Small business owners who are struggling or in default on their Merchant Cash Advances or alternative loans are peppered with MCA debt settlement companies who will say and do anything so that small business owners sign onto their programs.
Like Merchant Cash Advance companies, these companies’ prey on small business owners using a host of tactics which small business owners should be aware of. This article discusses some of the tactics these companies use, as well as what legitimate debt consultancies do differently.
By Thomas Tramaglini, Chief Operations Officer
Partner, Center for MCA Research
Small business owners generally struggle with their Merchant Cash Advances and alternative loans. In 2020, when the Securities and Exchange Commission shut down one of the largest MCA companies PAR funding, they reported that the default rate of their customers was around 50%.
For sure, small businesses who struggle with their MCAs need help. Some settlement companies are as predatory as Merchant Cash Advance companies because their tactics take advantage of those who are vulnerable. That said, each day we meet great people who are staring down the barrel of gun because they were taken advantage of by an MCA Company or had a hardship which put an enormous amount of pressure on their businesses, their families, and their employees. Some have already begun working with a settlement company that does not put the client first, and instead feeds on the misfortune of those at risk.
How does this happen? These settlement companies use a host of different means to swindle small business owners into their programs. In this article, we expose and discuss several of these tactics. If you are considering or are enrolled in a program that addresses MCA debt, it is important that you have transparency, and choose a firm which does not do what we write about below.
Tactics
Scam: “We can save you a massive amount of money on your payback.”
Commonly, we see the following gestures made to small business owners: “We can save you 60% from what you owe the MCA company….” Or we save each client on average between 60% and 85% of what they would owe.
This is a scam. Most MCA companies never would settle for this amount or even close, unless some superior crafted strategy was utilized, and it worked.
Can you get discounted settlements? Yes. But honestly, anyone who owes them money would never settle for 20% of what is owed.
It is reasonable to save perhaps 10-20%, but when a settlement company suggests that they can save you money a lot has to go into settlement. For instance, what are the fees? What will the investors say of the MCA company who are not going to get their money back? Who pays the legal fees of the MCA company? Are there UCC actions involved?
When the client is told that they would settle for 60% and 85% less than they owe before even onboarding the client, one should think twice. Basically, you are paying into a program which is discounting what you might pay back and then the same company adds 30-40% to that number basically eliminating any potential savings acquired.
Scam: Default so you can get sued and settle for less.
In many cases, debt settlement companies call UCC leads or random small business owners who have Merchant Cash Advances and they tell small business owners that if they enter their program, they will be protected, will settle their debt for much less than what they owe, and have nothing to worry about.
This is illegal.
This is called tortious interference and subject to legal action on many levels. Currently, there have been some lenders like SBFS (Rapid) who have sued companies like Corporate Client Services for their actions, for which the case is quite strong. In Small Business Financial Solutions, LLC v. Corporate Client Services, LLC, the case was dismissed because the venue which the lawsuit was filed in was not appropriate for the case. It can be assumed that SBFS will file in Maryland or a more local venue and have better luck.
Forcing the client to get sued is a common tactic by debt settlement companies and if you are told to default, understand your business and you personally will likely be sued, you may end up with a judgement, or have your assets frozen.
Scam: Company does not negotiate until they have your settlement account at 20%
Many MCA debt settlement companies have clauses in their contracts which suggest that they will not negotiate until you have paid 20% of the total settlement account has been paid. For instance, this comes directly from a Corporate Client Services Contract:
A. Settlement Offers: We have structured the payments into your Settlement Account to reflect an estimated settlement amount of _____ of the enrolled debt, as enumerated in the attached Schedule of Enrolled Debts. We will usually, however, begin making negotiated settlement offers to your creditors only after the accrued funds in your settlement account exceeds 20% of each debt.
I cannot stress enough that it is not good practice to have a strategy like this for every industry and every business, as the MCA companies will easily use UCC and other tactics to force you into submission. In fact, any debt settlement company who has a model like this and charges you should be disbanded and forfeited.
Scam: We require massive retainer fee (for nothing).
Some debt settlement companies charge an initial retainer fee for nothing.
A retainer fee is that – a retainer fee for expenses. However, what are the fees used for? Any debt settlement firm that charges a retainer fee should outline what those fees are used for. For instance, Beacon Client Solutions might charge a retainer fee for an attorney. However, that retainer fee is spelled out in full in the agreement.
If a debt settlement company wants 10% for a retainer, they are likely just pocketing the money.
Scam: The Settlement Company has a Minimum Performance Standard in their Agreement
Some MCA settlement companies have minimum performance standard, or the small business owner may get some of their money back or receive a lower cost program.
Be careful – Given the factors that go into settlement, there is no way humanly possible that a settlement company could seriously provide a minimum standard of performance.
Most settlement companies also have clauses that say if you get sued, they do not have to follow the minimum standard. However, if the tactic is to get you to get sued by cutting off the MCA company from getting paid back, then you are basically forgoing the standard of performance and when the agreement from the settlement company estimates settling at 43% of your enrolled debt, they are let off the hook because you are getting sued – oldest trick in the book.
Scam: You Received a Quote and The Settlement Company Did Not Review Your MCA Agreements
Many MCA settlement companies will give you a quote without even reviewing your MCA agreements. If this happens, RUN!
MCA agreements have a ton of valuable information which an experienced MCA settlement team will tell you drives the work that the settlement companies will be doing. Many of the MCA providers out there will want to wait for months to negotiate with the MCA companies. While there can be merits associated with waiting, it surely does not mean that there should be no communication. Some small businesses will get crumbled by UCC lines and notifications and it will be too late if this happens.
Scam: The MCA Settlement Company Has a Network of Hundreds of Attorneys Nationwide…
This is just foolish. No MCA Settlement (or any company) has hundreds of attorneys nationwide. And good attorneys are worth their weight in gold.
For example, Shore Financial Solutions has this on their website:
“What happens if a creditor files a lawsuit?
Shore Financial Soluitons (Typo on Shore’s website) has an Attorney Network of 500+ local attorneys that handle all legal motions, as well as aid in the negotiations of your debts.”
Most of these attorneys will file an answer for a lawsuit if the business owner is sued but it’s not going to do much. When a summary judgement or some motion is forced by the MCA company, or you need a negotiator, I would not want one of the network attorneys who just push paper at your service.
Most good attorneys charge $400-$500 per hour. Our attorneys work for less but not much less. Networks like the “Sunshine Network” have (in our opinion) copy and paste attorneys which you pay $100 per month.
To the layperson it seems like a good idea. However, given the serious nature of a lawsuit, I would not want one of these attorneys representing anyone. This is not to say that some attorneys in the network are not good. However I am saying that no attorney would charge $100 per month to defend someone in any serious manner.
This is a sham.
Scam: The MCA Settlement Company Does Not Discuss UCC with you
One of the most prevalent and successful ways an MCA company can recoup their funds is to use the Uniform Commercial Code (UCC). We have written about this extensively and shared those articles are on our website.
A UCC filing or lien are used by lenders and MCA companies to announce their rights to collateral, liens, or a secured interest. In the context of a Merchant Cash Advance, MCA companies will secure your receivables as a form of collateral using the Universal Commercial Code.
A UCC is nothing more than a legal form filed with the state Secretary of State (SOS) that announces that the lender or MCA provider has a secured lien on the business. Such actions allow the lender or MCA provider to seize and foreclose on the collateral or funds if the small business owner fails to pay what is due.
If the MCA settlement company does not review their strategy to handle UCC actions, it is usually a sign that either they do not know what they are doing or do not care about the client.
Contact Beacon Client Solutions to better understand your situation and how we can help you.
Dr. Thomas Tramaglini is the Director of Operations and Negotiation for Beacon Client Solutions, a company that supports small businesses on a host of fronts, especially MCA debt. Thomas has been a small business owner for many years, as well as held leadership positions in several organizations and companies. Thomas holds a B.A. in History, as well as Masters and Doctorates in Organizational Leadership from Rutgers University, The State University of New Jersey.
Disclaimer: Beacon Client Solutions is not an accountancy, or a law firm. We are business consultants. While Beacon works with outstanding attorneys and accountants, we cannot and do not provide legal or tax advice. All of our work is connected to those who are legally certified to give such advice. Beacon does have a longstanding body of work in MCA resolution and understands what small business owners deal with, specific to MCA. Beacon Client Solutions serves clients in all 50 states, Puerto Rico, Mexico, and Canada.
Opmerkingen