[moneypenny1]

BS Or not?

[morgan.quinn]

It depends which funder it came from- Some just like to threaten legal action instead of spending the resources to pursue it. You never know who will call your bluff, so its best to respect the policies of the funders you work with- at the very least in the interest of maintaining a healthy, honest relationship.

Some funders absolutely DELIGHT in going after the funders, merchants, AND brokers that disregard their stacking addendums/clauses and stack on their positions.
I'm sure someone can provide the names of some of the most aggressive funders willing to litigate these days.

[WestCoastFunding]

Usually the no stacking addendum hits them with a $1-5K penalty if they see they’ve been stacked. But the only way they still find out is if they see the bank statements and see a new position. Therefore, if you stack, and they request statements for a renewal, forget about it. Also, if the merchant needs adjusted payments, and the funder asks for statements, they’re screwed. The other way the funder could find out is, of course, UCCs.

With that having been said, many will charge that fee if they find out you stack a no stack addendum.

[BB_Cooper]

After Rapid and Pearl settled their suit last year, has there been stacking litigation since or that's still ongoing?