Dated federal and state developments that can affect MCA providers, brokers, disclosures, data collection, servicing, and offer workflows. Requirements turn on jurisdiction, transaction structure, thresholds, exemptions, and current guidance. These summaries are reporting, not legal advice.
TexasRegulation
Texas HB 700 rules narrow the recurring-debit path for MCA funders
Texas's final Chapter 398 rules took effect July 9, 2026. They require accurate offer disclosures, transaction records, an OCCC contract notice, and controls against unfair, deceptive, or abusive practices. A provider or broker may use recurring account debits only when it holds a validly perfected, first-priority security interest in all of the recipient's accounts receivable; a third party cannot complete a debit the provider could not lawfully make.
Covered providers and brokers can apply through NMLS beginning September 1, 2026, and existing operators must register by December 31. First-position providers may preserve recurring debits only after validating lien attachment, perfection, and priority. Preauthorized recurring debits, multiple prewritten checks, and third-party debit routing are not safe substitutes.
How funding is continuing
Industry reporting says some funders shifted Texas merchants to fixed-term installment or small-business loan products, bank-partner programs, or true first-position transactions. Those are separate legal structures, not a relabeling exercise: loan licensing, usury, bank-partnership, payment, lien, and disclosure rules still need counsel review. For covered sales-based deals without first priority, individually authorized merchant payments or processor and lockbox structures require transaction-specific analysis, especially where payment redirection or intercreditor rights are involved.
FederalRegulation
CFPB excludes defined merchant cash advances from revised Section 1071 coverage
The CFPB's reconsideration rule adds a defined merchant cash advance transaction to Regulation B's excluded transactions and extends the rule's compliance date to January 1, 2028.
Providers and brokers operating in or with Connecticut should verify registration, disclosure, and offer-process requirements against the current statute and agency guidance.
New YorkRegulation
New York adopts Part 600 commercial-financing disclosure regulation
New York DFS adopted rules implementing the Commercial Finance Disclosure Law for covered financings up to $2.5 million, including sales-based financing.
Offer generation, finance-charge and APR calculations, signatures, and broker or financer duties need New York-specific controls.
UtahRegulation
Utah registration and disclosure provisions take effect
Utah's Commercial Financing Registration and Disclosure Act made provider registration and transaction disclosure provisions effective January 1, 2023.
A provider conducting commercial-financing transactions in Utah or with a Utah resident should test whether registration and transaction-level disclosures apply.
CaliforniaRegulation
California commercial-financing disclosures take effect
California's commercial-financing disclosure regulations took effect for covered products including merchant cash advances, factoring, and commercial loans.
Covered offers require product-specific cost and payment disclosures. California calculations and formatting should be reviewed before an offer reaches a recipient.
FederalEnforcement
FTC returns more than $9.7 million in Yellowstone Capital redress
The FTC said it sent 7,731 checks to small businesses after settling allegations involving unauthorized withdrawals and misleading financing representations.
MCA controls extend beyond approval and funding: representations, ACH withdrawals, payoff handling, and refunds can all create enforcement exposure.
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