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.

Important disclaimer: MCA regulation is evolving rapidly. Several states have pending legislation that may become effective during 2026. This guide reflects laws enacted as of June 2026. Always verify current requirements with a licensed attorney or the relevant state regulator before originating transactions in any state.

50-State Regulatory Status at a Glance

StateDisclosure LawRegistration RequiredAPR DisclosureStatus
CaliforniaYes — SB 1235 (eff. 2022)Yes — DFPI registrationYes (estimated)Regulated
New YorkYes — Part 600 NYCRR (eff. 2023)Yes — DFS registrationYes (APR required)Regulated
UtahYes — HB 116 (eff. 2023)NoYes (annual cost of capital)Regulated
VirginiaYes — HB 1027 (eff. 2024)NoYes (APR required)Regulated
GeorgiaYes — SB 456 (eff. 2024)NoYes (estimated APR)Regulated
North CarolinaYes — SL 2023-78NoYes (annual cost)Regulated
FloridaNoNoNoUnregulated
TexasNoNoNoUnregulated
IllinoisPending — SB 2234PendingPendingPending
New JerseyPending — A2290PendingPendingPending
ConnecticutNoNoNoUnregulated
OhioNoNoNoUnregulated
PennsylvaniaNoNoNoUnregulated
MichiganNoNoNoUnregulated
ArizonaNoNoNoUnregulated
ColoradoPassed — HB24-1192 (monitoring)NoYesRegulated
MissouriNoNoNoUnregulated
MinnesotaNoNoNoUnregulated
WashingtonNoNoNoUnregulated
All other statesNo enacted lawNoNoUnregulated

Regulated States — Detailed Breakdown

🏴 California — SB 1235 (California Financing Disclosures)

Regulated Effective: December 9, 2022 (final rules)

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:

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)

Regulated Effective: August 1, 2023

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:

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)

Regulated Effective: January 1, 2023

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.

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

Regulated Effective: January 1, 2024

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.

Reference: Va. Code § 6.2-312 et seq.

🍑 Georgia — SB 456

Regulated Effective: July 1, 2024

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.

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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:

Why States Are Regulating MCAs

The regulatory push for MCA disclosure requirements stems from several concerns identified by state regulators:

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

How to Read an MCA Contract →

12-clause plain-language guide to what you're signing.

MCA Factor Rate Study →

Actual rates by industry, credit, and advance size — 18-month data.

MCA Requirements →

Revenue, FICO, time in business — exact underwriting criteria.

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