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Merchant Cash Advance Cost Disclosure Laws by State

Which states make funders show the price, and how many small businesses those rules reach.

11 states have a cost disclosure law for merchant cash advances, and together they cover about half of U.S. small businesses. California and New York require the most detail, and four states make brokers register. Find your state in the table below to see what an offer has to show you.

Reviewed by the Afterfirst file team

What are the headline findings?

  1. 11 states have a commercial financing disclosure law that reaches merchant cash advances or similar sales-based financing. Together they hold 18.1 million of the 36.3 million small businesses the SBA counts across the 50 states and DC, or 49.9%.
  2. Only 2 states, California and New York, require an estimated APR on the disclosure. They hold 18.5% of small businesses. The other 9 require a dollar cost and payment terms but no APR.
  3. 4 states make MCA brokers register before they work: Connecticut, Missouri, Texas and Virginia. They hold 14.8% of small businesses. California has passed a license law for brokers and providers that starts later.
  4. The largest deal each law covers ranges from $250,000 in Connecticut to $2.5 million in New York. Louisiana sets no dollar ceiling at all.
  5. In the Federal Reserve's latest Small Business Credit Survey, 8% of small employer firms applied for a merchant cash advance in the prior 12 months, and 60% of firms that borrowed from online companies said the total cost came in higher than they expected.

Which states have MCA cost disclosure laws?

These laws make a provider, meaning the funder and in some states the broker, show the cost of the deal in a set format before you sign. Each row links to our page on that state where we have one, and every law is linked in the sources.

StateLawWhat it coversLargest deal coveredEstimated APR requiredRegistration
CaliforniaFinancial Code Division 9.5 (SB 1235), DFPI rules 10 CCR § 900 et seq.; SB 362Commercial financing incl. sales-based$500,000YesNo registration under the disclosure law; AB 2116 adds a DFPI license for brokers and providers on a later start date
New YorkFinancial Services Law Article 8; 23 NYCRR Part 600Commercial financing incl. sales-based$2,500,000YesNone
UtahUtah Code Title 7, Chapter 27 (SB 183)Commercial financing$1,000,000NoProviders register with the Department of Financial Institutions
VirginiaVa. Code § 6.2-2228 et seq. (HB 1027)Sales-based financing only$500,000NoProviders and brokers register with the State Corporation Commission
GeorgiaO.C.G.A. § 10-1-393.18 (SB 90)Commercial financing$500,000NoNone
FloridaFla. Stat. §§ 559.961-559.9615 (HB 1353)Commercial financing$500,000NoNone
ConnecticutConn. Gen. Stat. §§ 36a-861 to 36a-872 (Public Act 23-201)Sales-based financing only$250,000NoProviders and brokers register with the Department of Banking (NMLS)
TexasTexas Finance Code chapter 398 (HB 700)Commercial sales-based financingUnder $1,000,000NoProviders and brokers register with the OCCC (NMLS)
MissouriRSMo § 427.300 (SB 1359)Commercial financing$500,000NoBrokers register with the Division of Finance and post a $10,000 bond
KansasK.S.A. §§ 75-783 to 75-787 (SB 345)Commercial financing$500,000NoNone
LouisianaAct 198 (HB 470)Revenue-based financingNo dollar ceilingNoNone

Banks, credit unions and some other providers are exempt in most of these states, and most laws also exempt a provider that makes only a handful of deals in the state each year. Louisiana is the exception: its law has no entity or dollar exemptions.

How many small businesses do these laws reach?

We matched each state's rule to the SBA Office of Advocacy's count of small businesses in that state, which includes owners with no employees.

Stacked bar: 18.5% of U.S. small businesses are in California and New York, 31.4% in nine other disclosure-law states, and 50.1% in states with no MCA disclosure law
Source: SBA Office of Advocacy small business profiles by state; state laws as listed above. 36.3 million small businesses in the 50 states and DC.
Bar chart of small businesses in each of the 11 disclosure-law states, led by California, Texas and Florida
Source: SBA Office of Advocacy small business profiles by state.

California, Texas and Florida alone hold 11.3 million small businesses. Counting only businesses with paid employees, the 11 states hold 3,880,520 of the nation's 8,361,342 employer establishments (46.4%), and 46.8% of establishments with fewer than 20 employees, from the Census Bureau's County Business Patterns.

Where do MCA brokers have to register?

A broker shops your file to funders and is paid by the funder when a deal funds. Four states require brokers themselves to register before they work in the state, and Utah requires providers to register:

StateRule
VirginiaProviders and brokers register with the State Corporation Commission
ConnecticutProviders and brokers register with the Department of Banking (NMLS)
TexasProviders and brokers register with the OCCC (NMLS)
MissouriBrokers register with the Division of Finance and post a $10,000 bond
UtahProviders register with the Department of Financial Institutions
CaliforniaLicense coming (AB 2116)
New YorkBrokers count as providers for disclosure
GeorgiaNo registration; the statute limits what brokers may do
FloridaNo registration; brokers may not charge advance fees and must show their address and phone in ads

Before you send a file, ask any broker for its registration in your state where one is required. You can check Connecticut and Texas registrations through NMLS Consumer Access, and Virginia's through the State Corporation Commission.

How large a deal do the laws cover?

Bar chart of the largest deal each disclosure law covers, from $250,000 in Connecticut to $2.5 million in New York; Louisiana has no ceiling
Source: each state's statute, linked below. Deals above the ceiling don't get the state disclosure.

Most laws stop at $500,000. Above a state's ceiling the provider doesn't owe the state form, so a larger offer can arrive with fewer cost facts on paper. Whatever the size, you can still ask for the cash you receive, the total payback, the payment and the expected term in writing.

What does the Fed survey show about MCA applicants?

The Federal Reserve Banks' Small Business Credit Survey asks thousands of small employer firms, those with 1 to 499 employees, how they sought financing. In the latest report on employer firms (6,525 responses):

  • 8% of firms applied for a merchant cash advance in the prior 12 months, against 26% for a loan and 24% for a line of credit.
  • 7% of firms use merchant cash advances on a regular basis.
  • Among firms that applied for a loan, line of credit or cash advance, 12% applied for a merchant cash advance.
  • 37% of applicants sought less than $50,000.
  • The share of applicants that applied at online and fintech companies has risen for five survey rounds in a row, to 29%.
Stacked bars: merchant cash advance applicants 48% fully approved, 40% partly, 12% denied; compared with lines of credit, business loans and SBA loans
Source: Federal Reserve Banks, Small Business Credit Survey, report on employer firms. Excludes applications with no decision. Rows may not sum to 100 because of rounding.
Bar chart: 60% of borrowers from online and fintech companies said costs were higher than expected, against 44% at finance companies, 37% at small banks, 32% at large banks and 31% at credit unions
Source: Federal Reserve Banks, Small Business Credit Survey, report on employer firms. Cost means the total cost, including interest, fees and other charges.

Merchant cash advance applicants were the least likely to be denied of the products shown, at 12%. The cost picture is the other side of that: firms that used online and fintech companies were the most likely to say the price surprised them, and only 35% of them said they were satisfied, against 76% at credit unions. A written cost disclosure is the rule meant to close that gap.

How do you read the cost where no APR is required?

In 9 of the 11 states the form shows dollars, not an APR, and in 39 states and DC there's no required form at all. Three figures still let you compare any two offers:

  1. Cost per dollar: total payback minus the cash you receive, divided by the cash you receive.
  2. Expected term: total payback divided by the payment, turned into days, weeks or months.
  3. Estimated APR: put the cash received, the payback and the payment schedule into an APR calculator.

Our MCA cost checker does the math, and factor rate to APR, worked examples walks through it by hand.

What does every state look like?

StateDisclosure lawEstimated APRSmall businesses (SBA)Employer establishments (Census)
AlabamaNo-465,610105,720
AlaskaNo-77,81422,178
ArizonaNo-706,640162,845
ArkansasNo-292,72870,452
CaliforniaYesYes4,340,7841,029,689
ColoradoNo-730,887182,486
ConnecticutYesNo381,12989,234
DelawareNo-111,34629,706
District of ColumbiaNo-82,66623,801
FloridaYesNo3,485,976645,575
GeorgiaYesNo1,374,972261,320
HawaiiNo-144,37532,911
IdahoNo-207,67058,100
IllinoisNo-1,353,957322,415
IndianaNo-591,671155,692
IowaNo-289,96283,321
KansasYesNo273,41976,139
KentuckyNo-393,86094,402
LouisianaYesNo511,235108,561
MaineNo-160,21543,345
MarylandNo-696,710142,967
MassachusettsNo-756,096183,767
MichiganNo-983,079229,564
MinnesotaNo-560,428154,455
MississippiNo-294,76860,465
MissouriYesNo590,131151,475
MontanaNo-141,01142,566
NebraskaNo-193,49556,503
NevadaNo-353,62177,297
New HampshireNo-145,31439,298
New JerseyNo-1,051,630237,968
New MexicoNo-172,11344,861
New YorkYesYes2,378,996541,313
North CarolinaNo-1,107,537258,169
North DakotaNo-78,21925,402
OhioNo-1,081,292255,049
OklahomaNo-395,52096,402
OregonNo-417,747122,451
PennsylvaniaNo-1,169,008307,065
Rhode IslandNo-116,14929,510
South CarolinaNo-530,402122,958
South DakotaNo-96,77029,106
TennesseeNo-741,196150,129
TexasYesNo3,517,343670,878
UtahYesNo371,56995,494
VermontNo-81,94920,841
VirginiaYesNo880,366210,842
WashingtonNo-695,695202,177
West VirginiaNo-118,04535,839
WisconsinNo-497,370144,774
WyomingNo-81,92423,865

"Disclosure law" means a state law that requires a set cost disclosure on merchant cash advances or similar sales-based financing. Other state laws, such as usury and unfair-practice rules, apply in every state and aren't counted here.

How was this report built?

  1. We read each state's statute or regulator page for scope, the largest deal covered, whether an estimated APR is required and who has to register. Every law is linked in the sources.
  2. Small business counts are the SBA Office of Advocacy's state figures, which include businesses with and without employees.
  3. Employer establishments and the under-20 counts come from the Census Bureau's County Business Patterns state file, all industries.
  4. Survey figures are quoted from the Federal Reserve Banks' Small Business Credit Survey report on employer firms, as printed in the report.
  5. Shares are simple sums: a state counts toward a rule if its law is in force when this page was reviewed.

Laws change. Texas registration has a statutory deadline, California's broker license starts later, and other states are weighing bills. We update this page when a law changes. This is general information, not legal advice. For your contract and your state, talk to a business lawyer.

Can I download, cite or embed this data?

Yes. Download the full table as a CSV: every state with its rule, SBA small business count and Census employer establishments. You're free to use it with a link to this page as the source.

To embed the headline chart, paste this code:

<a href="https://afterfirstmca.com/data/mca-disclosure-laws-by-state"><img src="https://afterfirstmca.com/assets/img/mca-disclosure-laws-by-state.b78a7d9630.png" alt="Half of U.S. small businesses are in the 11 states with MCA cost disclosure laws. Only California and New York require an APR." width="1200" height="630"></a>
<p>Source: <a href="https://afterfirstmca.com/data/mca-disclosure-laws-by-state">Afterfirst MCA, Merchant Cash Advance Cost Disclosure Laws by State</a></p>

Suggested citation: Afterfirst MCA, "Merchant Cash Advance Cost Disclosure Laws by State," https://afterfirstmca.com/data/mca-disclosure-laws-by-state.

What is the short version for reporters?

Half of America's small businesses (49.9%) now operate in one of the 11 states that make merchant cash advance providers show the cost in writing, but only California and New York, home to 18.5% of them, require that cost as an APR.

The other 9 states, Utah, Virginia, Georgia, Florida, Connecticut, Texas, Missouri, Kansas and Louisiana, require a dollar cost and payment terms without an APR. Four of them make brokers register. Coverage stops at $250,000 in Connecticut and $2.5 million in New York, and Louisiana sets no ceiling. In the 39 states and DC without a law, which hold 50.1% of small businesses, no set form is required. The Federal Reserve's latest survey found that 8% of small employer firms applied for a merchant cash advance and that 60% of firms that borrowed from online companies said the total cost came in higher than expected.

Afterfirst MCA is a nationwide merchant cash advance broker headquartered in Los Angeles. It's a broker, not a funder: it shops one free application with third-party funders, and funding companies pay it a monthly membership and a commission when a deal funds. For questions about this data, email info@afterfirstmca.com or call 877-FUND-654.

Sources

  1. California Legislature, Financial Code Division 9.5, commercial financing disclosures (SB 1235): leginfo.legislature.ca.gov
  2. California DFPI, commercial financing disclosure regulation, final text: dfpi.ca.gov
  3. California Legislature, SB 362, commercial financing: disclosures: leginfo.legislature.ca.gov
  4. California Legislature, AB 2116, commercial financing licensing: leginfo.legislature.ca.gov
  5. New York DFS, 23 NYCRR Part 600, disclosure requirements for commercial financing: www.dfs.ny.gov
  6. Utah Department of Financial Institutions, Commercial Financing Registration and Disclosure Act: dfi.utah.gov
  7. Code of Virginia, Title 6.2, Chapter 22.1, sales-based financing providers: law.lis.virginia.gov
  8. Georgia Code § 10-1-393.18, disclosures for commercial financing transactions: law.justia.com
  9. Florida Statutes § 559.9613, disclosures: www.flsenate.gov
  10. Florida Statutes § 559.9614, prohibited acts by brokers: www.flsenate.gov
  11. Connecticut General Assembly, Public Act 23-201, an act requiring certain financing disclosures: www.cga.ct.gov
  12. Connecticut Department of Banking, commercial financing provider or broker registration: portal.ct.gov
  13. Texas Legislature, HB 700, enrolled text (Finance Code chapter 398): capitol.texas.gov
  14. Texas OCCC, commercial sales-based financing: occc.texas.gov
  15. Missouri Revised Statutes § 427.300, commercial financing disclosure law: revisor.mo.gov
  16. Kansas Session Laws, SB 345, Commercial Financing Disclosure Act: sos.ks.gov
  17. Louisiana Legislature, HB 470 (Act 198), revenue-based financing disclosures: www.legis.la.gov
  18. Federal Reserve Banks, Small Business Credit Survey, report on employer firms: www.fedsmallbusiness.org
  19. SBA Office of Advocacy, state small business statistics (SBA open data): data.sba.gov
  20. U.S. Census Bureau, County Business Patterns: www.census.gov

Questions about your file?

Call 877-FUND-654 with any question. We call you back, and we always talk with you before we shop your file.

Last updated · Reviewed by the Afterfirst file team · Editorial standards