IN ADVANCE CAPITAL

This is a search result page



Shopify’s Funding Automation Key to Its Growth

May 2, 2018
Article by:

shopify logoCanadian e-commerce company Shopify (NYSE:SHOP) has a business funding arm called Shopify Capital that issued $60.4 million in merchant cash advances in Q1 this year, according to the company’s earnings report yesterday.

The funding operation offers an MCA product exclusively to merchants that are customers of Shopify. The company helps small business owners create online stores, with products ranging from web design to marketing and analytics. Currently, Shopify supports more than 600,000 small businesses worldwide.

Shopify Capital was launched in April 2016, but a company representative said it wasn’t until April 2017 that it started using algorithms 100 percent to automate offers of capital to merchants.

“What Shopify can see is a lot of patterns in a merchant’s [online] store,” a company spokesperson told AltFinanceDaily. “How engaged is that merchant? What has their GMV (Gross Merchant Volume) been? How spotty is their GMV? How often do they sell? There’s a bunch of different factors that help us predict GMV going forward. And as [our] algorithm gets better and smarter, we are able to get more granular in our offers.”

Many of Shopify Capital’s small business owner clients are new business owners who would not qualify for loans from banks, but need money to expand their businesses.

“Business owners typically spend copious hours putting an application together and funds typically take two to three weeks to receive,” a different Shopify spokesperson said. “Shopify Capital is designed to provide our merchants with timely access to Capital without putting them through additional financial stress…[And] merchants receive financing based on our predictive technology to determine what makes sense for their business in their trajectory.”

Shopify was founded in 2004 and is headquartered in Ottawa, Canada.

 

Gale Force Twins

April 24, 2018
Article by:

storm cleanup

When hurricanes struck Florida and Texas, non-bank small business finance companies had to act

This story appeared in AltFinanceDaily’s Mar/Apr 2018 magazine issue. To receive copies in print, SUBSCRIBE FREE

As Hurricane Irma swept through the Caribbean and barreled toward the Florida Keys early last September, Wendy Vila, chief executive, at Unicus Capital evacuated her home in West Palm Beach and decamped to Panama City in the Florida panhandle where “it was just a little bit rainy.”

After safely waiting out Irma, she says, her return south was precarious. The roads were strewn with tree branches and other debris. Fuel was scarce. Many gas stations were either closed or posted signs reading “No Gas.” “Restaurants had run out of food,” Vila adds, “so there was nothing to eat” along the highway.

She returned to West Palm Beach but didn’t stay long. Instead, Vila again drove west, this time across the Florida peninsula to the South Florida city of Naples, not far from where Irma had made landfall. “I went there to volunteer with Samaritan’s Purse for two days,” she says, referring to the Boone, N.C.-based Christian organization that provides humanitarian aid to people in physical need. “Things were a lot worse there than in West Palm Beach,” she reports. “A lot of trees were down, houses were flooded and people had to throw all of their belongings out onto the street.”

Meanwhile, many of the Florida merchants whom Unicus funds were distressed. “If people had no power,” Vila says, “they couldn’t function. A lot of businesses had to close down. For some merchants in the affected areas,” she adds, Unicus extended “a 90-day grace period.”

Gas station with storm damage

Vila’s experience with Hurricane Irma – both professionally and personally — is not an isolated one. She is among several business lenders whom AltFinanceDaily interviewed about the storm and its aftermath. This article grew out of AltFinanceDaily’s Florida networking event at the Gale Hotel in South Beach in late January. We went back to many of the attendees as well as to other business-funders in The Sunshine State and sought out their experiences before, during and after the powerful tempest.

“I WAS TEN DAYS WITHOUT POWER”

At one point, Hurricane Irma was the strongest hurricane ever recorded in the Atlantic by the National Hurricane Center. As Irma took dead aim at Florida, it packed sustained winds exceeding 157 miles per hour, earning it the designation of a Category 5 storm, the highest and most destructive. It slammed into the Florida Keys as a Category 4 hurricane, reached the Gulf of Mexico, and then came ashore a second time on Florida’s west coast at Marco Island, just south of Naples, and began traversing the state as a Category 3 hurricane, gradually losing strength. By the time Irma exited Florida, it had been downgraded to a tropical storm. According to the National Hurricane Center, Irma caused an estimated $50 billion in damage in the U.S., making it the fifth-costliest hurricane to hit the mainland.

Financiers and brokers told personal stories of working with and assisting merchants across Florida who sought to regain their lost footing and keep from going — literally — underwater. In many cases, members of the alternative business financing community said, they were simultaneously assisting troubled merchants while they themselves struggled with Irma-occasioned troubles that ranged from inconvenience to hardship.

“I was ten days without power,” says Manny Columbie, funding manager at Axiom Financial, based in South Miami. Columbie, who lives in the residential Westchester district of Miami, not far from the campus of Florida International University, says that he conducts much of his business from his home. That power loss not only constrained his ability to keep working but posed a life-or-death situation for his family: Columbie’s 90-year-old grandmother, who lives with him and his girlfriend, depends on electrical power to operate her oxygen pump.

Hurricane Irma RadarFortunately, he says, he had a backup generator, the use of which alternated between providing power for his grandmother’s oxygen and the family’s refrigerator. Meanwhile, his roof was leaking and there was six inches of rainwater swamping the house — the water gushing into the kitchen through the laundry room, dishwasher and even the oven.

While Columbie saw instances of tempers growing short in Miami’s September heat, he was nonetheless cheered by the way his community responded. “Neighbors were coming by to see if I needed gasoline for my generator,” Columbie says. “People were firing up food on their outside grills. There was no air-conditioning or cold showers but we cooled off by jumping in a neighbor’s pool. I saw a lot of people coming together.”

At the same time, he was doing what he could to assist merchants who did business with Axiom. Only one – a retail clothing store in Miami – was permanently shuttered. One of his clients, Oscar Pratt, owner of Odessy Party Supplies in Miami Gardens, was grateful for a moratorium on daily payments.

“We’re in the business of selling party accessories for events from births to funerals and everything in-between,” Pratt says. “Baby showers, christenings, birthdays, quinceaneras, ‘Sweet Sixteens,’ graduations, weddings, and all kinds of themed parties like Halloween,” he says. “We sell plates and cups, candy bags, cake-toppers, small favors, pinatas…”

Pratt said he’d called his funders ahead of the storm and “requested some leeway” from payments. Once the storm hit – and for two weeks afterward while there was no electricity – the party-supply business was pretty much on hold. “We had a few days without electricity or phone,” he says. “We couldn’t open the doors and do business because we use computer-generated receipts. Our customer base was down to just about nothing. Without electricity, people weren’t working and they weren’t having parties.”

Following the two-week grace period, Pratt says that his funders, which included QuarterSpot, granted a second two-week period of leniency in which Odessy was allowed to make reduced payments. “It was very difficult,” he says. “There was no help from FEMA (Federal Emergency Management Agency) or from our insurance company since we’re on high ground and there were no physical damages, just the electricity.”

He reckoned that Odessy, which boasts annual revenues of $1.2 million, was deprived of roughly $50,000-$60,000 in sales because of Irma. Pratt reports that if his lenders had “played hardball” and demanded that he make his payments, he could have stayed in business thanks to “cash on hand” but it wouldn’t have been easy.

Meantime, his lenders’ forbearance was soon rewarded. By October, business was back to normal and he resumed making payments in full. “As soon as the lights went on,” Pratt says, “the parties started again.”

Similarly, says Paul Boxer, chief marketing officer at Quicksilver Capital in Brooklyn, the ultimate impact of Hurricane Irma on his firm’s funding business was to build trust and cement relationships with clients in South Florida. “We had a full team on board to answer the large number of calls coming in and to assist our merchants with any questions they had,” he says.

Wrightsville Beach SurfMany affected merchants, Boxer reports, were forced to evacuate ahead of the storm. When they returned, it was common for them to discover that their shops and stores sustained flooding damage from the heavy rains and a storm surge. Roofs were blown-off and structures were battered by 100-plus mile-an-hour winds, falling trees, and whipped-up debris. Even businesses that suffered little damage were paralyzed by the loss of electricity, impassable roads, and the absence of customers.

“Some were down for a few days,” Boxer reports. “Some were down a month to two months. We kept in touch. We were really on top of things with our merchants and asking them what they needed. We even fielded general safety questions and directed them on whom to call with insurance questions and other related business questions. It was good business,” he adds, “because it showed you cared. We were looking to do the right thing by our merchants and they appreciated it.”

Quicksilver typically offered merchants a two-to-three week “reprieve” on payments, Boxer says. For those businesses and entreprenuers whose operations were “completely out of commission” and needed more time, he says, the company suspended payments for as long as two months.

In the end, Quicksilver’s policy of forbearance reaped dividends. It not only built up good will with its customer base but also with the Independent Sales Organizations (ISOs) who’d brokered many of the firm’s Florida deals. “We helped grow that relationship,” Boxer says of the merchant-ISO connection. “They (ISOs) love getting renewals. It’s been a win-win for everybody.”

Doug Rovello, senior managing partner at Fund Simple, Inc., an alternative business lender and broker in Palm Harbor, a beach town just outside Tampa, says the Tampa-St. Petersburg area was spared from severe flooding but “we did experience power outages.” Among his clients, he reports, businesses in the food industry were among the most vulnerable. “I had one restaurant that lost $200,000 in business in the month of September,” he says.

Hurricane Irma Strikes United StatesWhen the electricity went down, grocery stores and bodegas, restaurants, bars, pizzerias, sub shops, delis and luncheonettes suffered outsized losses. Without power, businesses in the food industry were forced to dump spoiled meat, rotting fish, unusable dishes like appetizers and other foodstuffs requiring refrigeration.

Rovello reports that the hurricane managed to bollix up the business of one top client, a leading ticket broker in the area with a reputation for obtaining “exclusive” tickets to major events such as A-list rock concerts and featured sporting contests – including the Super Bowl. “He buys tickets in advance and when one big event was canceled he got stuck with $30,000 in tickets that he had to eat,” Rovello says.

Other kinds of businesses that depend on alternative lenders and got hit hard from the loss of power, Rovello observes, were medical clinics, doctors’ offices, pain-management centers, and assisted-living quarters – particularly those south of Sarasota. A number of golf courses also closed down for a couple of weeks, Rovello notes, further impairing the tourism and entertainment economy. “They were not allowed to move any of the damage that was done – poles, trees, et cetera until FEMA got there,” he says.

For some 30 days following Irma’s arrival, Rovello reports that he asked clients to make modest payments – perhaps $100 instead of a $750 monthly payment — “to keep their accounts active.” He also used his connections with FEMA adjusters and interceded with funders on behalf of clients– and even businesses that were not clients – who found themselves in arrears.

palms swaying in strong wind

While many Floridians were seeking higher ground or hightailing it out of state, Jay Bhatt, who is a senior vice president of marketing at Breakout Capital in McLean, Va., was catching one of the last Jet Blue flights into Orlando to help out his aging parents. They are now in their late 60s and 70s, he reports, and living in a retirement community in Polk County, about ten miles south of Disney World.

Irma was still a Category 1 hurricane with 100 mph winds when it hit Orlando. The electrical grid went down, but Bhatt was able to purchase a generator – the kind designed specifically to provide electricity for oxygen respirators — from Home Depot. During his stay, Bhatt made several car trips in search of fuel, each of which took him probably 35-40 minutes. “We also leveraged some of the neighbors’ sockets,” he says, “but they were so small that the wattage only allowed for the operation of the fridge and a fan.”

Electricity was restored after four or five days. “The fact that it was a retirement community might have been why we got power back so soon while it took two or three weeks for many others,” he reckons.

Hurricane HarveyWhile Bhatt’s attention was focused on his parents, his employer – which had just offered a blanket hold on payments to its merchant accounts in 11 Texas counties that had been simultaneously inundated and walloped by Hurricane Harvey – now faced the challenge of responding to the second hurricane in two weeks. With Irma, Breakout chose to deal with its customers individually. “We didn’t do an immediate blanket response” as in Texas, Bhatt says, adding: “We were able to contact each one and we only wrote off one small business.”

Rakem Lampkin, senior customer service representative at Pearl Capital, a New York-based alternative funder, says that his firm funds “roughly 175” businesses in South Florida. In addition to those establishments already mentioned as economically reeling because of Irma, such as restaurants, he cited “car dealerships, automotive repair shops and tech companies” as among the hardest hit, especially from the lack of electricity.

Lampkin also noted that many of Pearl’s merchants felt Irma’s wrath when colleges and state schools closed their doors. “Everything from transportation, lunches, sports equipment, even mom-and-pop florists” were slammed, he says, adding: “When the schools shut down, our payments slowed down.”

Pearl provided preferential treatment to merchants on the coast who were granted “a hold on debit payments,” Lampkin says. Even for coastal businesses that remained “structurally sound,” the business owners’ and employees’ “homes were affected, which kept them from getting to work,” he says.

As for businesses situated inland, “We were still sympathetic,” Lampkin says, but after an initial five-day grace-period their discounts were in the range of 66%-75% “so that we could focus our resources toward the people on the coast.”

To monitor the situation from New York, Lampkin says, the company was able to rely on accounts in the local news media, Google Maps, and other Internet sources. “We evaluated the situation case-by-case and week-by-week,” he says.

Jennifer Legg, a co-owner of Rochelle’s Jewelry & Watch Repair at the Indian River Mall in Vero Beach, is a Pearl-funded merchant who says she shut down the family-run business “for six or seven days” after Irma while the electricity went out. “Trees were down and a lot of people lost food and trailers, but we were not impacted as much as we were supposed to be,” she remarked.

“IF THEY’D KEPT TAKING IT OUT, WE WOULD HAVE DEFAULTED”

Most of the shop’s business consists of customers stopping in for a new battery or a watch-band. Once they’re in the store, there’s a chance that they’ll purchase something else. But Irma put the kibosh on mall traffic. “A lot of people left the state, so that hurt business,” Legg says.

The store – which records annual sales of about $200,000 — lost probably $10,000 in revenue because of Irma. “It was very hard for that month of September,” Legg says. “Even after the doors opened, it was dead. No money came in for about two weeks.”

Fortunately, though, her capital source “did not take money out for a week,” she says. “If they’d kept taking it out,” she added, “we would have defaulted.”

Wayward Merchants

April 19, 2018
Article by:

This story appeared in AltFinanceDaily’s Mar/Apr 2018 magazine issue. To receive copies in print, SUBSCRIBE FREE
escape

Wayward merchants and outright criminals are continuing to bilk the alternative small-business funding industry out of cash at a dizzying pace. In fact, an estimated 23 percent of the problematic clients that funders reported to an industry database in 2017 appeared to have committed fraud, up from approximately 17 percent in the previous year. That’s according to Scott Williams, managing member of Florida-based Financial Advantage Group LLC, who along with Cody Burgess founded the DataMerch database in 2015. Some 11,000 small businesses now appear in the database because they’ve allegedly failed to honor their commitments to funders, Williams says.

Whether fraudulent or not, defaults remain plentiful enough to keep attorneys busy in funders’ legal departments and at outside law firms funders hire. “I do a lot of collections work on behalf of my cash-advance clients, sending out letters to try to get people to pay,” says Paul Rianda, a California-based attorney. When letters and phone calls don’t succeed, it’s time to file a lawsuit, he says.

Lawsuits become necessary more often than not by the time a funder hires an outside attorney, according to Jamie Polon, a partner at the Great Neck, N.Y.- based law firm of Mavrides Moyal Packman Sadkin LLP and manager of its Creditors’ Rights Group. “Typically, my clients have tried everything to resolve the situation amicably before coming to me,” he observes.

That pursuit of debtors isn’t getting any easier. These days, it’s not just the debtor and the debtor’s attorney that funders and their attorneys must confront. Collections have become more difficult with the recent rise of so-called debt settlement companies that promise to help merchants avoid satisfying their obligations in full, notes Katherine Fisher, who’s a partner in the Maryland office of the law firm of Hudson Cook LLP.

robber oil paintingMeanwhile, a consensus among attorneys, consultants and the funders themselves holds that the nature of the fraudulent attacks is changing. On one side of the equation, crooks are hatching increasingly sophisticated schemes to defraud funders, notes Catherine Brennan, who’s also a partner in the Maryland office of Hudson Cook LLP. On the other side, underwriters and software developers are becoming more skilled at detecting and thwarting fraud, she maintains.

Digitalization is fueling those changes, says Jeremy Brown, chairman of Bethesda, Md.-based RapidAdvance. “As the business overall becomes more and more automated and moves more online – with less personal contact with merchants – you have to develop different tools to deal with fraud,” he says.

A few years ago, the industry was buzzing about fake bank statements available on craigslist, Brown recalls. Criminals who didn’t even own businesses used the phony statements to borrow against nonexistent bank accounts, and merchants used the fake documents to inflate their numbers.

Altered or invented bank statements remain one of the industry’s biggest challenges, but now they’ve gone digital. About 85 percent of the cases of fraud submitted to the DataMerch database involve falsified bank documents, nearly all of them manipulated digitally, Williams notes.

Merchants alter their statements to overstate their balances, increase the amount of their monthly deposits, erase overdrafts, or hide automatic payments they’re already making on loans or advances, Williams says. Most use software that helps them reformat and tamper with PDF files that begin as legitimate bank statements, he observes.

To combat false statements, alt funders are demanding online access to applicants’ actual bank accounts. Some funders ask for prospective clients’ usernames and passwords to examine bank records, but applicants often consider such requests an invasion of their privacy, sources agree.

That’s why RapidAdvance has joined the ranks of companies that use electronic tools like DecisionLogic, GIACT or Yodlee to verify a bank balance or the owner of the account and perform test ACH transfers – all without needing to persuade anyone to surrender personally identifiable information, Brown says.

“PEOPLE WHO WANT TO DEFRAUD YOU WILL COME BACK WITH A DIFFERENT BUSINESS NAME ON THE SAME BANK ACCOUNT”

Other third-party systems can use an IP address to view the computing device and computer network that a prospective customer is using to apply for credit, Brown says. RapidAdvance has received applications that those tools have traced to known criminal networks. The systems even know when crooks are masking the identity of the networks they’re using to attempt fraud, he observes.

RapidAdvance has also developed its own software to head off fraud. One program developed in-house cross references every customer who’s contacted the company, even those who haven’t taken out a loan or merchant cash advance. “People who want to defraud you will come back with a different business name on the same bank account,” Brown says. “It’s a quick way to see if this is somebody we don’t want to do business with.”

Sometimes businesses use differing federal tax ID numbers to pull off a hoax, according to Williams at DataMerch. That’s why his company’s database lists all of the ID numbers for a business.

All of those electronic safeguards have come into play only recently, Brown maintains. “We didn’t think about any of this five years ago – certainly not 10 years ago,” he says. In those days, funders were satisfied with just an application and a copy of a driver’s license, he remembers.

“WATCH OUT WHEN THE CRIMINALS FIGURE OUT YOUR BUSINESS MODEL.” THAT’S WHEN AN INDUSTRY BECOMES A TARGET OF ORGANIZED FRAUD

Since then, some sage advice has been proven true. When RapidAdvance was founded in 2005, the company had a mentor with experience at Capital One, Brown says. One piece of wisdom the company guru imparted was this: “Watch out when the criminals figure out your business model.” That’s when an industry becomes a target of organized fraud.

As that prediction of fraud has become reality, it hasn’t necessarily gotten any easier to pinpoint the percentage of deals proposed with bad intent. That’s because underwriters and electronic aids prevent most fraudulent potential deals from coming to fruition, Brown notes. The company looks at the loss rates for the deals that it funds, not the deals it turns down.

Brown guesses that as many as 10 percent of applications are tainted by fraudulent intention. “It’s meaningful enough that if you miss a couple of accounts with significant dollar amounts,” he says, “then it can have a pretty negative impact on your bottom line.”

Some perpetrators of fraud merely pretend to operate a small business, and funders can discover their scams if there’s time to make site visits, Rianda notes. Other clients begin as genuine entrepreneurs who then run into hard times and want to keep their doors open at all costs, sources agree.

underwriterApplicants sometimes provide false landlord information, something that RapidAdvance checks out on larger loans, Brown notes. Underwriters who call to verify the tenant-landlord relationship have to rely upon common sense to ferret out anything “fishy,” he advises.

Underwriters should ask enough questions in those phone calls to determine whether the supposed landlord really knows the property and the tenant, which could include queries concerning rent per square foot, length of time in business and when the lease terminates, Brown suggests. All of that should match what the applicant has indicated previously.

Lack of a telephone landline may or may not provide a clue that an imposter is posing as a landlord, Brown continues. Be aware of a supposed landlord’s verbal stumbles, realize something’s possibly amiss if a dubious landlord lacks of an online presence, note whether too many calls to the alleged landlord go into voicemail and be suspicious if a phone exchange with a purported landlord simply “feels” residential instead of commercial, he cautions.

Reasonable explanations could exist for any of those concerns, but when in doubt about the validity of a tenant-landlord relationship it pays to request a copy of the lease or other type of verifications, according to Brown. Then there are the cases when the underwriter is talking to the actual landlord, but the applicant has convinced the landlord to lie. It could happen because the landlord might hope to recoup some back rent from a merchant who’s obviously on the verge of closing up shop.

Occasionally, formerly legitimate merchants turn rogue. They take out a loan, immediately withdraw the funds from the bank, stop repaying the loan, close the business and then walk or run away, notes Williams. “We view that as a fraudulent merchant because their mindset all along was qualifying for this loan and not paying it back,” he says.

Collecting on a delinquent account becomes problematic once a business closes its doors, Rianda notes. As long as the merchant remains in business, funders can still hope to collect reduced payments and thus eventually get back most or all of what’s owed, he maintains.

In another scam sometimes merchants whose bank accounts are set up to make automatic transfers to creditors simply change banks to halt the payments, Brown says. That move could either signal desperation or indicate the intent to defraud was there from the start, he says.

Merchants with cash advances that split card revenue could change transaction processors, install an additional card terminal that’s not programmed for the split or offer discounts for paying with cash, but those scams are becoming less prevalent as the industry shifts to ACH, Brown says. Industrywide, only 5 percent to 10 percent of payments are collected through card splits these days, but about 20 percent of RapidAdvance’s payments are made that way.

Merchants occasionally blame their refusal to pay on partners who have absconded with the funds or on spouses who weren’t authorized to apply for a loan or advance, Brown reports. Although that claim might be bogus, such cases do occur, notes Williams of DataMerch. People who own a minority share of a business sometimes manipulate K-1 records to present themselves as majority owners who are empowered to take out a loan, Williams says.

In a phenomenon called “stacking,” merchants take out multiple loans or advances and thus burden themselves with more obligations than they can meet. Whether or not that constitutes fraud remains debatable, Rianda observes. Stacking has increased with greater availability of capital and because some funders purposely pursue such deals, he contends.

Some contracts now contain covenants that bar stacking, notes Brennan of Hudson Cook. As companies come of age in the alt-funding business, they are beginning to employ staff members to detect and guard against practices like stacking, she says.

Moreover, underwriting is improving in general, according to Polon “The vetting is getting better because the industry is getting more mature,” he says. “The underwriting teams have gotten very good at looking at certain data points to see something is wrong with the application – they know when something doesn’t smell right.” They’re better at checking with references, investigating landlords, examining financials and requesting backup documentation, he contends.

Despite more-systematic approaches to foiling the criminal element and protecting against misfortunate merchants, one-of-a-kind attempts at fraud also still drive funders crazy, Brown says. His company found that a merchant once conspired with the broker who brought RapidAdvance the deal. The merchant and the broker set up a dummy business, transferred the funds to it and then withdrew the cash. “The guy came back to us and said, ‘I lost all the money because the broker took it,’” he recounts. “Why is that our problem?” was the RapidAdvance response.

Although such schemes appear rare, some funders are developing methods of auditing their ISOs to prevent problems, notes Brennan. They can search for patterns of irregularities as an early-warning system, she says. It’s also important to terminate relationships with errant brokers and share information about them, she advises, adding that competition has sometimes made funders reluctant to sever ties with brokers.

“ENGAGING LAW ENFORCEMENT IS GENERALLY NOT APPROPRIATE FOR COLLECTIONS”

policeAlthough fraud’s clearly a crime, the police rarely choose to involve themselves with it, Brown says. His company has had cases where it lost what it considered large dollar amounts – say $50,000 – and had evidence he felt clearly indicated fraud but the company couldn’t attract the attention of law enforcement, he notes.

Rianda finds working with law enforcement “hit or miss,” whether it’s a matter of defaulting on loans or committing other crimes. In one of his cases an employee forged invoices to steal $100,000 and the police didn’t care. In another, someone collected $3,000 in credit card refunds and went to jail. If the authorities do intervene, they may seek jail time and sometimes compel crooks to make restitution, he notes.

“Engaging law enforcement is generally not appropriate for collections,” according to Fisher from Hudson Cook. However, notifying police agencies of fraud that occurs at the inception of a deal can sometimes be appropriate, says Fisher’s colleague Brennan, particularly when organized gangs of fraudsters are at work.

At the same time, sheriffs and marshals can help collect judgments, Polon says. He works with attorneys, sheriffs and marshals all over the country to enforce judgments he has obtained in New York State, he says. That can include garnishing wages, levying a bank account or clearing a lien before a debtor can sell or refinance property, he notes.

When Rianda files a lawsuit against an individual or company in default, the defendant fails to appear in court about 90 percent of the time, he says. A court judgment against a delinquent debtor serves as a more effective tool for collections than does a letter an attorney sends before litigation begins, Rianda notes.

But even with a judgment in hand, attorneys and their clients have to pursue the debtor, often in another state and sometimes over a long period of time, Rianda continues. “The good news is that in California a judgment is good for 10 years and renewable for 10,” he adds.

So guarding against fraud comes down to matching wits with criminals across the country and around the world. “It makes it hard to do business, but that’s the reality,” Brown concludes. Still, there’s always hope. To combat fraud, funders should work together, Brennan advises. “It’s an industrywide problem … so the industry as a whole has a collective interest in rooting out fraud.”

What Got Said in The California Senate Hearing About Commercial Loan Disclosures

April 19, 2018
Article by:

Senator Steve Glazer California

Above: California State Senator Steve Glazer, holds up his proposed disclosure box in Wednesday’s Senate hearing

California State Senator Steve Glazer was the reason that representatives from small business finance trade associations were in Sacramento on Wednesday. Glazer’s bill, SB 1235, calls for mandatory APR disclosures on loan and non-loan products alike, even if the transaction is business-to-business and even if the transaction assesses no interest charges and even when no such APR can be calculated or exists.

That proposal caught the attention of several interested groups, including those whose members offer short term small business loans, factoring, and merchant cash advances. Among those who testified in front of the Senate Committee on Banking and Financial Institutions on Wednesday was Joseph Looney, COO & General Counsel of RapidAdvance, who spoke on behalf of the Small Business Finance Association, and Katherine Fisher, Partner at Hudson Cook, LLP, who spoke on behalf of the Commercial Finance Coalition. Each of them were there representing separate constituents with their own individual views.

Transcripts of their testimonies are below:

Joe Looney, COO & General Counsel, RapidAdvance
Above: Joseph Looney, COO & General Counsel, RapidAdvance, on behalf of the Small Business Finance Association (SBFA)

“Chairman Bradford, Vice Chair Vidak, and Members of this committee. I am Joseph Looney and I am the General Counsel for a commercial finance company named RapidAdvance. We are a California Finance Lender licensee and have provided more than $200,000,000 in capital to thousands of businesses in California. Today I am providing testimony on behalf of the Small Business Finance Association or SBFA, which is the leading association for companies that provide funding to Main Street businesses. The SBFA is in opposition to Senate Bill 1235 as currently drafted.

While there are various issues with the Bill, the overarching concern we have is that it treats small businesses like consumers. States and the federal government have generally refused to treat small businesses the same as consumers when it comes to financing disclosures for two reasons. First, there is a significant concern that imposing consumer disclosures and regulation on small businesses would reduce the flow of capital and negatively impact the economy. Second, small business owners are sophisticated and do not need the same protections provided to consumers. Business owners hire and fire employees, handle taxes and payroll, negotiate with customers and vendors, arrange financing, handle litigation and execute on business strategies every day.

Also, businesses look at money differently than consumers. A business gets capital and uses it to make more money or solve a problem in their business. In this scenario, the most important item to the business owner is how fast can they get the money and what are the conditions for getting it.

The APR disclosure included in the Bill is problematic as it will create confusion. The CFPB has recently concluded the APR is confusing, does not provide as much value as thought and is extremely complicated for creditors to calculate. In fact, the CFPB is making the APR less important by moving it to the end of some disclosures and completely removing it in some cases. The APR is so complicated to calculate there are numerous pages in the Code of Federal Regulations devoted to explaining the calculation. Additionally, there are pages of guidance on how to handle various consumer products and payment types and what assumptions should be made for various products as well as shielding creditors from liability for minor calculation errors. This Bill does not address any of these issues. It simply takes an APR disclosure requirement for fixed monthly payment consumer finance transactions and concludes it should apply to materially different commercial products.

While we do not support the Bill as it imposes consumer disclosures such as the APR on small business transactions, we are supportive of the idea of providing businesses with cost disclosures. Thank you.”

 

Katherine Fisher
Above: Katherine Fisher, Partner at Hudson Cook, LLP, on behalf of the Commercial Finance Coalition (CFC)

“Chairman Bradford and committee members: Thank you for the opportunity to present testimony today regarding SB-1235.

My name is Kate Fisher and I am here today on behalf of the Commercial Finance Coalition, a group of responsible finance companies that provide capital to small and medium-sized businesses through innovative methods. Small businesses face a gap in credit availability. Commercial Finance Coalition member companies are trying to close this gap and help spur entrepreneurship so more Americans and Californians can own and operate their own businesses.

I also am a lawyer who works with providers of commercial financing on complying with state and federal law.

The Commercial Finance Coalition supports California’s efforts to make business financing more transparent.

Businesses benefit from having different types of financing available, and being able to comparison shop. SB 1235 would require commercial finance providers to disclose the cost of capital by providing the following helpful disclosures:

The Total Amount of Funds Provided
The Total of Payments; and
The Total Dollar Cost of Financing.

These three disclosures will help a California business owner understand and compare the cost of financing across different products.

However, the Commercial Finance Coalition opposes requiring an APR disclosure.

It’s important to note that SB 1235 aims at providing comparable disclosures across very different financing types. Commercial Finance Coalition members mostly engage in “accounts receivable purchase transactions.” These transactions are also known as merchant cash advance or factoring, and involve a business selling its receivables at a discount. For example, if a business’s sales go down, the business can pay less. If a business’s sales go up, the business can pay more. And if a business is burned down in a fire, the business can pay nothing until it can reopen its doors.

SB 1235 would require disclosure of an Annual Percentage Rate (or APR).

There are two problems with requiring an APR disclosure or even an “Estimated APR”:

First – SB 1235 fails to address the complexity of calculating APR for different types of commercial finance transactions. This creates a significant litigation risk and minefield for finance providers making a good faith effort to disclose APR, and may stifle small business financing in California.

Second – Requiring an Estimated APR disclosure creates an unfair disadvantage for offers of “accounts receivable purchase transactions” – or factoring. Again, these transactions are purchases, and do not need to be “paid back” unless the business has sufficient sales. Also, this disclosure could confuse a business owner who is looking for alternatives to lending.

I’m very optimistic that California can lead the way in providing businesses with disclosures that are helpful – and not confusing.
Thank you.”

In response, Senator Glazer deferred to the experts who testified but he was not willing to make a key concession in the moment. At Glazer’s prodding, the bill made it out of committee with enough votes, and with the goal of continuing to fine tune the details particularly with respect to APR.

More information surrounding the bill and it’s progress will be made available soon.

Full video of the hearing below:

The bill’s history can be tracked here.

LendItFintech In Photos and Sound Bites

April 10, 2018
Article by:

LendItFintech co-founders Peter Renton, Bo Brustkern, and Jason Jones kick off the 6th annual event
LenditFintech


“Bad credit is literally killing us” – Scott Sanborn, CEO, Lending Club
when speaking about the increase in mortality rate for people who have faced major financial distress
Scott Sanborn, Lending Club


A disruptive business is not just about speeding something up – Jay Farner, CEO, Quicken Loans
when interviewed on stage by Bloomberg’s Selina Wang
Jay Farner, CEO, Quicken Loans


“On all fronts ICOs are problematic” – Chris Larsen, CEO, Ripple
when interviewed by Jo Ann Barefoot
Chris Larsen, Ripple


“No comment” – Anthony Noto, CEO, SoFi
When asked by Bloomberg Technology reporter Emily Chang if Goldman Sachs would be considered a competitor
SoFi CEO Anthony Noto


Working capital loans (short-term) have been a big growth area for us – Gina Taylor Cotter, SVP & GM, Global Commercial Financing at American Express
when interviewed by Lendio’s Brock Blake

Brock Blake and Gina Taylor Cotter


“At the end of the day, what’s important is that small businesses win” – Andrea Gellert, Chief Marketing Officer & Chief Revenue Officer, OnDeck
When asked who will win the race for marketshare

“Larger businesses are more stable, it’s easier to underwrite them.” – Victoria Treyger, Chief Revenue Officer, Kabbage
When asked if it’s harder to underwrite loans above $50,000

From left to right: Victoria Treyger (Kabbage), Andrea Gellert (OnDeck), Homam Maalouf (Square), Luke Voiles (Intuit), and Levi King (Nav)
Real-Time Credit Approval


Michael Grottano, Director Of Business Development, Lendr
talks business at the company booth
Michael Grottano, Lendr


Ocrolous announced a $4M Series A round at LendItFintech
Below: Ocrolus account executive John Lowenthal stands in front of the company booth
John Lowenthal, Ocrolous


The best billboard at LenditFintech
Gibraltar Capital Advance


OnDeck CEO Noah Breslow called for industry collaboration and hyped the value of trade associations
Noah Breslow, CEO, OnDeck


We spend more on snacks and coffee in our office than we do on data storage – Mickey Konson, COO, Streetshares
From left to right: Candace Sjogren (Marqeta), Mickey Konson (Streetshares), and Tim Roach (Lendr)
LendItFintech Panel


In a phone interview with AltFinanceDaily, Kabbage COO Kathryn Petaralia said of their newly announced partnership with Ingo Money, “Our customers are always looking to expedite the process, not because they’re desperate for cash, but because they really are desperate for time, and they don’t want to spend a bunch of time reconciling their bank accounts [and] making sure the funds have arrived. This is a much cleaner way for them to get access to capital.”

From left to right: JP Mangalindan (Yahoo Finance), Cecilia Frew (Visa), Lisa McFarland (Ingo Money), and Kathryn Petralia (Kabbage)

LendIt Push Payments Panel


Working with a bank takes a lot of time and effort – basically everyone on the panel

From left to right: Sam Graziano (Fundation), Ryan Rosett (Credibly), Sam Hodges (Funding Circle), Rohit Arora (Biz2credit), and Bill Phelan (PayNet)

The Future of the Bank/Online Lender Relationship

Broker Fair 2018 On Pace for Major Success

April 4, 2018
Article by:

Broker Fair 2018Broker Fair 2018 is on pace to be a major success!

Companies still wishing to become a sponsor of Broker Fair 2018 have until Friday, April 6th to do so. After that, no additional sponsors will be accepted.

The coming May 14th conference in Brooklyn, NY has already sold out of funder/lender and general admission level tickets. Only ISOs, brokers and those employed by them can continue to register!

The inaugural event has lined up dozens of awesome speakers and sponsors from around the MCA and small business lending industry. In addition to the 31 confirmed speakers and 50 sponsors, TV sales celebrity Ryan Serhant will be the keynote speaker of the event and will offer the audience sales tips. Serhant’s new TV show, Sell It Like Serhant premieres on April 11th.

Salespeople will also be in for a treat with the Be A Better Closer panel featuring Jared Weitz (United Capital Source), Joe Camberato (National Business Capital), Ed Tucker (Yellowstone Capital), Evan Marmott (CanaCap), and Justin Bakes (Forward Financing) as Moderator and the Marketing Your Business panel with Jennie Villano (Kalamata Advisors), Adam Stettner (Reliant Funding), and Tom Gricka (Babylon Solutions).

Industry captains will also teach you how they underwrite deals and tips for ISOs to succeed. Attorneys will walk you through the ins and outs of telemarketing law and legal advertising. There’s more of course, like networking with the funders, tips to raise capital, debates on industry issues, and checking out industry CRMs.

Free Afterparty Networking Event at Westlight for All Attendees

Afterwards, all attendees are invited to network upstairs at Westlight sponsored by RapidAdvance, while enjoying free food and drinks. Westlight offers full views of the Manhattan skyline from Brooklyn’s William Vale.

To date, there’s never been anything like it. I hope to see you at Broker Fair.

ISOs, don’t wait until it’s too late to register!

Caught! Backdoored Deals Leads to Handcuffs

April 2, 2018
Article by:

arrest snapshot

Above: A female employee (different from the one arrested last year) is led out in handcuffs by police last week

A case of sneaking deals out the backdoor has resulted in another arrest at Yellowstone Capital.

According to someone familiar with the arrest and the events leading up to it, an employee was led out in handcuffs by police officers last week after Yellowstone’s management discovered she was diverting company deals to an outside party.

Yellowstone Capital would not offer comment on the matter, though last September, CEO Isaac Stern had told AltFinanceDaily that “Yellowstone is investing tons of time, money, and effort to prevent data theft. We are doing everything in our power, everything, to address it, and we have even enlisted the assistance of an outside security firm.”

At that time, AltFinanceDaily had obtained a photo of a female employee being led out by Stern and several police officers. That employee is said to have pled guilty to a felony theft charge after being busted for transmitting sensitive company deal data to a third party. It was the second such conviction AltFinanceDaily is aware of that involved backdooring deals.

Though funding companies are generally reluctant to share the extent of their security methods, AltFinanceDaily has learned that the level of technology being used by some players to detect data theft would probably come as a surprise to many perpetrators. Chances are that if you have engaged in it, it has been tracked or recorded.

“They think we don’t know, but we know the industry,” Stern told AltFinanceDaily last year in reference to questions about security. “Ultimately we will catch you.”

Champion Auto Sales Decision Brings Closure to Another Case

April 1, 2018
Article by:

A merchant seeking to have a judgment against them voided on the basis that the underlying Purchase and Sale of Future Receivables agreement they entered into was actually a usurious loan, has had their motion denied pursuant to the law as decided in Champion Auto Sales, LLC et al. v Pearl Beta Funding, LLC, court records show.

3148521 Canada, Inc. and Amir Soghraty, through attorney Amos Weinberg, attempted to convince the Court that their MCA agreement with Principis Capital was actually a loan. After lingering in the court system for months, the Honorable David Benjamin Cohen, issued a decision on Friday, citing the appellate court ruling.

Specifically, plaintiff argues that the underlying judgment is based upon a usurious loan. Plaintiff and defendant entered into an arrangement where defendant purchased the future receivables that may (or may not) be collected. The Appellate Division, First Department, recently decided this very issue (argued by the same attorney as plaintiff herein) and held “the evidence demonstrates that the underlying agreement leading to the judgment by confession was not a usurious transaction” (Champion Auto Sales, LLC v Pearl Beta Funding, LLC, 2018 N.Y. Slip Op. 01645 [1st Dept 2018]).

View the decision here

The decision can be found under Index # 655008/2017 in the New York Supreme Court