Merchant Cash Advances—they trap you, they strangle you, they destroy you. Over and over, I’ve seen it happen. But I fight. I fight because I believe we can win. I fight because I know we will win. We win because we see through the lies. We win because we know the game. We win because we know the law. I’ve been there. I’ve fought them. I’ve seen partial victories that are still wins.
Disguised Loans and Lies
They say MCAs aren’t loans, but that’s a lie. It’s a lie when they call it a “receivable purchase.” It’s a lie when they say they aren’t bound by loan regulations. It’s a lie, and courts agree. Like in Pear Funding v. Chalme. The Illinois Interest Act, my favorite weapon. The Illinois Interest Act, my strongest defense. The Illinois Interest Act, my tool to crush illegal rates. They charge 200%, 300%—unlawful under state law. They will fall under the law.
Precedents and Non-Recourse Clauses
We’ve seen this before—in New York, in LG Funding v. United Senior Properties. We’ve seen how MCAs are exposed for what they are. We’ve seen the rulings, we’ve seen them labeled as loans, not purchases. Non-recourse? No, it’s non-sense. They claim it’s a non-recourse deal, but it’s never true. It’s never true, because they come after you when you can’t pay. It’s never true, and we prove it every time. We win because we expose this lie.
The Power of Partial Victories
A win is a win. A partial win is still a win. A partial victory, a payment cut, a term extension—it keeps the business alive. I once helped a bakery reduce its debt by 50%. A win is a win, no matter how small. They don’t want to fight in court. They fear court. They settle, they negotiate, they cave. They fear what we can prove. They slash interest rates to avoid the spotlight. I’ve made them do it.
Time as a Critical Factor
Time matters. Time to breathe. Time to recover. A partial win gives you time—time to get back on your feet, time to stop the bleeding. Time saves businesses. Time is the most valuable win. I’ve seen businesses saved through restructuring. I’ve seen businesses revived through negotiation. I’ve seen businesses kept afloat through time. Sometimes it’s not the debt—it’s the time. We fight for time.
Illinois Law and UCC Violations
Illinois law, it’s the weapon we use. Illinois law, the sword that cuts through unfair contracts. Illinois law, the protection against these predatory lenders. Lakeview v. Merchant Advance—another victory for us. We wield these victories. The UCC, the Uniform Commercial Code. The UCC governs every transaction. The UCC holds these contracts to strict standards. And when they don’t comply? We strike them down. Section 2-302, unconscionability—that’s how we win.
Receivables Sales and Precedents
They call it a receivables sale—but if there’s no risk, it’s not a sale. If there’s no risk, it’s a loan. If there’s no risk, we win. Courts see it. We argue it. We win because of it. Precedents matter. Precedents guide us. Advance Funding v. Midwest Transport—it set the tone. We’ve used this case time and time again in Illinois. Precedents matter, and we use them to build our case.
Every Clause is a Target
Allied Contracting v. MCA Fund, another case where we saw the true nature of MCAs—disguised as loans. Allied Contracting v. MCA Fund, a ruling that gave us the tools. Allied Contracting v. MCA Fund, the key to fighting back. We see every clause. We fight every clause. We challenge every clause. The contracts are full of traps, but we know the traps. We know how to fight them. And we win because we fight harder.
Consumer Fraud Act and Usury Laws
The Consumer Fraud Act (815 ILCS 505)—it’s not just for consumers. The Consumer Fraud Act protects businesses, too. The Consumer Fraud Act is a powerful weapon against deceitful MCA contracts. And we use it, over and over. Usury laws exist for a reason. Usury laws cap the interest rates. Usury laws prevent predatory lending. And MCAs? They violate them. They go beyond the legal limit, and we stop them every time.
Fees, Fees, Fees
Fees, fees, fees—that’s how they trap you. Late fees, penalty fees, hidden fees—we expose the fees. We destroy the fees. We win. Fees are their tool to trap, but fees are our tool to free you. Let me tell you about my Illinois auto shop client. They were drowning in debt, ready to close. We cut payments in half, extended terms. We saved them. They’re still open today. We saved them because we fight.
Threatening Letters and Contract Laws
Threatening letters—those scare tactics. They send them, thinking you’ll fold. But those letters are illegal. We use the Fair Debt Collection Practices Act (FDCPA) to hit back. We stop them, we shut them down. Contracts mean nothing if they break the law. Contracts mean nothing if they are unfair. Contracts mean nothing when we step in. We expose the unfairness, we fight the illegalities. We win because of it.
Small Businesses Can Win
Small businesses win. Small businesses survive. Small businesses fight back. With the right lawyer, the tables turn. With the right lawyer, you can win. We hit where it hurts. Illegal interest rates—we hit there. Hidden fees—we hit there. Predatory tactics—we hit there. We expose everything, and we win everything. Partial victories matter. Partial victories keep businesses alive. Lower payments, extended terms, breathing room—partial victories are survival. I’ve helped clients survive. That’s winning, even if it’s partial.