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09-13-2018, 06:04 PM #1
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- Nunya
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09-13-2018, 06:05 PM #2Karen37aGuest
Last edited by Karen37a; 09-13-2018 at 06:07 PM.
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10-05-2018, 08:11 PM #3
- Join Date
- Apr 2014
- Location
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Carl Fairbank
Founder & CEO boldMODE
www.boldmode.com
Carl@boldmode.com
Founder & former CEO of Breakout Capital (sold to SecurCapital in 2019)
www.breakoutfinance.com
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10-06-2018, 06:30 AM #4Karen37aGuest
Carl.
Putting Apr on MCA contracts and factoring not loans sets you up for automatic defaults and lawsuits.
I've said this over and over again. You don't want to stop and like a chess game, move the pieces forwards in your mind, then that's that.
If you get to court you can't argue an invalid contract. Merchant Cash advance companies have been going to court to defend the position that "it is not a loan it is an advance" therfore it is not usury. Also Defending the COJs.
Merchant cash advance has no set payback time ...therefore blah blah
You now are going to invalidate those arguments and its usury OR they stand and its and invalid contract therefore void
Someone is going to argue breach of contract and someone smart is going to turn right around and argue that the contracts were illegal or confusing therefore not enforceable.
Courts have time and time again said: " if the contract resembles a loan then it is one".
( and I know these things because of Venture Capital. Structuring different types of Deals that are NOT loans since the 80s)
We can see going forward who is right and who is wrong ( I do not like going into something from a 90%-100% failure position)
Stare DecisisLast edited by Karen37a; 10-06-2018 at 10:54 AM.
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