Regulatory Reference
MCA Laws by State 2026: Merchant Cash Advance Regulations in All 50 States
Merchant cash advances operate outside federal lending law — they're a purchase of receivables, not a loan. That means regulation falls to individual states, and the rules vary widely. This guide covers every state with enacted or pending MCA regulation as of mid-2026.
Last updated: June 2026. This is a summary reference, not legal advice. Consult a licensed attorney for compliance guidance in your jurisdiction.
50-State Regulatory Status at a Glance
| State | Disclosure Law | Registration Required | APR Disclosure | Status |
|---|---|---|---|---|
| California | Yes — SB 1235 (eff. 2022) | Yes — DFPI registration | Yes (estimated) | Regulated |
| New York | Yes — Part 600 NYCRR (eff. 2023) | Yes — DFS registration | Yes (APR required) | Regulated |
| Utah | Yes — HB 116 (eff. 2023) | No | Yes (annual cost of capital) | Regulated |
| Virginia | Yes — HB 1027 (eff. 2024) | No | Yes (APR required) | Regulated |
| Georgia | Yes — SB 456 (eff. 2024) | No | Yes (estimated APR) | Regulated |
| North Carolina | Yes — SL 2023-78 | No | Yes (annual cost) | Regulated |
| Florida | No | No | No | Unregulated |
| Texas | No | No | No | Unregulated |
| Illinois | Pending — SB 2234 | Pending | Pending | Pending |
| New Jersey | Pending — A2290 | Pending | Pending | Pending |
| Connecticut | No | No | No | Unregulated |
| Ohio | No | No | No | Unregulated |
| Pennsylvania | No | No | No | Unregulated |
| Michigan | No | No | No | Unregulated |
| Arizona | No | No | No | Unregulated |
| Colorado | Passed — HB24-1192 (monitoring) | No | Yes | Regulated |
| Missouri | No | No | No | Unregulated |
| Minnesota | No | No | No | Unregulated |
| Washington | No | No | No | Unregulated |
| All other states | No enacted law | No | No | Unregulated |
Regulated States — Detailed Breakdown
🏴 California — SB 1235 (California Financing Disclosures)
California was the first state to regulate commercial financing disclosures, including merchant cash advances. Senate Bill 1235 requires commercial finance providers offering products under $500,000 to provide standardized written disclosures before completing a transaction.
What's required under SB 1235:
- Total amount of funds provided
- Total disbursement amount (net proceeds to borrower)
- Finance charge (total cost of financing)
- Estimated APR (annualized percentage rate)
- Total repayment amount
- Monthly payment or periodic payment amounts
- Prepayment policies
Registration: MCA providers must register with the California Department of Financial Protection and Innovation (DFPI) under the California Consumer Financial Protection Law (CCFPL). Failure to register is a violation. Registration is annual.
Reference: Cal. Fin. Code §§ 22800–22805; 10 CCR §§ 900–955
🗽 New York — Part 600 NYCRR (Commercial Finance Disclosure)
New York enacted the most comprehensive MCA disclosure regulation in the country. Part 600 of the New York Codes, Rules and Regulations requires specific disclosures for commercial financing under $2.5 million offered to businesses with fewer than $10 million in annual revenue.
What's required under Part 600:
- Financed amount and disbursement amount
- Finance charge (total dollar cost)
- Annual percentage rate (APR) — computed under the CFPB methodology
- Total repayment amount
- Estimated holdback percentage and payment frequency
- Prepayment disclosure
- Broker compensation disclosure (if applicable)
Registration: Providers must register with the New York Department of Financial Services (DFS). The registration fee is $500 per year. Brokers who arrange commercial financing are also required to register.
Reference: 23 NYCRR Part 600; NY Financial Services Law § 804
🏔 Utah — HB 116 (Commercial Financing Disclosure Act)
Utah's Commercial Financing Disclosure Act (CFDA) requires disclosures for commercial financing products under $1 million, including merchant cash advances. Utah's approach closely follows California's framework.
- Total financing amount
- Finance charge and total repayment amount
- Annual cost of capital (computed per Utah's specific formula)
- Payment schedule and frequency
Registration: No registration requirement (as of June 2026), but disclosures must be made in writing before funding.
Reference: Utah Code § 70C-7-101 et seq.
🌺 Virginia — HB 1027 / SB 1226
Virginia's commercial financing disclosure law covers transactions under $2.5 million. It follows New York's model closely, including the requirement for APR disclosure computed using the CFPB's methodology for revenue-based financing and merchant cash advances.
- Financed amount and disbursement amount
- Finance charge
- APR (annualized, using specific computation methodology)
- Total repayment amount
- Holdback or payment terms
Reference: Va. Code § 6.2-312 et seq.
🍑 Georgia — SB 456
Georgia's commercial financing disclosure law applies to products under $750,000 offered to businesses with under 25 employees. Georgia's framework includes requirements for both funders and brokers, and follows the California/New York disclosure model.
Reference: Ga. Code § 7-7-1 et seq.
Questions about your state? Ask us directly.
T.A.G. operates in all 50 states through our funding partner network.
States With Pending Legislation (2026)
The following states have legislation under active consideration as of mid-2026. The regulatory landscape is moving quickly — several of these may be enacted before year-end:
- Illinois (SB 2234): Commercial financing disclosure bill modeled on New York's Part 600. Passed Senate committee as of Q1 2026; awaiting full Senate vote.
- New Jersey (A2290): Comprehensive commercial lending reform bill that includes MCA disclosures and broker registration requirements.
- Maryland: Senate Finance Committee is monitoring California and New York outcomes before introducing legislation.
- Washington State: The state DFI is conducting a market study on commercial financing disclosures. Rule-making possible in late 2026.
Why States Are Regulating MCAs
The regulatory push for MCA disclosure requirements stems from several concerns identified by state regulators:
- Factor rates can translate to effective APRs of 40%–350%+ depending on term, but this is rarely disclosed to business owners upfront
- Confession of judgment (COJ) clauses allow some funders to obtain judgments without trial if a merchant defaults
- Stacking (multiple simultaneous advances) can push businesses into cycles of debt that are difficult to exit
- Lack of standardized disclosure makes comparison shopping nearly impossible
From a merchant's perspective, the disclosure laws are largely positive — they increase transparency and make it easier to compare MCA costs with alternatives.
What This Means for Business Owners
If you're in a regulated state (California, New York, Utah, Virginia, Georgia, or North Carolina), you are entitled to receive a written disclosure showing the APR equivalent of your MCA offer before signing. This is a legal requirement, not a courtesy. If a funder refuses to provide this disclosure, it is a red flag.
In unregulated states, comparing MCA offers can be harder. Your best tool is asking every funder: "What is my factor rate? What is the total repayment amount? What percentage of daily revenue will you hold back?" Our MCA Calculator can help you convert factor rate offers into effective APR for comparison.
Federal Regulatory Landscape
At the federal level, MCAs are not regulated as loans under the Truth in Lending Act (TILA) because they are structured as a purchase of future receivables. The Consumer Financial Protection Bureau (CFPB) has issued guidance but has not asserted jurisdiction over commercial MCAs (as distinct from consumer products).
The Small Business Administration (SBA) does not regulate MCA providers, nor does the Federal Reserve or OCC. Federal oversight, if it comes, would likely require Congressional action or a court ruling extending TILA or Reg Z to commercial receivables purchase agreements.
Related Resources
Apply with a funder that follows disclosure best practices — in every state.
T.A.G. provides full written disclosure of advance amount, factor rate, total repayment, and payment terms before you sign anything. No surprises.
Get a Transparent Offer →✓ Soft pull only ✓ Written disclosure provided ✓ No obligation