What are the signs of a predatory business lender?
Five common tells: 'sign today or lose the rate' pressure tactics, total cost hidden behind a factor rate with no APR-equivalent disclosed, pushing a second advance you can't service, demanding upfront fees before any underwriting, and unusually broad personal guarantee or default clauses (confessions of judgment, cross-collateralization, broad indemnification).
What is a confession of judgment in a business loan?
A confession of judgment (COJ) is a clause where the borrower waives the right to defend a lawsuit before any dispute exists — letting the lender obtain a judgment without notice. New York banned out-of-state COJs in 2019 (CPLR §3218) after CFPB and journalist investigations exposed predatory enforcement patterns. Other states' protections vary. COJs are a red flag, especially in second-position MCA contracts.
Should I pay fees before getting approved for a business loan?
No. Legitimate lenders don't charge fees before underwriting and approval. 'Application fees,' 'processing fees,' or 'good faith deposits' charged before approval are red flags. Real fees come at funding (origination, closing) and are deducted from the funded amount, not paid out of pocket. If a broker asks for upfront payment, walk away.
How do I verify a business lender is legitimate?
Check that the lender's offer includes the three load-bearing numbers in writing: total dollar cost of capital, APR-equivalent (even if priced as a factor rate), and prepayment treatment. Real lenders provide these without hesitation. Search for state regulator complaints (most states publish actions). For MCAs in CA, CT, FL, GA, KS, LA, MO, NY, TX, UT, or VA, the lender must provide the state-required commercial financing disclosure.
What should I do if I'm being pressured to sign quickly?
Stop the conversation. Legitimate offers are valid for at least a few business days — 'lock the rate today' is a pressure tactic, not a real expiration. Ask for the same offer in writing from a different lender for comparison. Run the math yourself. If a broker insists on same-day signing without giving you time to read the contract and compute the APR, that's the answer.
Where can I report a predatory lender?
Document the behavior in writing and consult an attorney about your options. You can file complaints with your state Attorney General (most states have small business protection units), the Federal Trade Commission at ftc.gov/complaint, the Consumer Financial Protection Bureau (CFPB has flagged predatory MCA practices as a concern), and the Better Business Bureau. State-level regulators have growing authority over commercial financing disclosure violations.