[Quickfunder]

What do you mean the "merchant was solicited by this lender's back office"? If you have proof that this employee of Lender A introduced the merchant to Lender B, then you'll have a case. Otherwise, it's all theory and conjecture.

We have proof. The Sales Office that contacted the merchant is the internal Sales Office of the lender. The actual contract was made by a 2nd lender... maybe syndicating with the first lender.