If there is a stacking fee in the contract and the merchant stacked on the funder and put there money in jeopardy there is nothing wrong with charging a stacking fee especially if the merchants goes to other funders instead of them. Funders take hits all the time from merchants stacking and not renewing or defaulting because they were lied to by the merchant and or broker. Funders are the ones taking the risk putting out there money for the brokers to get paid upfront and they need to make up there loses somewhere.