Attorneys for Merchant Advance Companies

Representing Merchant Cash Advance Companies

The Federal Trade Commission, New York State Attorney General and New Jersey Attorney General have all recent targeted Merchant Cash Advance companies. Not surprisingly, Merchants (i.e., customers of MCA companies) often seek to avoid their payment obligations by arguing that Merchant Cash Advances are in fact loans subject to state usury caps. MCA companies are also sometimes sued by banks who contend, among other claims, that the MCA company “converted” its collateral by purchasing accounts receivable from a bank debtor based on alleged security interests. Factoring companies also sometimes sue Merchant Cash Advance companies as well when a merchant with a Factor sells accounts receivable to an MCA company.

It goes without saying that Merchant Cash Advance companies need two things: well-drafted contracts and hard-hitting legal representation when litigation becomes necessary.

Durst represents Merchant Cash Advance companies in:

  • Lawsuits brought by Banks and Factoring Companies, including claims against Merchant Cash Advance companies for conversion, fraud, Civil RICO and unjust enrichment.

  • Federal Trade Commission (FTC) and Attorney General Lawsuits alleging usury, unfair and deceptive business practices and violation of state or federal law.

  • Collection actions against defaulting merchants.

  • Bankruptcy-related litigation.

  • Litigation relating to personal guaranties and confessions of judgment.

  • Actions in which MCA agreements are challenged as loans subject to state usury laws.

  • General business litigation matters throughout Ohio and nationwide.

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Merchant Cash Advance Litigation Attorneys

Durst has attorneys licensed in Cincinnati, Ohio – but we will handle cases for Merchant Cash Advance companies nationwide, appearing pro hac vice and/or with local counsel where necessary. Our understanding of the industry and experience in Merchant Cash Advance litigation makes us the ideal attorney for an MCA company.

If you need a lawyer for a Merchant Cash Advance issue, contact Durst immediately at (513) 621-4999. You can even reach Alex Durst on his direct line at (513) 621-2500 or his personal cellphone at (513) 293-3706.

Partner Paul R. Kerridge, Managing Partner Alex J. Durst, Law Clerk Maddie Wilhoite and Partner Edward A. Khatskin stand together smiling in a courtroom.
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Contact the Litigation Attorneys of Durst Kerridge

If you need a litigation attorney in Cincinnati, Dayton, Columbus, Cleveland, or elsewhere in Ohio, call Durst Kerridge at (513) 621-4999 to discuss your options.

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