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  1. #1
    Senior Member Reputation points: 44171
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    Quote Originally Posted by SFC View Post
    How is that legal? There is NOT an APR on an MCA. Can't have it both ways. Either you've structured it as a loan or you've structured it as an advance of future receivables. If you don't make it contractually clear that its an advance, then you risk being sued and it being ruled as a loan. If there's an APR, that is a loan quality.
    Great point. I believe as long as you’re disclosing the APR to the merchant they can’t really sue. I’m not a lawyer just my thoughts.

  2. #2
    Veteran Reputation points: 135672 Chambo's Avatar
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    Quote Originally Posted by Mynameisbob View Post
    Great point. I believe as long as you’re disclosing the APR to the merchant they can’t really sue. I’m not a lawyer just my thoughts.
    If you are disclosing APR, then you are categorized as a loan and can get sued for usury.

  3. #3
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    Quote Originally Posted by Chambo View Post
    If you are disclosing APR, then you are categorized as a loan and can get sued for usury.
    Thank you! That's my point, either its a LOAN or an MCA! You CANNOT have it both ways.

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