Merchant Cash Advance Statistics (2026): Enforcement, Costs & Industry Data
The merchant cash advance industry funds an estimated $15–20 billion to U.S. small businesses each year, is overseen by no federal regulator, and has produced the largest small-business lending enforcement action in history — a $1.065 billion New York Attorney General judgment against Yellowstone Capital in 2025. This page collects the verified numbers: government enforcement actions, documented costs, Federal Reserve usage data, and the state laws now regulating MCAs. Every statistic links to its primary source.
Enforcement actions: the documented record
The clearest hard data on the MCA industry comes from courts and regulators:
- $1.065 billion — total 2025 judgment won by the New York Attorney General against Yellowstone Capital, the largest MCA enforcement action to date. It cancelled $534.5 million in small-business MCA debt for more than 18,000 merchants nationwide.
- Up to 820% effective annual rates were alleged on some Yellowstone-serviced advances, per the same NY AG action.
- $20.3 million — 2024 federal court judgment against MCA operator Jonathan Braun (RCG Advances), the first jury trial the FTC ever conducted. Braun was permanently banned from the MCA industry.
- $9.84 million — 2021 FTC settlement with Yellowstone over unauthorized withdrawals; the FTC later mailed 7,731 refund checks averaging over $1,200.
- $27.4 million — 2023 New Jersey AG settlement with Yellowstone/Fundry, including $21.75 million in forgiven NJ merchant debt.
- 15.5 years in prison — 2025 sentence for Par Funding CEO Joseph LaForte after the MCA-investment operation's collapse; courts found roughly $404.7 million in fraud losses with $314 million in restitution ordered.
What merchant cash advances actually cost
MCAs are priced with factor rates rather than interest rates, which obscures the annualized cost. The strongest published cost data:
- 94% average APR across alternative small-business loans and advances analyzed in the Opportunity Fund's 2016 study — the highest in the sample was 358%, and payments averaged 178% of borrowers' available net income. (Dated, but still the most rigorous independent cost study published.)
- Up to 820% per year — the effective rates alleged in the NY AG's Yellowstone case, the documented outlier.
- 60% of online-lender borrowers said their actual borrowing costs were higher than expected, versus 37% at small banks — Federal Reserve Banks, 2026 Report on Employer Firms.
- Industry analyses estimate typical factor rates of roughly 1.15–1.55, implying effective APRs from about 40% to well over 300% depending on repayment speed — these are estimates, since no regulator collects MCA pricing data.
How many businesses use MCAs
From the Federal Reserve Banks' 2026 Report on Employer Firms (2025 Small Business Credit Survey):
- 38% of small employer firms applied for a loan, line of credit, or merchant cash advance in the prior 12 months.
- 29% of those applicants went to online (fintech) lenders — the main MCA channel — up from 17% in 2020.
- Only 42% of applicants received the full amount sought; 22% received nothing.
- In the last Fed survey reporting product-level shares, 8% of financing applicants applied specifically for an MCA (2021 survey).
Market size: estimates only, by design
There is no primary source for U.S. MCA volume because MCA funders report originations to no regulator — a fact worth more than any single estimate. With that caveat: Allied Market Research sized the global MCA market at $17.9 billion (2023), projecting $32.7 billion by 2032, with North America over a third of revenue. Industry aggregators put U.S. originations at roughly $15–20 billion annually across an estimated 700–1,000 active funders. Treat all of these as estimates. You may also see a precise-sounding "MCA default rate" quoted online; no authoritative source for that figure exists.
Regulation is arriving state by state
- 25,000+ confessions of judgment worth an estimated $1.5 billion were filed by cash-advance companies in New York courts from 2012–2018, per Bloomberg's "Sign Here to Lose Everything" investigation. New York banned COJs against out-of-state debtors in August 2019.
- California SB 1235 (2018) was the first state law requiring consumer-style cost disclosures, including APR, for commercial financing — DFPI regulations took effect in 2022.
- New York's Commercial Finance Disclosure Law required APR-style disclosures on commercial financings of $2.5 million or less starting August 2023.
- Roughly 8–10 states now have commercial-financing disclosure or registration laws covering MCAs, per law-firm trackers (the count varies by definition).
What this means if you're carrying MCA debt
The pattern in the enforcement record is consistent: regulators have repeatedly found MCA balances that were inflated, mispriced, or collected improperly — which is exactly why these balances can often be negotiated. If daily or weekly withdrawals are squeezing your cash flow, see how business debt settlement works, compare your options on business debt relief, or review the full menu of business debt solutions.
Frequently Asked Questions
How big is the merchant cash advance industry?
Estimates put U.S. merchant cash advance originations at roughly $15–20 billion per year, with the global market sized at $17.9 billion in 2023 — but these are estimates, because MCA funders are not required to report volume to any regulator.
What is the average APR on a merchant cash advance?
There is no official average because MCAs are priced with factor rates, not interest rates. The most rigorous independent study (Opportunity Fund, 2016) found a 94% average APR with a 358% maximum, and the New York Attorney General alleged effective rates up to 820% on some Yellowstone-serviced advances.
What is the largest MCA enforcement action to date?
The New York Attorney General's 2025 judgment against Yellowstone Capital: $1.065 billion in total, cancelling $534.5 million in merchant cash advance debt for more than 18,000 small businesses nationwide.
Are merchant cash advances regulated?
Not federally — no federal regulator oversees MCA originations or pricing. Regulation is emerging at the state level: roughly 8–10 states, led by California (SB 1235) and New York (Commercial Finance Disclosure Law), now require APR-style cost disclosures on commercial financing including MCAs.

