable:

• Excessive equivalent interest rates exceeding 100%
• Repayment terms allowing unlimited withdrawals if sales drop
• Misleading statements regarding consequences of the agreement
• Severe imbalance in sophistication between parties

Fraud

• Fraud vitiates contracts if a party’s misrepresentation induces signing.
• We dig for evidence providers fudged eligibility requirements or terms.
• Half-truths regarding repayment repercussions can also qualify as fraud.

Breach of Contract

• If the MCA provider violates the deal’s terms, we can leverage this breach.
• Common issues include withdrawal of unauthorized sums or amounts exceeding limits.
• Sometimes sloppy contract language contains contradictory provisions we exploit.

Usury

Usury laws regulating loan interest rates and terms rarely apply to MCA’s. But in certain cases, judges have deemed MCAs loans, triggering these protections. We thoroughly analyze contracts to spot potential violations.

Our Legal Team Consistently Beats MCA Providers

Don’t let an abusive merchant cash advance sink your Ohio business. With our attorneys battling on your behalf, you gain the upper hand against providers seeking to collect. We’ve helped countless companies cancel or reduce MCA debt, and your business can be next.

• Our first step is always a free case assessment – call 212-210-1851 to get started.
• From there we explore negotiation, debt consolidation, or bankruptcy to secure the best outcome.
• With customized legal and financial guidance, you can regain solid financial footing.

Facing threats from an MCA provider? Take back control with help from our experts. Ohio businesses never fight alone with our lawyers on their team. Reach out today to start moving towards debt relief.