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New Jersey MCA Defense Lawyers Offer Hope for Small Businesses Struggling with Predatory Lending
Small business owners work hard to build their dreams. Long hours, sleepless nights – it‘s all worth it when you get to be your own boss. But what happens when an emergency strikes and you need fast cash to keep things afloat? Too often, desperate entrepreneurs turn to merchant cash advances (MCAs) and fall victim to predatory lending.
The MCA Trap – A Short-Term Solution That Devours Businesses
Merchant cash advances provide quick access to capital in exchange for a percentage of future credit card sales. Unlike bank loans, there‘s no long application process – you can get approved in days. But hidden beneath the speed and convenience lie serious risks:
- Exorbitant effective interest rates exceeding 100% APR
- Absurdly high repayment rates claiming 15-20% of daily revenue
- Abusive collection tactics including excessive calls and threats
- Deceptive marketing misrepresenting terms and conditions
While not all MCA companies are predators, too many deploy unscrupulous practices that ensnare business owners in a debt trap. Unpayable balances swell as the MCA eats away at sales until the breaking point.
“I thought the MCA would save my restaurant during slow seasons. Instead, it bled us dry and forced us to close permanently.” – Frank, former small business owner
Situations like Frank’s have become all too common. Thankfully, New Jersey small businesses can now turn to MCA defense lawyers for help.
New Jersey Cracks Down on Abusive MCA Tactics
After fielding a flood of complaints against MCA providers, New Jersey took action. Attorney General Matthew Platkin recently settled with eight companies accused of egregious misconduct, including:
- Charging illegal interest rates exceeding 350% APR
- Withdrawing unauthorized payments
- Filing bogus judgments against customers
- Misleading marketing and loan terms
These landmark settlements are forcing real reforms in the MCA industry:
- Lower interest rates and enhanced transparency
- Strict limits on aggressive collection efforts
- Relief for past victims, including debt forgiveness
While regulators work to protect small businesses from predatory lenders, MCA defense lawyers empower entrepreneurs to fight back when treated unfairly.
MCA Defense Lawyers – Your Ally Against Abusive Lenders
If you feel trapped in an exploitative MCA agreement, specialized legal help can make all the difference. Top MCA defense law firms like Delancey Street leverage deep expertise to shield small businesses from predatory lenders.Their attorneys explore multiple avenues for relief, including:
- Negotiating settlements – Successfully resolve MCA debts for a fraction of the balance
- Uncovering misconduct – Reveal deceptive tactics to invalidate contracts
- Protecting assets – Block attempts to overcollect or file bogus judgments
- Seeking legal damages – Sue for financial compensation and contract termination
An experienced MCA defense lawyer thoroughly vets your agreement to spot abusive terms and build a customized game plan to fight back.
“My attorney found clear violations in my MCA contract. We won a fast settlement erasing my balance and letting me move on.” – Sarah, small business owner
Key Defenses Against Predatory MCA Loans
When combating unlawful MCA agreements, defense lawyers draw from several key arguments:
Unconscionability
If loan terms unreasonably favor the lender, courts can rule the contract unconscionable and unenforceable. Factors include:
- Deception about rates or repayment terms
- Attempts to block legal recourse through waivers
- Overall imbalance of power and transparency
Usury Violations
MCA rates often violate state laws capping interest charges on loans. New Jersey caps interest at 16% – a far cry from 100%+ APRs charged by some MCA companies.
Breach of Contract
If lenders misrepresent terms or overcollect payments beyond agreed rates, it equates to breach of contract. This can invalidate the agreement.
Fraudulent Inducement
Intentionally misleading business owners about costs or other material info to secure the MCA agreement constitutes fraudulent inducement. This is grounds to void the contract.
Take Control of Your Financial Future
Predatory lending sinks countless small businesses each year. But with the right legal help, you can break free of abusive MCA debt and protect your company’s future.If you’re struggling with a merchant cash advance in New Jersey, call the experts at Delancey Street today at 212-210-1851 for a free consultation. Their attorneys have the experience to negotiate settlements or defeat predatory lenders in court.Don’t let an MCA destroy all your hard work and sacrifice. Fight back and take control of your financial destiny.