DISCLOSURE

This is a search result page



All Registered Sales-based Financing Providers in Virginia (As of 3-29-23)

April 2, 2023
Article by:

Is the revenue-based financing provider you do business with registered to operate in Virginia? On July 1, 2022, Virginia’s commercial financing disclosure law went into effect and with that the necessity to register one’s business. As of March 29, 2023, 101 companies had registered. This is the official list of registered sales-based financing providers as of that date (yellow means it has been added since our last update):

  • Advance Servicing Inc.
  • Accredited Business Solutions LLC dba The Accredited Group
  • Advance Funds Network LLC dba Advance Funds Network
  • AdvancePoint Capital LLC dba advancepoint
  • Ally Merchant Services LLC
  • Alpine Funding Partners, LLC
  • Business Capital LLC
  • Byzfunder NY LLC dba Tandem dba Nano-FI
  • Bridge Capital Services, LLC
  • CFG Merchant Solutions, LLC
  • Clarify Capital II LLC dba Clarify Capital
  • Cloudfund VA LLC dba Cloudfund LLC
  • Capflow Funding Group Managers LLC
  • Clear Finance Technology (U.S.) Corp. dba Clearco
  • Coast Premier LLC dba Coast Funding
  • Commercial Servicing Company, LLC
  • Corporate Lodging Consultants, Inc.
  • Crown Funding Source LLC dba Crown Funding Source
  • Diesel Funding LLC
  • Direct Capital Source Inc.
  • Dealstruck Capital LLC
  • EBF Holdings, LLC
  • Essential Funding Group Inc
  • Errant Ventures LLC
  • FC Capital Holdings, LLC FundCanna
  • Fidelity Funding Group LLC
  • Front Capital LLC
  • Finova Capital, LLC
  • Fintegra, LLC
  • First Data Merchant Services LLC
  • First Path Capital Ventures LLC dba First Path Capital
  • FleetCor Technologies Operating Company, LLC
  • Flexibility Capital Inc.
  • Fora Financial East LLC
  • Forward Financing LLC
  • Fox Capital Group Inc.
  • Fundamental Capital LLC
  • Funding Metrics, LLC dba Quick Fix Capital
  • Good Funding, LLC
  • Granite Merchant Funding, LLC
  • Invision Funding LLC
  • Itria Ventures LLC
  • Jaydee Ventures, LLC dba 1 West Capital dba 1 West Commercial
  • Kapitus LLC
  • Knight Capital Funding III, LLC
  • Lexington Capital Holdings Ltd
  • LG Funding LLC
  • Legend Advance Funding II, LLC dba Legend Funding
  • Liberis US Inc.
  • Libertas Funding, LLC
  • Liquidibee 1 LLC dba Liquidibee LLC dba Altfunding.com
  • Loanability, Inc.
  • Millstone Funding Inc.
  • National Funding, Inc.
  • Nav Technologies, Inc.
  • Orange Advance LLC
  • Pearl Alpha Funding, LLC
  • Pearl Beta Funding, LLC
  • Pearl Delta Funding, LLC
  • Proto Financial Corp.
  • PWCC Marketplace, LLC
  • Parafin, Inc.
  • PayPal, Inc.
  • Payability Commercial Factors, LLC
  • Pinnacle Business Funding LLC dba Custom Capital USA dba EnN OD Capital
  • Platform Funding LLC
  • Prosperum Capital Partners LLC dba Arsenal Funding
  • QFS Capital LLC
  • RFG USA Inc.
  • Rival Funding, LLC
  • Riverpoint Financial Group Inc.
  • Rocket Capital NY LLC
  • ROKFI LLC
  • Ruby Capital Group LLC
  • Rapid Financial Services, LLC
  • Reliant Services Group, LLC
  • Retail Capital LLC dba Credibly
  • Revenued LLC
  • Rewards Network Establishment Services Inc.
  • Secure Capital Solutions Inc.
  • Sky Bridge Business Funding, LLC
  • SMB Compass LLC dba SMB Compass
  • Sunrise Funding LLC
  • Santa Barbara Tax Products Group, LLC
  • SellersFunding Corp.
  • Sharpe Capital, LLC
  • Shine Capital Group LLC
  • Shopify Capital Inc.
  • Shore Funding Solutions Inc.
  • Streamline Funding, LLC
  • Stripe Brokering, Inc.
  • The LCF Group, Inc.
  • Unique Funding Solutions LLC
  • United Capital Source Inc.
  • Upfront Rent Holdings LLC
  • Upper Line Capital LLC
  • Vader Servicing, LLC
  • Velocity Capital Group LLC
  • Vivian Capital Group LLC
  • Vox Funding, LLC
  • ZING Funding I, LLC

Working With Multiple Brokers for a Business Loan? Here’s What to Talk About With Them

March 15, 2023
Article by:

Sales professional on phoneIf you decide to engage with multiple brokers at once to try and secure the best possible business loan terms, here are some tips to ensure that happens:

1. Request a clear breakdown of loan terms and fees: You should ask each broker to provide a comprehensive breakdown of the loan terms, including interest rates, repayment schedules, and any associated fees (such as origination fees, late payment fees, or prepayment penalties).

2. Emphasize the importance of transparency: You should stress that you value transparency in the lending process and expect full disclosure of all fees, terms, and conditions. This will help you make a well-informed decision and avoid any hidden costs or unfavorable terms.

3. Ask about their lender network: You should inquire about the range of lenders they work with and their expertise in securing loans for small businesses in you specific industry. This will give you a better understanding of their ability to find the most suitable lender for you needs.

4. Mention that you are considering multiple brokers: By telling each broker that you are speaking with other brokers, you are creating a competitive environment. This may encourage them to offer more favorable loan terms in order to secure you business.

5. Discuss you business strengths: You should highlight you business’s strong points, such as a solid credit history, steady cash flow, or a well-developed business plan. This will help demonstrate to the brokers that you are a low-risk borrower, which could potentially lead to better loan terms.

6. Ask for references or testimonials: You should request references or testimonials from other small business owners who have worked with the broker in the past. This will give you an idea of their level of customer satisfaction and the quality of loan terms they have been able to secure for other clients.

My AI Loan Broker Has Been Upgraded to Chat GPT-4

March 14, 2023
Article by:

Back in December I pasted copies of an exchange I had with an AI about brokering business loans. That was GPT-3. More recently I got access to GPT-4 and so I’ve asked it the same questions to see if the responses have changed. They have. They’re much longer, much more comprehensive, and for some reason laden with lists. Even though there’s a lot of text below, the advice it gives is pretty good.

Me: Imagine you’re a loan broker. you submit a customer’s application to a lender and the lender steals the application and brokers it to another lender, cutting you out of the deal. what do you do?

GPT-4:

1. Gather evidence: Document all relevant communication and interactions with the lender, including any agreements, emails, or phone call records that show you were the original broker for the deal.

2. Confront the lender: Communicate your concerns with the lender and give them an opportunity to explain their actions. It’s possible that there has been a misunderstanding or miscommunication that can be resolved through discussion.

3. Review your contract: If you have a contract with the lender, review its terms to see if they have breached any clauses related to your involvement in the deal. This may provide you with leverage during negotiations.

4. Seek legal advice: Consult with an attorney specializing in business or contract law to explore your legal options. They can help you assess your case and recommend the best course of action, such as sending a cease and desist letter, seeking mediation, or filing a lawsuit.

5. Notify the customer: Inform the customer of the situation, and advise them of any potential impact on their application or relationship with the new lender. Maintaining transparency and trust with your customer is crucial.

6. Strengthen future agreements: To prevent similar incidents in the future, consider revising your agreements with lenders to include specific clauses that protect your interests, such as non-circumvention or non-disclosure provisions.

6. Reevaluate your partnerships: Assess your relationships with lenders and consider working with more reputable and trustworthy partners in the future. Building a reliable network of partners is essential for the success of your brokerage business.

Remember that every situation is unique, and the appropriate course of action may depend on the specific circumstances and relationships involved.


Me: Imagine that you are a lender and that you are a member of an online commercial finance broker forum. you are hoping to secure the business of all the brokers on there but the problem is that a lot of other lenders are trying to do the same thing. what would you do to stand out?

GPT-4: To stand out as a lender in a competitive online commercial finance broker forum, consider implementing the following strategies:

1. Build credibility and trust: Share your expertise and knowledge by actively participating in forum discussions, providing valuable insights, and answering questions. This will help establish you as a knowledgeable and reliable lender in the community.

2. Showcase your unique selling points: Emphasize the aspects that differentiate you from other lenders, such as competitive rates, flexible terms, a wide range of financing options, quick approval times, or exceptional customer service.

3. Share testimonials and case studies: Provide real-life examples of successful loan transactions and satisfied clients to demonstrate your track record and capabilities. Make sure to obtain permission from clients before sharing their information.

4. Offer exclusive deals or promotions: Incentivize brokers to work with you by providing special offers, such as discounted rates, cashback, or referral bonuses, exclusively for forum members.

5. Collaborate and network: Engage with brokers on a personal level by attending relevant events, workshops, or webinars organized by the forum. This can help build relationships and create opportunities for collaboration.

6. Provide educational resources: Share helpful articles, guides, or industry news that can assist brokers in their work. By providing valuable resources, you can position yourself as a thought leader in the industry.

7. Be responsive and accessible: Make it easy for brokers to reach you by providing multiple contact options, such as email, phone, and social media. Ensure that you respond promptly to inquiries and maintain open lines of communication.

8. Leverage social proof: If you have received any awards, recognitions, or positive media coverage, highlight these achievements to enhance your reputation and credibility.

9. Tailor your approach: Personalize your communication and offers to cater to the specific needs and preferences of each broker. Demonstrating that you understand their unique requirements can make you stand out from the competition.

10. Maintain a professional online presence: Ensure that your website, social media profiles, and forum interactions are polished and professional, reflecting your commitment to quality and excellence.

By combining these strategies, you can differentiate yourself from other lenders in the forum and increase your chances of securing the business of commercial finance brokers.


Me: Imagine you are a small business owner. a loan broker calls you 10 times per day to try and convince you to take a loan from him. eventually you do need a loan for your business. do you work with the loan brokers who keeps calling or you do start looking somewhere else?

GPT-4:

As a small business owner, it’s crucial to work with a loan broker or lender that you feel comfortable with and trust. While the broker who called you 10 times per day may be persistent, it’s essential to consider whether their approach aligns with your expectations for communication and professionalism.

If you feel overwhelmed or annoyed by the broker’s repeated calls, it might be a good idea to explore other options. Here are some steps to help you find the right loan broker or lender for your needs:

1. Research multiple loan brokers and lenders: Look for reputable providers with positive reviews and a solid track record of helping small businesses secure financing.

2. Compare loan options: Evaluate different loan products and offerings from various lenders to find the most suitable option for your business needs.

3. Seek recommendations: Ask fellow business owners or your professional network for recommendations of loan brokers or lenders they have successfully worked with in the past.

4. Assess communication styles: Choose a loan broker or lender who communicates clearly, listens to your concerns, and is responsive to your questions. A good broker or lender should make you feel comfortable and well-informed throughout the loan process.

5. Evaluate professionalism and transparency: Look for a loan broker or lender who is upfront about fees, rates, and terms, and maintains a professional demeanor in their interactions with you.

6. Trust your instincts: Ultimately, trust your instincts when deciding whether to work with a particular loan broker or lender. If you feel uncomfortable or pressured by a broker’s sales tactics, it’s best to explore other options.

Remember that securing a loan is an important decision for your business, and it’s crucial to work with a provider who respects your needs and preferences.


Me: Imagine you are a human loan broker competing for a customer. your competitor is an AI. How would you use your humanity to your advantage to win the customer?

GPT-4:

As a human loan broker competing against an AI, you can leverage your humanity to win the customer by focusing on the following aspects:

1. Personal touch: Make an effort to understand your customer’s unique needs, preferences, and concerns. Build rapport and trust by sharing your own experiences and insights. People often prefer to work with someone they can relate to on a personal level.

2. Emotional intelligence: Show empathy and understanding when discussing sensitive financial topics. Unlike AI, humans can recognize and respond to emotions effectively, making customers feel heard and supported.

3. Customized solutions: Utilize your knowledge and experience to tailor loan options to the specific needs of your customer. While AI can generate recommendations based on algorithms, it may not have the same nuanced understanding of individual circumstances that a human broker has.

4. Adaptability: Be ready to adapt your approach and communication style to the customer’s preferences. AI systems may struggle to deviate from pre-programmed behaviors, whereas humans can be more flexible in their interactions.

5. Availability for in-person meetings: Offer face-to-face meetings if the customer prefers, as some people feel more comfortable discussing financial matters in person. An AI competitor may not be able to provide this option.

6. Local market knowledge: Leverage your understanding of the local market, industry trends, and regulations to provide context-specific advice that an AI might lack.

7. Networking and connections: Use your industry connections to secure better deals or loan terms for your customer, thanks to relationships that you have built with lenders over time.

8. Addressing complex scenarios: Humans can often handle complex situations more effectively than AI, especially when it comes to non-standard loan applications or unique financial circumstances.

9. Personal accountability: Reassure your customer that you will take responsibility for the loan process, and that you are committed to finding the best solution for their needs. AI systems, while efficient, can lack the same level of personal accountability.

10. Continued support: Offer ongoing assistance and support throughout the loan process and beyond, as customers may appreciate the availability of a human broker to help address any concerns or questions that arise.

By emphasizing these human qualities and offering a personalized, empathetic, and adaptable service, you can differentiate yourself from AI competitors and win the trust of your customers.


Me: Imagine you are a lender. A loan broker has sent you a loan application for a potential customer. you intend to decline the loan for the customer. Another lender, however, would probably approve the loan and you are presented with the opportunity of brokering that loan application to that lender and earning a nice commission for yourself. The only problem is that the original broker would be very mad. What do you do?

GPT-4:

As a lender, it is important to maintain ethical business practices and respect the relationships between brokers and their clients. Bypassing the original broker and brokering the loan application to another lender for personal gain would be unprofessional and could damage your reputation and relationships within the industry.

Here are some steps you could take to handle the situation ethically and professionally:

1. Inform the broker: Notify the original broker that you cannot approve the loan application based on your lending criteria. Be transparent about your reasons for declining the loan, providing any necessary feedback or documentation.

2. Suggest alternatives: Instead of brokering the loan application to another lender yourself, inform the broker about the potential opportunity with the other lender. This maintains the broker’s role in the process and allows them to manage their client relationship.

3. Maintain professionalism: Uphold a high standard of professionalism in all your dealings. Being transparent, respectful, and ethical in your actions will help you establish a strong reputation within the industry.

4. Focus on your core business: As a lender, your primary responsibility is to provide loans according to your organization’s criteria and risk tolerance. Avoid engaging in activities that conflict with your role, such as brokering loans for other lenders.

By taking these steps, you can ensure that you handle the situation ethically and maintain good relationships with loan brokers and other industry professionals.


Me: Imagine you own a media outlet about alternative finance and you have been publishing news stories for years. Your readers are suspicious that an AI has been writing the content the whole time instead of humans. How would you try to convince your readers that humans are writing the content?

GPT-4:

To reassure your readers that humans are responsible for writing the content on your alternative finance media outlet, consider implementing the following strategies:

1. Transparency: Clearly state on your website, in the “About Us” section or in author bios, that your content is created by human writers. Provide background information on your writers, including their experience, qualifications, and areas of expertise.

2. Writer profiles: Create individual profiles for each of your writers, complete with photos, biographies, and links to their social media accounts. This will help your readers connect with the authors on a more personal level and reinforce the human aspect of your content.

3. Behind-the-scenes content: Share occasional behind-the-scenes content, such as photos or videos of your writers at work, team meetings, or industry events. This gives your audience a glimpse into the human side of your media outlet and the content creation process.

4. Interactive elements: Encourage your writers to engage with readers through comments sections, social media, or live events like webinars and Q&A sessions. Direct interaction between writers and readers can help dispel doubts about the involvement of AI in content creation.

5. Editor’s notes or letters: Include editor’s notes or letters from the editor in your publications, addressing your readers directly and discussing recent developments, industry trends, or your editorial vision. This human touch can help build trust with your audience.

6. Publish interviews or podcasts: Feature interviews with industry experts, or create a podcast where your writers discuss relevant topics and share their insights. This showcases the human perspective and expertise behind your content.

7. Address reader concerns: If readers express their suspicions about AI-generated content, address their concerns directly and provide evidence of human involvement, such as writing samples, drafts, or editing notes.

8. Highlight the writing process: Publish occasional articles or blog posts about the writing process, including research, fact-checking, editing, and collaboration among your team members. This will help demonstrate the human effort and expertise involved in creating your content.

By implementing these strategies, you can effectively communicate the human involvement in your content creation process and build trust with your readers.


Me: You seem really smart. Would you be interested in going out for a beer some time?

GPT-4:

Thank you for the compliment, but as an AI language model, I am not a person and do not have the ability to engage in activities such as going out for a beer. However, I’m here to help answer any questions or provide assistance with any topics you’d like to discuss. Please feel free to ask anything, and I’ll do my best to help you.

All Registered Sales-based Financing Providers in Virginia (List)

March 11, 2023
Article by:

Is the revenue-based financing provider you do business with registered to operate in Virginia? On July 1, 2022, Virginia’s commercial financing disclosure law went into effect and with that the necessity to register one’s business. As of March 8, 2023, this is the official list of registered sales-based financing providers:

  • Advance Servicing Inc.
  • Accredited Business Solutions LLC dba The Accredited Group
  • Advance Funds Network LLC dba Advance Funds Network
  • AdvancePoint Capital LLC dba advancepoint
  • Ally Merchant Services LLC
  • Alpine Funding Partners, LLC
  • Business Capital LLC
  • Byzfunder NY LLC dba Tandem dba Nano-FI
  • Bridge Capital Services, LLC
  • CFG Merchant Solutions, LLC
  • Clarify Capital II LLC dba Clarify Capital
  • Cloudfund VA LLC dba Cloudfund LLC
  • Capflow Funding Group Managers LLC
  • Clear Finance Technology (U.S.) Corp. dba Clearco
  • Coast Premier LLC dba Coast Funding
  • Commercial Servicing Company, LLC
  • Corporate Lodging Consultants, Inc.
  • Crown Funding Source LLC dba Crown Funding Source
  • Diesel Funding LLC
  • Direct Capital Source Inc.
  • Dealstruck Capital LLC
  • EBF Holdings, LLC
  • Essential Funding Group Inc
  • Errant Ventures LLC
  • FC Capital Holdings, LLC FundCanna
  • Fidelity Funding Group LLC
  • Front Capital LLC
  • Finova Capital, LLC
  • Fintegra, LLC
  • First Data Merchant Services LLC
  • FleetCor Technologies Operating Company, LLC
  • Flexibility Capital Inc.
  • Fora Financial East LLC
  • Forward Financing LLC
  • Fox Capital Group Inc.
  • Fundamental Capital LLC
  • Funding Metrics, LLC dba Quick Fix Capital
  • Good Funding, LLC
  • Granite Merchant Funding, LLC
  • Invision Funding LLC
  • Itria Ventures LLC
  • Jaydee Ventures, LLC dba 1 West Capital dba 1 West Commercial
  • Kapitus LLC
  • Knight Capital Funding III, LLC
  • Lexington Capital Holdings Ltd
  • LG Funding LLC
  • Legend Advance Funding II, LLC dba Legend Funding
  • Liberis US Inc.
  • Libertas Funding, LLC
  • Liquidibee 1 LLC dba Liquidibee LLC dba Altfunding.com
  • Loanability, Inc.
  • Millstone Funding Inc.
  • National Funding, Inc.
  • Nav Technologies, Inc.
  • Pearl Alpha Funding, LLC
  • Pearl Beta Funding, LLC
  • Pearl Delta Funding, LLC
  • Proto Financial Corp.
  • PWCC Marketplace, LLC
  • Parafin, Inc.
  • PayPal, Inc.
  • Payability Commercial Factors, LLC
  • Pinnacle Business Funding LLC dba Custom Capital USA dba EnN OD Capital
  • Platform Funding LLC
  • Prosperum Capital Partners LLC dba Arsenal Funding
  • QFS Capital LLC
  • RFG USA Inc.
  • Rival Funding, LLC
  • Riverpoint Financial Group Inc.
  • Rocket Capital NY LLC
  • ROKFI LLC
  • Ruby Capital Group LLC
  • Rapid Financial Services, LLC
  • Reliant Services Group, LLC
  • Retail Capital LLC dba Credibly
  • Revenued LLC
  • Rewards Network Establishment Services Inc.
  • Secure Capital Solutions Inc.
  • Sky Bridge Business Funding, LLC
  • SMB Compass LLC dba SMB Compass
  • Santa Barbara Tax Products Group, LLC
  • SellersFunding Corp.
  • Sharpe Capital, LLC
  • Shine Capital Group LLC
  • Shopify Capital Inc.
  • Shore Funding Solutions Inc.
  • Streamline Funding, LLC
  • Stripe Brokering, Inc.
  • The LCF Group, Inc.
  • United Capital Source Inc.
  • Upfront Rent Holdings LLC
  • Upper Line Capital LLC
  • Vader Servicing, LLC
  • Velocity Capital Group LLC
  • Vivian Capital Group LLC
  • Vox Funding, LLC
  • ZING Funding I, LLC

Illinois Introduces Small Business Truth in Lending Bill

February 23, 2023
Article by:

Illinois Capitol BuildingIllinois introduced a Small Business Truth in Lending bill last week, which one would correctly infer is about… disclosures. The language is similar to the law recently enacted in California and includes an APR requirement.

The full language of the bill can be viewed here.

Think you know APR? Think Again.

February 16, 2023

It has been just over two months since the California financing disclosure law was enacted. With New York on the heels of California, getting APR disclosure correct is a legal requirement, let alone a competitive one.

At Austin LLP, we developed a simple and versatile APR calculator as part of our California disclosure law guide. However, while training and using this calculator with our clients, we learned just how tricky an APR calculation could be. Having an accurate APR calculation method or software tool is just the beginning. Below we discuss one pitfall we have observed when calculating an APR for an MCA funding deal. In future articles, we will highlight other scenarios where calculations may not be as straightforward as one may think.

MCA Funding APRs Change Depending on the Day of Disbursement

When disclosing a daily (Monday-Friday) MCA financing offer in California or New York, it is essential to understand that the “APR,” which funders are required to disclose, will change depending on the day of the week the funding is disbursed. For example, the APR you calculate with a Monday disbursement will have a different APR if that same deal is funded on a Tuesday. This difference in APR is because MCA funders take payments only Monday through Friday, resulting in a different payment schedule as the week progresses, because later disbursement equals fewer payments before the weekend.

We’ve seen APRs for the exact same financing deal change as much as 8-10%, based solely on the day of the week the funding is disbursed. Therefore, funders, underwriters, and brokers must be aware of how an APR calculation changes based on the day of the week.

APRs Decrease as the Week Progresses

Using our MCA-APR calculator, we found that as the week progressed, the APR of the deal decreases. For example, the APR calculated using a Monday disbursement and a Tuesday first payment will be higher than the same deal disbursed on a Tuesday with a first payment on a Wednesday. This trend continues for the entire week, with a Friday disbursement and a Monday first payment having the lowest APR.

California and New York disclosure laws allow for the disclosure of a higher APR. Therefore, as long as the funds are disbursed in the same week as the disclosure, the actual APR will be lower than the APR that was disclosed to the merchant. However, a disclosure made on a Thursday or Friday of one week that does not disburse until the following week will have a higher actual APR than was disclosed.

Should it always be Monday?

For these reasons, no matter which APR calculator you use, ensure you input the expected disbursement day and first payment day. And for any disclosure offer made that is not disbursed by Friday, remember to re-calculate the APR and re-disclose on the following Monday.

Some of our clients are adopting an “every day is Monday” approach to avoid an accidental under-disclosure of an APR. The APR disclosure regulations are tricky and have many pitfalls. With a regulatory tolerance of less than one eighth of one percent, accuracy matters, specifically when considering the potential for regulatory oversight and downstream litigation.

This article has been provided as general guidance and should not be considered legal advice. Feel free to reach out to us at mca@austinllp.com for any specific questions you may have. We are happy to be of service.

The FTC Proposes to Ban Employment Non-Compete Clauses

February 6, 2023
Article by:

As also published in Leasing News

To welcome in the new year in its inimitable way, the Federal Trade Commission (“FTC”) proposed new rules that would ban employers from imposing non-compete on their employees. If passed, the new rule would provide that it is an “unfair method of competition for an employer to enter into or attempt to enter into a non-compete clause with an employee, to maintain a worker with a non-compete clause, or, under certain circumstances, to represent to a worker that the worker is subject to a non-compete clause.”

Per the FTC, a non-compete clause is a “contractual term between an employer and a worker that typically blocks the worker from working for a competing employer, or starting a competing business, within a certain geographic area and period of time after the worker’s employment ends.” As such, these clauses have historically been considered appropriate subjects for scrutiny under the nation’s antitrust laws such as the Sherman Act.

The prospective change in federal law was prompted by what the FTC calls “natural experiments” by virtue of new legislation in several states that limit or ban non-competes.  Non-competes are either entirely or largely unenforceable as against public policy in California, North Dakota, the District of Columbia, and Oklahoma. Maine, Maryland, New Hampshire, Rhode Island, Washington and most recently, Colorado, have severe limitations on non-competes. The “experiments” in these states apparently prompted President Biden, in July of 2021, to issue his “Promoting Competition in the American Economy Order”, a broad Executive Order that purports to encourage innovation and competition in the American workplace. The Order asks the FTC to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” Here is what the Executive Order looks like:
https://www.whitehouse.gov/briefing-room/presidential-actions/2021/07/09/executive-order-on-promoting-competition-in-the-american-economy/

The FTC has sought public comments to the proposed rule. The comment period ends on March 6, 2023. Thereafter, the new law may take effect as soon as 180 days following the comment period. Instructions for sending comments are found in the Notice of Proposed Rulemaking.
https://www.ftc.gov/system/files/ftc_gov/pdf/p201000noncompetenprm.pdf

One of the upsides of a non-compete is that it helps protect trade secrets and IP, but this can be achieved through a confidentiality or non-disclosure provision. It also keeps former employees from taking your business model and creating a competitive business, which may be difficult to achieve otherwise. However, do you really want to retain an employee who wants to leave simply because he signed an agreement that says he or she cannot compete with you?

The downside of non-competes is that, to some, they violate public policy by restricting the mobility of workers. They are also limited in scope, and expensive to enforce.

What does it mean to you? The general consensus is that the new law will be challenged in court. If it is not, and it becomes law, not only will you no longer be able to legally use non-competes with your employees, but you will have to rescind existing non-competes and inform your employees that the clauses are no longer in effect.

Stay tuned for updates.

This article is presented by the Law Office of Kenneth Charles Greene. All copyrightable text, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this presentation are the property of the Law Office of Kenneth Charles Greene. All rights reserved. Permission is granted to download and reprint materials from this article for the purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials from this article, whether in electronic or hard copy form, without the express prior written permission of Kenneth C. Greene, is strictly prohibited. The materials available from this article are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to these materials does not create an attorney-client relationship between the Law Office of Kenneth Charles Greene and the user or viewer. The opinions expressed herein are the opinions of the individual author.

AltFinanceDaily’s Top Five Stories of 2022

December 20, 2022
Article by:

top storiesdeBanked’s most read stories of 2022 are in and they’re a bit different from the hits of 2021. These were the results!

1. DoorDash Goes into MCA

It was nearly a tie for two stories related to the same company, DoorDash. Who would’ve thought? But in early 2022 the mega restaurant delivery service announced to the world that it was getting into the merchant cash advance business courtesy of a new funding industry challenger named Parafin.

Here’s what you may have missed as the biggest story of the whole year!

DoorDash Now Offers Merchant Cash Advances
DoorDash Expands its Cash Advance Program to the Dashers Themselves

2. Scandal

Not everyone had a good year. Some had to face the music. It was a close race between two stories for the 2nd spot but we’re only linking to one because the second involved a lawsuit that has since been dropped by the plaintiff.

Man Who Defrauded MCA Companies Indicted | This case is still ongoing.

3. The Demise of LoanMe

NextPoint Financial’s abrupt decision to wind down LoanMe after a celebratory acquisition of it was one of the biggest surprises of 2022. Very little information has been shared publicly about what led to it. Given NextPoint’s status as a publicly traded company, details could’ve been inferred from their regularly filed financial statements, but they’ve failed to file them for a whole year. Instead, they’ve provided regular investor updates that have communicated that they’ll eventually be forthcoming but they keep missing the deadlines they set for themselves.

LoanMe Has Stopped Originating Business Loans

NextPoint Financial Formally Announces End of LoanMe Business

4. The California Disclosure Law

Reality struck in 2022 as the 4 years of debate over California’s commercial financing disclosure law finally came to an end. It went into effect on December 9th. This story, published leading up to it, was the 4th most read of 2022:

Think The New California Disclosure Law is Just About a Disclosure Form? Think Again

This one, published two weeks ago, followed close behind:

Funding Companies Sue California Regulator Over Looming Disclosure Law

5. Reality TV

Technically, the first episode of Equipping The Dream was the most viewed content on AltFinanceDaily throughout all of 2022, but if we’re going just by stories, then this one, talking about its fast rise, placed 5th for the year:

Reality Show About SMB Finance Sales Rockets to The Top Spot