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Why Funders Keep Calling After Your First MCA

By Spencer HoltOctober 23, 202627 min read

Your first advance put your business on a list. Here is how MCA lead lists are built, which calls and texts the law limits, and how to check any offer against the debits you already pay.

Two hands holding a smartphone beside a paper coffee cup
The calls and texts can start after the first advance funds. Knowing where they come from makes them easier to sort.Photo: Hands-coffee-smartphone-technology (23698591814) by www.Pixel.la Free Stock Photos, CC0, via Wikimedia Commons
SH
Spencer Holt Senior Debt Relief Advisor · Hamilton & Merchant
Published October 23, 2026 · 27 min read

Funders and brokers keep calling after your first merchant cash advance because that advance can put your business on a sales list. When a funder files a public UCC financing statement naming your business, data sellers can package the new filing as an "MCA lead," and brokers who buy those leads are paid commissions on deals they place. If you are wondering whether any of those offers is a lifeline or a second hole, read on.

Picture an owner like Dale, who runs a three-bay auto repair shop. In March he took one advance: $60,000 funded against $84,000 of payback, collected at $600 every business day from a checking account that takes in about $4,000 on a normal weekday. He signed, the money landed, and he went back to brake jobs.

By May his cell phone was lighting up twelve or fifteen times a week. "You're pre-approved for $150,000." "Second position available, funds by Friday." "Consolidate everything into one low weekly payment." Texts at 7:40 in the morning, emails with his shop's name in the subject line, a glossy letter with a check-shaped graphic on the front. Dale had one advance and hadn't told a soul. So how did all these people know?

It's a fair question with a plain answer. Your first advance may have made you a lead, and a lead is a product that gets bought and sold. Once you see how that market works, you can decide which calls deserve a minute of your time. Let's cut to the chase.

How did all these funders get my number?

Funding outreach can come from three sources: public UCC filings that data sellers turn into lead lists, applications and web forms that get passed or sold to other companies, and older leads that are resold for months. The callers are often brokers rather than funders, and they may have found you because someone sold them your name.

Start with the filing. When a funder buys a share of your future receivables, it may file a UCC-1 financing statement with your state's filing office. That filing is public. It names your business, gives a mailing address, names the funder, and describes the collateral. It doesn't usually include your cell number, so anybody calling off a filing matched your business to a phone number somewhere else: your website, a business directory, a data broker, or an application you filled out once.

The second source is the application. If you applied through a broker or filled out a "see how much you qualify for" form, your name, revenue, phone and email went into somebody's system. The Federal Trade Commission has warned small businesses that some companies may look like they offer financing when what they really do is sell your information to third parties.

The third source is time. A lead doesn't expire when the first broker gives up. It can be resold as an "aged" lead to a buyer happy to pay less and dial it again. That's one reason the calls may not taper off after a month.

A hand holding a smartphone over a desk with a laptop, a notebook and pencils
Every unsolicited offer pulls the owner away from running the business.Photo: Woman holding mobile phone with laptop and colorful pencils on table by Chris Adamus, CC0, via Wikimedia Commons

What is an MCA lead?

An MCA lead is a business owner's name and contact details, packaged and sold to people who sell merchant cash advances. It might be a raw record from a public filing, an owner who filled out a form, or a live phone call handed off in real time.

A federal appeals court laid out the vocabulary in 2025. In Insurance Marketing Coalition v. FCC, the Eleventh Circuit explained that identified consumers and their contact information are called "leads," the companies that collect them are "lead generators," and those generators often sell leads both to the merchants who sell the product and to "lead aggregators" that buy from many generators and repackage the leads for sale again. Swap "consumer" for "small business" and you have the MCA lead market in one paragraph.

Vendors advertise MCA leads openly, in a few flavors:

  • Callback leads. An owner filled out a form, and the buyer gets the record fast so a salesperson can call back.
  • Live transfers. Somebody already has the owner on the line and hands the call to a buyer's salesperson.
  • Aged leads. Older records sold cheaply to anyone willing to keep dialing.
  • UCC leads. Records built from new financing statements, sorted by state, filing date and the funder named.

If any of the words on these calls are new to you, our MCA glossary defines them, from "factor rate" to "position."

The minute your first advance hit the public record, you stopped being only a customer and started being a product somebody else could sell.

A salesperson calling off a lead list doesn't know your margins, your season or your bank balance. He knows you took money once and might take it again. Every pitch is built on that one fact, and none of it is built on what's good for your shop.

The office of the Georgia Secretary of State inside the state capitol
Financing statements are filed with the office each state's law names, and anyone can ask what is on file for a business.Photo: The office of the Georgia Secretary of State inside the capitol building by Harrison Keely, CC BY 4.0, via Wikimedia Commons

How does a UCC filing turn into a sales list?

A UCC financing statement is a public notice that a creditor claims an interest in a business's assets, and state filing offices must tell anyone who asks what is on file for a business. Several states also sell new filings in bulk, daily or weekly, and that bulk data is the raw material for UCC leads.

What the filing shows

Under Article 9 of the Uniform Commercial Code, a financing statement is sufficient if it gives the debtor's name, the secured party's name, and a description of the collateral. A filing office can also refuse a filing that leaves out the debtor's mailing address. So an accepted filing normally carries your business name, a mailing address, and the name of the company that funded you or its representative. That same filing is what lets a funder claim your receivables; our piece on how a UCC lien lets a funder reach a bank account covers that side.

Who can look it up

The Code tells the filing office to make available, "to any person that requests it," whether financing statements naming a particular debtor are on file and what each one says. In Florida, the filing office for most financing statements is the Florida Secured Transaction Registry, and Florida's statute says the office makes an image of each filed record available on its database. You can search your own business there, and so can anyone else.

How it gets sold in bulk

The uniform text of the Code says that at least weekly the filing office shall offer to sell or license copies of all its filed records to the public in bulk, and each state writes its own version. Texas sells a monthly snapshot of its whole database and a Daily Filing Update, and its help page lists what the records contain: debtor name and address, secured party name and address, filing and expiration dates, and the collateral description. Washington lets a buyer subscribe to weekly updates of the records filed the week before.

$90 a day

The Texas Secretary of State's price for a Daily Filing Update with data and images, the file that shows every new debtor name, address and secured party filed that day.

Source: Texas Secretary of State, SOSDirect help, UCC bulk orders

Data sellers do the rest. One vendor pitches its UCC feed to MCA sales teams, among others, as a way to reach a business "the week it borrows money, leases equipment, or takes a merchant cash advance," and includes a field flagging businesses with several prior filings. In other words, a business with several filings is sold as a better prospect for the next one. A filing goes on the record, a state sells the day's filings, a data seller matches whatever contact details it can find, and a broker's dialer can be calling soon after.

Who sells MCA leads and who buys them?

Lead generators and data sellers sell them; brokers, also called independent sales organizations or ISOs, buy them; and some funders buy leads or live transfers for their own sales teams. An FTC staff report noted forum panelists' observation that MCA providers often rely on large networks of brokers and lead generators that market through telemarketing and other channels, often paying them large commissions for leads.

Think of a chain with four links: the source (public data, web forms, ads, cold calls), the packager (a lead generator or aggregator that adds phone numbers and sorts by state and position), the broker (who calls, collects bank statements and submits your file), and the funder (who buys the receivables, writes the contract and makes the debits). You may talk to every link without knowing which one you're talking to. The person who calls often isn't the company whose name will be on the contract.

8%

Share of U.S. small employer firms that applied for a merchant cash advance in the prior 12 months; 38% applied for a loan, line of credit or cash advance of any kind.

Source: Federal Reserve Banks, Small Business Credit Survey: 2026 Report on Employer Firms

That explains the economics. MCA applicants are a small slice of all businesses, so a list of owners who already took one is valuable to whoever sells the next one. The same survey found the share of applicants seeking money from online lenders climbed from 17% in the 2020 survey to 29% in the 2025 survey. More owners shopping online means more forms and more data to sell.

FTC staff have also cautioned brokers, ISOs and lead generators that market MCAs to avoid false or unsubstantiated claims, and said a funder's use of middlemen doesn't shield it from liability under the FTC Act.

Does applying through a broker spread my information around?

It can. A broker may send your application, bank statements and contact details to several funders to compare offers, and the forms you sign may allow that sharing. How widely it goes depends on the broker and on the authorization language you signed.

There's a sensible side to it. A broker who shows your file to three funders might find a better offer than the first funder would have made. The trouble starts when you don't know where your file went, because every funder that sees it learns your revenue, your bank, your balances and how many advances you carry. Before you apply anywhere:

  • Read the consent paragraphs on the application for words like "affiliates," "partners," "third parties" and "marketing purposes."
  • Ask the broker, in writing, how many funders will see your file and which ones.
  • Don't fill out the same eligibility form on five websites in one afternoon. Each form is a potential lead sale.

Panelists at an FTC forum said funders often pay brokers and lead generators large commissions, which helps explain why the calls keep coming. Plenty of brokers do careful work. But the person on the phone gets paid when you say yes, not when your business is better off. In Florida, the Commercial Financing Disclosure Law says a broker may not collect or ask for an advance fee, may not make false or misleading statements, and must list an actual address and phone number in its ads. For commissions, points and renewal incentives in detail, read how MCA brokers are paid.

Some are and some aren't, depending on how the call was placed, what phone it reached and what was said. Federal law requires consent for autodialed or prerecorded calls and texts to cell phones, bans misrepresentations even in business-to-business telemarketing, and sets rules for commercial email, but it treats calls to business lines more loosely than calls to personal phones.

Cell phones. The Telephone Consumer Protection Act bars calls made with an automatic telephone dialing system or an artificial or prerecorded voice to a cell number without the called party's prior express consent, and the FCC has long read "call" to include text messages. The statute doesn't carve out business use, so the questions are what equipment or voice was used and whether you consented, often on a form you may not remember. A person can sue for actual loss or $500 per violation, whichever is greater, and up to three times that for willful or knowing violations. In 2023 the FCC adopted a rule limiting consent to one seller at a time, which would have made it harder for one web form to authorize calls from a long list of companies. On January 24, 2025, the Eleventh Circuit vacated that rule, holding the agency went beyond the statute. So a form you filled out once can still be the "consent" a caller points to.

What the caller says. For years the FTC's Telemarketing Sales Rule mostly left business-to-business calls alone. On March 7, 2024, the FTC announced a final rule expanding its ban on misrepresentations to business-to-business telemarketing. The business exemption still exists, but it no longer covers the sections that prohibit misrepresentations and false or misleading statements.

Email. The FTC says the CAN-SPAM Act covers all commercial email and makes no exception for business-to-business email. Every message needs a valid postal address and a working opt-out, opt-outs must be honored within 10 business days, and each violating email can carry penalties of up to $53,088.

Kinds of funding outreach, the rules that apply, and what you can do
OutreachMain rulesWhat you can do
Cold call to a business lineTSR ban on misrepresentations; national Do Not Call rules generally don't cover businessesAsk to be put on the company's do-not-call list; note caller and time; block the number
Autodialed or prerecorded call to a cellTCPA prior express consent; caller identification rulesRevoke consent out loud; ask whom they call for; report at DoNotCall.gov
Text messageTreated as a call; STOP must be honored within 10 business daysReply STOP; forward spam to 7726; filter unknown senders
EmailCAN-SPAM covers business email; opt-out within 10 business daysUnsubscribe from senders you know; mark the rest as spam
Mailed "pre-approval" letterFTC Act ban on deceptive claims; state broker lawsRead "pre-approved" as an invitation to apply; check for a real address and phone
Live transfer from a brokerSame telemarketing rules; broker registration in Virginia and TexasAsk who placed the first call and whether you're now talking to a broker or the funder

This is general information, not legal advice. If you think you have a claim under these laws, talk to your own attorney who handles telephone and consumer protection cases.

Can I put my business on the Do Not Call list?

Not a business line. The FTC says the National Do Not Call Registry is for personal phone numbers, and business numbers aren't covered. A personal cell you register is treated differently, but if you use it for the business too, don't count your chickens.

The FCC's 2003 order creating the national list said the rules "will also not prohibit calls to businesses." The same order let wireless numbers onto the list and said the FCC would presume wireless subscribers who register are "residential subscribers," while noting that the presumption may need more proof at enforcement time. If your cell is in your own name, registering it at DoNotCall.gov takes a minute and may help. The FTC says the number appears the next day, sales calls can take up to 31 days to stop, and the registration never expires.

There's a second tool that doesn't depend on the registry. Under the FCC's rules, when a residential subscriber asks a company not to call, the company must honor the request within ten business days and keep honoring it for five years. And in Florida, the state's telephone solicitation statute says a telephone solicitor may not call, text or leave a voicemail for a consumer, business or donor who has told that solicitor they don't want those contacts, with exceptions written into the law. Saying "put me on your do-not-call list," and writing down who you said it to, takes ten seconds.

Myth Putting my business number on the Do Not Call Registry will end the funding calls.

Fact: The FTC says the registry is for personal numbers and business numbers aren't covered, and the FCC's 2003 order said the national rules do not prohibit calls to businesses. Internal do-not-call requests, STOP replies and call blocking are the better tools.

Myth Telemarketing rules only protect consumers, so a funding caller can say whatever he wants to a business.

Fact: Since the FTC's 2024 amendments, the Telemarketing Sales Rule's bans on misrepresentations and false or misleading statements reach business-to-business calls.

Myth Email rules don't apply when the email goes to a business address.

Fact: The FTC says CAN-SPAM covers all commercial messages with no exception for business-to-business email. Senders must include a postal address and honor opt-outs within 10 business days.

How do I make the texts and emails stop?

Reply STOP to texts, unsubscribe from emails sent by companies you recognize, and turn on your carrier's and your phone's filters. Under the FCC's rules, a STOP reply must be honored within ten business days, and for now any other reasonable way of saying you want no more texts counts too.

The FCC's revocation rule says a person may revoke consent by any reasonable method that clearly says they don't want more calls or texts. Replies of "stop," "quit," "end," "revoke," "opt out," "cancel" or "unsubscribe" count automatically. Those parts took effect April 11, 2025. The rules are changing again. On September 30, 2026, the FCC adopted an order that lets a caller name one exclusive way to opt out, though a text sender must still honor STOP and the other standard words. The same order replaces the delayed "revoke-all" provision: opting out of one telemarketing call or text will cover all of that caller's future telemarketing robocalls and robotexts. The changes take effect 30 days after the order is published in the Federal Register, a date still pending.

Florida adds a step of its own. Before suing over text solicitations under the state statute, the person who got them has to reply STOP to the number they came from, and the sender then has 15 days to quit. So in Florida, STOP comes first either way.

  • Forward spam texts to 7726, which spells SPAM. The FTC says carriers use those reports to block similar texts.
  • Turn on your phone's filter for messages from unknown senders, and don't click links in unexpected funding texts.
  • Check your carrier's call-blocking or call-labeling options. The FTC notes some are free and some charge a fee, and call-blocking apps work as a filter on cell phones.
  • Report unwanted calls through the streamlined form at DoNotCall.gov.
  • For email from senders you've never heard of, don't click anything. Mark it as spam and let the filter learn.

Quick check

You replied STOP to a funding text on a Monday. Eight business days later, the same sender texts you about a "new rate." Was the sender within the rules?

See the answer

Probably, though only just. The FCC gives a sender a reasonable time, not more than ten business days, to honor a STOP reply. If texts keep coming after that, keep dated screenshots; that record is what an attorney or a regulator will want to see.

Shop windows lit at dusk along Park Avenue in Winter Park, Florida
A business with a recent filing is exactly what a UCC lead list is built to find.Photo: Park Ave Shoppes 21 by Miosotis jade, CC BY-SA 4.0, via Wikimedia Commons

What does all this outreach do to a business?

It costs time, it wears on your judgment, and it makes a second or third advance feel normal. The calls are a nuisance. The bigger danger is saying yes on a bad week to an offer you would never have gone looking for.

Start with time. Fifteen funding contacts a week at three minutes each is 45 minutes a week, about 39 hours a year: a full work week spent on calls that didn't come from a customer. For an owner who is also the head mechanic, the bookkeeper and the first one in at 7 a.m., that's real.

Then there's the stress. Every call reminds you money is tight, and the pitch is always speed: funds tomorrow, approved today. On a slow Tuesday, when the debit has already gone out and payroll is Friday, speed sounds like relief. That's how stacking starts. A panelist at an FTC forum said businesses desperate for funding often seek out MCAs because they are quick and easy to get, then face long-term consequences, including being pushed to renew or to take several advances at once against the same receipts.

60%

Share of firms that borrowed from online lenders and said their actual costs came in higher than expected, compared with 37% at small banks and 32% at large banks.

Source: Federal Reserve Banks, Small Business Credit Survey: 2026 Report on Employer Firms

That gap between expectation and reality is where trouble lives. The same survey found high rates and unfavorable repayment terms were the most common problems owners reported with online lenders. A phone pitch makes the yes easy; the cost shows up later, one business day at a time.

None of this makes merchant cash advances bad tools. For a profitable business with healthy margins and a clear use for the money, one advance can do what it promises; our guide on when MCAs make sense and when they don't lays out the test. The problem the phone creates is misuse: spending tomorrow's sales to cover a loss from yesterday. For the wider picture, read how a merchant cash advance affects your business.

What does a second-position advance really cost?

A second-position advance is a new advance taken while the first is still being paid, so it draws on the same deposits and stands second in line. Its real cost is its own payback plus the squeeze of two debits on one checking account.

"Position" is the order of the funders: first position was there first, second came next. Each funder prices its advance on its own view of the risk, and a business with an existing daily debit is a different picture from one with none. So don't judge a second-position offer by its headline. Judge it by what it does to the account. Here are Dale's numbers, round and made up to show the math:

  1. His first advance takes $600 a business day from deposits that average $4,000 a day: 15% of deposits.
  2. A broker offers $30,000 in second position, with $45,000 of payback over 80 business-day payments: $562.50 a day.
  3. A $1,500 fee comes out before funding, so Dale receives $28,500.
  4. His combined debit becomes $1,162.50 a day, or 29% of deposits, nearly double the share he had.
  5. The second advance costs $45,000 minus $28,500, or $16,500, for the use of $28,500 for about four months.

If the shortfall was a one-time repair bill, maybe that works. If the shortfall was the first advance's debit, he just paid $16,500 to cover $600 a day, and his debit nearly doubled. That dog won't hunt.

Quick check

Your deposits average $5,000 a day. Your first advance takes $500 a day, and a second-position offer would add $700 a day. What share of deposits would go to advance debits?

See the answer

24%. The two debits total $1,200 a day, and $1,200 divided by $5,000 is 0.24. Before saying yes, ask whether your margins can carry nearly a quarter of every deposit dollar leaving before rent, payroll, parts and taxes.

We've written about how that snowballs in how stacking happens, and our research team priced a five-advance stack in the stack cost model study.

What is a consolidation offer?

"Consolidation" can mean two very different things. Sometimes it's a new advance that pays off your existing advances and leaves one payment. Sometimes it's a "reverse consolidation," where a new funder sends you money each week to cover your existing debits while you repay the new funder, and the old advances stay in place. Make the caller tell you which.

Payoff consolidation. The new funder pays your current funders directly, and you owe only the new one. Ask how much goes to payoffs, how much reaches your account, and how the total payback compares with what you owe today. If the balances being paid off still include cost you agreed to on the old advances, and the new contract charges cost on that same money again, you pay twice for the same dollars. A renewal sets the same trap; we walk through the numbers in why refinancing an advance costs twice.

Reverse consolidation. Nothing is paid off up front. The new funder deposits money on a schedule to help cover your existing debits, and you repay it a larger total. Your old advances keep debiting until they're done. The weekly relief can feel real, but you've added a funder, not removed one. Our explainer on reverse consolidation shows what that does to the total owed.

A consolidation can still be a reasonable step if the new total payback is lower than staying put, the payment fits your deposits, and you won't stack another advance on top. Just see the numbers before the word "consolidate" does your thinking for you.

A homemade letter box with a No Junk Mail sign in a garden
You can cut the volume down. Some of it you can stop asking for, and some of it the law lets you refuse.Photo: NZ letter box 416 by sarang, Public domain, via Wikimedia Commons

How do I tell a real offer from noise?

A real offer comes from a named company with an address, arrives in writing with a total payback, the net amount you'll receive and a payment schedule, and gives you time to read it. Noise is a "pre-approval" with no numbers, a deadline of today, and a caller who won't say who he works for.

FTC enforcement cases show what misleading pitches have looked like. In 2021 the FTC announced a $9.8 million settlement with one cash advance firm over charges that included misleading businesses about how much funding they would receive. In 2022 a court order obtained by the FTC banned another firm and its owner from the MCA industry after allegations that its websites promised no personal guaranty while its contracts required one. In 2025 a business financing company and its CEO were banned from the field after the FTC alleged its ads touted "special relationships" with lenders and misled owners about its fees, while clients were charged thousands of dollars. Our study of FTC and state enforcement actions collects more.

Any offer that can't survive being written down wasn't much of an offer to begin with.

The common thread in those cases is a gap between what the marketing said and what the paperwork did. You can't investigate every caller, but you can sort them in a minute. If an offer earns even one item on the hang-up list, it goes in the trash.

  • Signs of a solid offer

    • The caller names himself, his company and the company the offer is for.
    • The offer arrives in writing with the amount funded, the amount you'll receive, the total payback and the schedule.
    • Fees taken out of the funding are listed in dollars.
    • The contract explains reconciliation and whether a personal guarantee is required.
    • You're given time to show it to your own accountant or attorney.
  • Signs to hang up

    • "You're pre-approved" before anyone has seen a bank statement.
    • Pressure to sign today or lose the deal.
    • The caller won't say whether he's a broker or the funder.
    • A fee requested before any funding.
    • No total payback, only a "low daily payment."

The FTC's own advice to small businesses lines up with that list: ask whether a deal requires a personal guarantee, ask what happens if a payment is missed, get written answers, and walk away from a salesperson who rushes you. To weigh an MCA against other ways to raise money, see our side-by-side of MCAs, lines of credit, term loans and SBA loans.

A calculator on a desk covered in printed forms, with a hand holding a pen
Before you answer any offer, put its numbers next to the debits you already pay.Photo: 45th CPTS photos (8046916) by U.S. Space Force photo by Airman Collin Wesson, Public domain, via Wikimedia Commons

How do I read the true cost of an offer before I say yes?

Write down five numbers: what you'll actually receive, what you'll pay back in total, how many payments, how much each is, and what all your advance debits add up to per day. The difference between the first two is the dollar cost, and the last one tells you whether your deposits can carry it.

The FTC's staff noted that finance companies describe cost in very different ways, as an APR, a "total cost of capital," an interest rate, fees or a factor rate, which makes comparison hard. Staff also cited Federal Reserve research finding that owners often underestimated their costs, and some assumed they'd save money by paying an MCA off early when the product didn't work that way. So translate every offer into the same five numbers:

  1. Net funding. What lands in your account after fees and payoffs. Florida's disclosure law requires providers to show the total funds provided and, if less, the amount disbursed, along with the total to be paid, the total dollar cost, the payment terms and any prepayment terms.
  2. Total payback. FTC staff described MCA payback as the advance plus a factor often between 20% and 50% of the amount advanced.
  3. Dollar cost. Total payback minus net funding. It matters most and gets mentioned least.
  4. Number of payments. Business days or weeks until the payback is complete.
  5. Combined debit. The new payment plus every existing debit, per business day, against your average daily deposits.

To compare with a credit line or bank loan, estimate a simple annual cost. Dale's second-position offer charges $16,500 on $28,500 received, about 58% of the money. Spread over 80 business-day payments, about a third of a year at roughly 250 business days, that's around 180% a year on a simple basis. Because he pays the balance down daily, he has the full $28,500 only at the start, so a true annual percentage rate would come out higher. An FTC staff report noted concerns that MCA costs can reach estimated APRs in the triple digits in some cases. Our walk-through of what an MCA costs when you do the math explains each step, and the MCA cost calculator runs it on an advance you already have.

Price isn't everything. Read the reconciliation clause, the personal guarantee, the fees for returned debits and the section on what happens if payments are missed; our guide to the contract clauses that matter goes line by line.

To check a new offer against your current debits and deposits, try the offer check below.

Interactive

Check an offer before you answer

Type in the offer on the table and the debits you already pay. The example numbers are made up; replace them with yours.

New daily debit
…
All debits per business day
…
Share of a day's deposits
…
Estimated annual cost
…
Cost of the offer
…

An estimate that assumes every payment is made on schedule; a contract with a reconciliation clause can change the timing. Runs in your browser. Nothing you type is sent or saved.

What questions should I ask any caller?

Ask who they are, who they work for, how they got your number, and what the offer costs in total dollars. A legitimate caller can answer all four in a couple of minutes, and for calls to residential numbers the FCC's rules already require telemarketers to give the caller's name, the company they're calling for, and a phone number or address.

Keep this list by the phone, and hold your horses on any answer until you've got them all:

  1. What's your name, your company, and the company this offer is for?
  2. Are you a broker or the funder, and where did you get my number?
  3. If you're a broker, are you registered in my state, and how are you paid on this deal?
  4. How many funders will see my file?
  5. What's the amount funded, what will I receive after fees, and what's the total payback?
  6. How many payments, how often, and how much each? Is there a discount for paying early, in the contract?
  7. How does reconciliation work if my sales drop?
  8. Is there a personal guarantee or a confession of judgment?
  9. Will you put all of this in writing before I sign anything?

Reconciliation is the clause that's supposed to let your payment follow your sales, and FTC staff have said it would be concerning, and potentially unlawful, for a funder to fail to adjust payments when the contract promises it; see the reconciliation right. A personal guarantee puts your own assets behind the business's promise, which is why personal guarantees deserve their own read. And a confession of judgment can let a funder skip steps in court, so know whether one is in the papers.

What if I already took a second or third advance?

Then the most useful thing you can do is stop the stack from growing and get an exact picture of what you owe and what leaves each day. Each new filing can bring more calls, and each new offer adds a debit on top of the ones you already carry.

Start with a one-page list. For each advance: funder, date, amount funded, total payback, payment and frequency, and the balance left, pulled from the funder's statements rather than memory. Our guide on figuring out what you actually owe shows how. Then add up the combined debit and divide by your average daily deposits for the last three months. If that share keeps climbing, or you've taken an advance to cover another advance's payments, take it seriously; our list of signs an MCA is sinking the business helps you judge.

Check whether your contracts give you a reconciliation right and whether you've used it. And decide that the next answer to a funding call is no until you've seen the whole picture. Not forever, just until you know whether one more advance helps or hurts. That one decision does more than any call blocker.

Which state laws cover MCA brokers?

A growing number of states require commercial financing providers, and in some cases brokers, to register, disclose costs or follow conduct rules. Florida, Virginia and Texas each have rules that reach brokers directly.

  • Florida. The Commercial Financing Disclosure Law defines a broker as someone who arranges a commercial financing transaction for compensation, a term that includes accounts receivable purchase transactions. Providers must disclose the total funds provided, the total to be paid, the total dollar cost and the payment terms. The Attorney General enforces it, with a fine of $500 per incident.
  • Virginia. Every sales-based financing provider and sales-based financing broker must register with the State Corporation Commission and renew each year by September 15.
  • Texas. HB 700, effective September 1, 2025, requires commercial sales-based financing providers and brokers to register with the Office of Consumer Credit Commissioner, with existing businesses registered no later than December 31, 2026, and sets a civil penalty of $10,000 per violation. It also bars a provider or broker from setting up automatic debits unless it holds a perfected first-priority security interest in the account.

That Texas deadline is close. From 2027, a broker calling a Texas business should be able to say he's registered, and you can ask. For the full picture, see our study of state commercial financing and MCA laws. A disclosure law gives you numbers to read; it doesn't decide whether an offer is good for you. And whether a given MCA contract is treated as a sale of receivables or something else is a question courts decide by looking at that contract's actual terms, so take specific contract questions to your own attorney.

When to get help with merchant cash advance debt

Get outside help when the advances are deciding how you run the business instead of the other way around: when the combined debit crowds out payroll, rent or taxes, when you're weighing a new advance to cover an old one, or when a funder has sent a demand letter or filed a lawsuit. Hamilton & Merchant offers a free, confidential first conversation to help you understand where you stand.

Signs it's time

  • Your combined debits leave you short most weeks.
  • You've taken, or are thinking about taking, an advance mainly to make the payments on others.
  • You've had returned debits, or you shuffle money each morning to cover them.
  • You're behind on payroll taxes, sales tax or rent because the debits come first.
  • A funder has sent a demand letter, contacted your customers, or served you with a lawsuit.
  • You've stopped opening the mail because you're afraid of what's in it.

If a lawsuit has been filed, call your own attorney now; answer deadlines are short. Our guide to the first 30 days after being sued by a funder explains why.

What a first conversation covers

A good first conversation is about understanding, not selling. You'll walk through what you owe and to whom, what goes out each day or week, what comes in, and what you need the business to do next year. Then it covers the kinds of help that fit, which can include talking with your funders yourself, a restructuring or settlement approach through a qualified provider, a bankruptcy attorney, or a tighter cash plan. Some funders agree to a settlement and some don't, and results vary. Our page on how a first conversation works lays out the steps.

What to bring

  • Every MCA contract, including renewals, amendments and addenda.
  • The last three months of business bank statements.
  • A list of every advance with its daily or weekly debit and the balance the funder shows.
  • Any demand letters, court papers or letters sent to your customers.
  • A rough monthly picture of sales, payroll, rent and taxes.

For a quick first read before you talk to anyone, the free MCA diagnostic asks a few questions and gives you a plain read on the situation.

What good help never does

  • Promise a result, a dollar amount or a percentage before anyone has read your contracts.
  • Charge you before doing any work.
  • Tell you to ignore a lawsuit, a court paper or a deadline.
  • Pressure you to decide on the first call, or claim a government connection.

Whoever you talk to, vet them first; our checklist for vetting a business debt relief company has the questions. Hamilton & Merchant is not a law firm or a CPA firm, and nothing here is legal or tax advice; for those questions, use your own attorney and CPA. To talk it through, call Hamilton & Merchant for a free, confidential first conversation at (407) 993-1416.

What to do this week

You can't make every funding call disappear, but you can turn the flood into a trickle and make sure the next yes, if there is one, comes with numbers in front of you. Here's a week to get your ducks in a row.

  1. Monday: count. Tally every funding call, text, email and letter this week, with the company name if they give one.
  2. Monday: write down your numbers. Amount funded, total payback, payment, frequency and balance for every advance, plus your average daily deposits for the last three months.
  3. Tuesday: reply STOP. Reply STOP to every funding text and forward obvious spam to 7726. On calls you answer, ask for the company's do-not-call list and note the date and name.
  4. Tuesday: set up filters. Turn on your phone's unknown-sender filter, check your carrier's blocking options, and open a financing-only email address.
  5. Wednesday: look yourself up. Search your business at your state's UCC filing office, in Florida the Florida Secured Transaction Registry, and see which funders are named. That's the record the list sellers see.
  6. Thursday: clean up paid-off filings. If an advance is paid in full and its filing is still on record, send the funder a written demand for a termination statement. When nothing remains owed, the Uniform Commercial Code gives the funder 20 days after your demand to send or file one; our guide on getting a UCC lien removed after payoff has the steps. A terminated filing can still show up in a search until its original five-year lapse date, and the office keeps the record at least a year after that, so some calls may linger.
  7. Friday: make a rule. No funding decision gets made on the phone. Any offer worth considering comes in writing, gets run through the five numbers, and waits at least one night.

Dale's phone didn't go quiet overnight. But once he knew why it rang, he stopped treating every call like an emergency. The next time a broker said he was pre-approved, Dale asked how the man got his number, wrote down the answer, and went back to finish a brake job. The ball's in your court now, and you've got better things to do than hear the same pitch fifteen times a week.

Questions and answers

Why do I get so many funding calls after taking a merchant cash advance?

Your first advance can put your business on sales lists. A funder may file a public UCC financing statement naming your business, filing offices must tell anyone who asks what is on file, and some states, such as Texas, sell each day’s new filings in bulk. Data sellers turn those records and online application forms into MCA leads, and brokers who buy them call to offer the next advance.

Can anyone see the UCC filing on my business?

Yes. A UCC financing statement is a public record, and the Uniform Commercial Code tells the filing office to report to any person who asks whether financing statements naming a particular debtor are on file and what each one says. A filing gives the business name, a mailing address, the funder or its representative, and the collateral. In Florida, most filings sit in the Florida Secured Transaction Registry.

Can I add my business phone number to the Do Not Call Registry?

No. The FTC says the National Do Not Call Registry is for personal phone numbers and business numbers are not covered, and the FCC’s 2003 order said the national rules do not prohibit calls to businesses. A cell phone in your own name can be registered, but whether a phone also used for business is protected is not settled. Asking each caller to put you on its own do-not-call list is a separate step.

How long does a sender have to stop texting after I reply STOP?

Under the FCC’s rules, a STOP reply must be honored within a reasonable time that cannot exceed ten business days. Replies such as stop, quit, cancel or unsubscribe count as revoking consent. In Florida, the telephone solicitation law also requires a STOP reply before suing over text solicitations, and the sender then has 15 days to quit. Keep dated screenshots of any texts that keep coming.

Do telemarketing rules apply to funding calls made to a business?

Partly. The Telemarketing Sales Rule exempts most business-to-business calls, but since the FTC’s 2024 amendments that exemption no longer covers the bans on misrepresentations and false or misleading statements. Autodialed or prerecorded calls and texts to a cell phone also need prior express consent under the Telephone Consumer Protection Act. This is general information, not legal advice, so take a specific call to your own attorney.

Should I take a second-position advance to cover my first one?

Run the numbers before deciding. Add the new daily debit to the one you already pay and divide by your average daily deposits. In a hypothetical example, a $600 debit on $4,000 of daily deposits takes 15%, and adding a $562.50 second debit raises it to about 29%. Taking a new advance to make the payments on another is how stacking starts. Hamilton & Merchant offers a free, confidential first conversation at (407) 993-1416.

Do MCA brokers have to register with the state?

In some states. Virginia requires sales-based financing providers and brokers to register with the State Corporation Commission and renew each year by September 15. Texas HB 700 requires commercial sales-based financing providers and brokers to register with the Office of Consumer Credit Commissioner, with existing businesses registered no later than December 31, 2026. Florida bars brokers from charging advance fees and requires a real address and phone number in their ads.

Buried in offers and daily debits?

Call Hamilton & Merchant at (407) 993-1416 for a free, confidential first conversation, or send us a message. No pitch and no obligation. Hamilton & Merchant is not a law firm, and nothing here is legal or tax advice.

Sources

  1. Cornell Law School Legal Information Institute, UCC 9-502, Contents of financing statement.
  2. Cornell Law School Legal Information Institute, UCC 9-516, What constitutes filing.
  3. Cornell Law School Legal Information Institute, UCC 9-523, Information from filing office; sale or license of records.
  4. Cornell Law School Legal Information Institute, UCC 9-513, Termination statement.
  5. Cornell Law School Legal Information Institute, UCC 9-515, Duration and effectiveness of financing statement.
  6. Cornell Law School Legal Information Institute, UCC 9-522, Maintenance and destruction of records.
  7. Florida Legislature, Florida Statutes s. 679.5011, Filing office.
  8. The Florida Senate, Florida Statutes s. 679.523 (2025).
  9. Texas Secretary of State, SOSDirect help, UCC bulk orders.
  10. Texas Secretary of State, UCC Bulk Order.
  11. Washington State Legislature, WAC 308-391-108.
  12. Apify, UCC Filing Leads product page (vendor description).
  13. Built In LA, MCA lead vendor company profile (vendor description).
  14. Federal Trade Commission, "Strictly Business" Forum, Staff Perspective, February 2020.
  15. Federal Trade Commission Business Blog, Back to business #3: Looking for small business financing?, June 16, 2021.
  16. Cornell Law School Legal Information Institute, 47 U.S.C. 227, Restrictions on use of telephone equipment.
  17. Cornell Law School Legal Information Institute, 47 CFR 64.1200, Delivery restrictions.
  18. Hunton Andrews Kurth, Portion of TCPA Global Revocation Rules Further Extended, Now Effective January 2027.
  19. Federal Communications Commission, Report and Order FCC 26-67, CG Docket No. 02-278, adopted September 30, 2026.
  20. U.S. Court of Appeals for the Eleventh Circuit, Insurance Marketing Coalition Ltd. v. FCC, No. 24-10277, January 24, 2025.
  21. Federal Communications Commission, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, 68 Fed. Reg. 44144, July 25, 2003.
  22. Federal Trade Commission, National Do Not Call Registry FAQs.
  23. Cornell Law School Legal Information Institute, 16 CFR 310.6, Exemptions.
  24. Federal Trade Commission, FTC Implements New Protections for Businesses Against Telemarketing Fraud, March 7, 2024.
  25. Federal Trade Commission, CAN-SPAM Act: A Compliance Guide for Business.
  26. Federal Trade Commission, How To Block Unwanted Calls.
  27. Federal Trade Commission, How To Recognize and Report Spam Text Messages.
  28. The Florida Senate, Florida Statutes s. 501.059, Telephone solicitation (2025).
  29. The Florida Senate, Florida Statutes s. 559.9611, Definitions (2025).
  30. The Florida Senate, Florida Statutes s. 559.9613, Disclosures (2025).
  31. The Florida Senate, Florida Statutes s. 559.9614, Prohibited acts (2025).
  32. The Florida Senate, Florida Statutes s. 559.9615, Enforcement (2025).
  33. Virginia Legislative Information System, Code of Virginia s. 6.2-2230, Registration; authority to transact business.
  34. Texas Legislature, HB 700, 89th Legislature, enrolled text.
  35. Federal Reserve Banks, Small Business Credit Survey: 2026 Report on Employer Firms.
  36. Federal Trade Commission, Cash Advance Firm to Pay $9.8M to Settle FTC Complaint It Overcharged Small Businesses, April 22, 2021.
  37. Federal Trade Commission, FTC Action Results in Ban for Richmond Capital and Owner From Merchant Cash Advance and Debt Collection Industries, June 6, 2022.
  38. Federal Trade Commission, Seek Capital and CEO are Permanently Banned from Providing Business Financing, November 17, 2025.
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