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Factor Gives Update on “Killing MCAs” in Texas
Cole Harmonson, CEO of Dare Capital and a board member for the American Factoring Association, posted an update last month on the recent Texas MCA legislation and campaign to “fight the MCA cronies.” It appeared on the Commercial Factor’s magazine website. You can read it here.
Harmonson shared his strategy on how to kill MCAs in Texas, which focuses mainly on the DACA component of securing a first position: “If you get the Springing DACA, then the bank will not give anyone else (i.e., an MCA) a DACA, and therefore no MCA can legally sweep your customer’s account, thereby killing the MCAs in Texas,” he wrote.
Harmonson had previously shared that the factoring industry had been responsible for the MCA legislation in Texas and that it served as a “blueprint,” suggesting that a similar legal framework could be attempted in other states.
View PostNew Year, New Lenders?
There’s a couple new lenders on the block to keep an eye on.
One of them is named Slope. Backed by both JPMorgan and OpenAI CEO Sam Altman, Slope offers revolving lines of credit up to $5 million. And they’re already out there. Seemingly overnight they’ve become capital providers for a number of large e-commerce platforms including Amazon and Walmart and are now listed alongside Parafin on both. When they announced their deal last year with JPM, they said that the US embedded financing market was worth $20 billion and that the B2B economy was $125 trillion. Slope is also offering a new AI underwriting tool.
Another is named Uncapped. Walmart says that Uncapped offers term loans while Amazon says that Uncapped offers lines of credit. The Uncapped website says that they offer loans from $10,000 to $2 million and that they accept business from business loan brokers. The company was technically founded in 2019, but in the UK.
View PostWalmart MCA Video Commercial
Want to see how Walmart is marketing its MCA program?
Check out this commercial:
Walmart became a direct merchant cash advance funder in 2024. You can learn more about it here. Walmart also works with third parties such as Payoneer, Parafin, and Uncapped.
View PostdeBanked’s Top Stories of 2025
With deBanked having closed out its 15th year (WHOA) of being online, it appears that merchant cash advance content still dominates in views. I know this because these were the top five most read stories of 2025:

#1 – Texas Passed an MCA ACH Prohibition
Without a perfected first position, Texas no longer allows commercial sales-based financing providers to automatically ACH debit a merchant’s bank account.
See: Texas Governor Signs Sales-Based Financing ACH Prohibition Into Law
#2 – Ban on Refinancing MCAs With SBAs
The world took note when the SBA stated that: “merchant cash advances and factoring agreements are not eligible for refinancing for Standard 7(a) loans, 7(a) Small loans, SBA Express loans, Export Express loans, and International Trade loans.”
See: SBA Places Restrictions on Use of Proceeds to Refinance Merchant Cash Advances and Factoring Agreements
#3 – The CFPB Proposed Removing MCAs From Section 1071
After years of preparing for a world in which MCAs would be subject to CFPB small business loan data collection rules, the agency proposed taking MCAs out.
See: CFPB Reverses Course: Now Proposes to Remove Merchant Cash Advances from Section 1071 Rule
#4 – Getting Backdoored? Try This Watermark
One of the biggest stories of 2025 was a proposed solution to the backdooring problem.
See: Getting Backdoored? Put Your Mark on the Docs
# 5- New California Law Goes into Effect on January 1, 2026
This story was posted at the very end of the year and yet managed to secure a place as the 5th most read story on deBanked in 2025. Is the industry ready for this new law???
See: Brokers and Funders – Are You Ready for Changes to California Law Effective January 1, 2026?
CFG Merchant Solutions® Reinforces Commitment to Seamless, Compliant Funding for ISO Partners Ahead of California SB 362
New York, NY — CFG Merchant Solutions® announced its full operational readiness for California Senate Bill 362 (SB 362), set to take effect January 1, 2026. While the legislation expands commercial financing disclosure requirements statewide, CFGMS has proactively implemented compliance-ready systems designed to preserve fast, frictionless funding for its ISO partners without disrupting sales velocity or merchant experience.
A Pro-Active Approach to Compliance Without Compromise for ISO Partners
CFG Merchant Solutions® has taken a pro-active, partner-first approach to CA SB 362 implementation by integrating compliance directly into its funding infrastructure. This ensures that expanded disclosure requirements do not slow down deal execution or capital delivery.
CFG Merchant Solutions® Is Fully SB 362 Compliant
- We have trained our sales, underwriting, and operations teams to follow SB 362 requirements consistently and accurately.
- We are fully prepared to provide merchants and partners with all required disclosures and supporting documentation.
These enhancements allow ISO partners to move directly from offer to funding with the same speed and confidence they have grown to expect from CFGMS, while remaining fully compliant with CA SB 362.
Clear Expectations, Faster Execution for ISO Partners
To ensure seamless compliance across all origination channels, CFG Merchant Solutions® expects ISO partners to:
- Avoid the misleading use of “interest” or “rate”.
- Ensure sales teams are properly trained to stay compliant.
CFGMS will continue to provide guidance, tools, and training resources to support partners as the effective date approaches.
CFG Merchant Solutions® Commitment to Transparency and Compliance
If you have questions about SB 362, APR disclosures, or compliance expectations, please reach out to your CFG Merchant Solutions® representative or reach out directly to our compliance department at compliance@cfgms.com.
More guidance will follow as implementation continues. Thank you for your continued support and cooperation.
Not yet a CFGMS ISO Partner? Sign up in seconds: https://cfgmerchantsolutions.com/partnerships
MEDIA CONTACT
NICK DEFEIS
HEAD OF MARKETING, CFGMS
NDEFEIS@CFGMS.COM
Indictment in the Small Business Finance Industry’s “Long Running Mysterious Fraud”
There has been a major break in the case of the industry’s Long Running Mysterious Fraud, an indictment. Less than a year after deBanked ran a story about a sophisticated scheme employed to steal millions from merchants, funders, and lenders through a network of stolen identities and cryptocurrency exchanges, a criminal complaint was quietly filed under seal on February 24, 2025 against an individual named Saul Shalev with addresses in Brooklyn and Israel. He is currently thirty-six years old. On August 20, 2025 that complaint progressed to a sealed indictment and on October 3, 2025 all the filings were finally made public.
Shalev may still be at large. He has dual American/Israeli passports. The original criminal complaint states that he traveled to Israel in February 2019 and had not returned to the United States since. IP addresses, email accounts, and other internet data were used by law enforcement in its investigation. The criminal complaint says that the scheme was still going on earlier this year and that more than 25 victims of the scheme have already been identified.
Shalev, who is innocent until proven guilty, is charged with Wire Fraud, Money Laundering, Aggravated Identity Theft, and Aiding and Abetting.
Original criminal complaint
Indictment
Brokers and Funders – Are You Ready for Changes to California Law Effective January 1, 2026?
Bob Gage is a partner in Hudson Cook, LLP’s Michigan office. Kate Fisher is a partner in Hudson Cook, LLP’s Maryland office. https://www.hudsoncook.com/
California has a new law, California S.B. 362, impacting how brokers and funders communicate with merchants starting on January 1, 2026. The new law adds provisions to California’s Commercial Financing Disclosures Law (“CFDL”) which became effective in 2023 and established the first law requiring commercial financers and brokers (described in the CFDL as “providers”) to provide cost-of-funding disclosures to applicants. Here is an overview of what you need to know:
Don’t Say “Factor Rate”
Under S.B. 362, commercial financing providers are not allowed to use the term “rate” in a manner that is likely to deceive a recipient. A “recipient” is generally a person who receives an offer of commercial financing of $500,000 or less. The preamble to the new law (which is not part of the law but informs how the regulator will approach enforcement) gives the following example of what California means by likely to deceive:
- Describing the price of credit as “X% fee rate” or “Y% factor rate,” particularly when those “rates” diverge materially from the APR.
A factor rate will almost always be much lower than any APR. This means that California has effectively banned use of the term “factor rate” when communicating with applicants for loans, sales-based financing, merchant cash advance and yes – even factoring transactions. It is probably safe to talk in terms of “factor rates” internally. But, starting on January 1, 2026 – saying “factor rate” to a California recipient can get you into hot water.
Don’t Say “Interest Rate” Unless Referring to an Annual Simple Interest Rate
S.B. 362 also prohibits commercial financing providers from using the term “interest” in a manner that is likely to deceive a recipient. The preamble to the new law gives the following examples of what California means by likely to deceive:
- Describing the price of credit as “simple interest” when referring to a nonannual rate as opposed to a noncompounding annual rate that a reasonable person would understand “simple interest” to mean; and
- Describing the price of credit as an “interest rate” when describing a daily, weekly, or monthly rate and not an annual rate; and
This potentially impacts providers who describe the cost of commercial credit using a daily or weekly rate and describing that rate as “interest”. For example, loan agreements that use a daily, weekly, or monthly “interest rate” may need to be modified.
California Requires Brokers and Funders to Remind Recipients of the Disclosed “APR” or “Estimated APR”
S.B. 362 complicates post-offer negotiations between providers and recipients by requiring redisclosure of the APR or Estimated APR calculation already required by the CFDL. It does this by adding the following new provision to the CFDL:
- After extending a specific offer to a potential recipient, whenever a provider states a charge, pricing metric, or financing amount to the potential recipient for that specific offer during an application process for commercial financing, the provider shall also state the annual percentage rate of that commercial financing offer by using the term “annual percentage rate” or the acronym “APR.”
What this means for providers:
- The APR reminder requirement applies “during an application process.” The term “application process” is not defined, but it probably does not end until the recipient receives funding or the provider definitively declines to proceed with the financing.
- During the “application process,” anytime a provider communicates with the recipient and states a charge, pricing metric, or financing amount, the provider must remind the merchant of the APR or Estimated APR for that offer. Here are examples of how this might impact brokers and funders:
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New York Already has a Similar Law
New York already has similar requirements in its Commercial Financing Disclosure Law. See 23 N.Y. Admin. Code Section 600.1(f)(1). Accordingly, brokers and funders should implement these practices in New York as well.
This is only a high-level overview and not legal advice. If you have questions regarding how these laws impact your business, please contact knowledgeable counsel.
Bob Gage is a partner in Hudson Cook, LLP’s Michigan office. Kate Fisher is a partner in Hudson Cook, LLP’s Maryland office. https://www.hudsoncook.com/ View Post
How Daniela Cano and Nicole Paliobeis Originate More than $100 Million in Funded Deals a Year
Daniela Cano and Nicole Paliobeis account for $10 million in revenue-based financing volume every month at Spartan Capital. That’s $120 million annualized. As the top two ISO relationship managers in the company out of eight total, Cano and Paliobeis operate in one of the most pivotal roles in the industry.
“It’s extremely fast paced, not one day is ever the same,” says Paliobeis, whose official title is Business Development Manager. “It’s always different between the person that you’re speaking to at your broker shop or your partner.”
Dozens of stories have detailed the high-octane lifestyle of what it’s like to be a broker, but the deals they originate don’t get funded unless they’re in sync with the right people at the right funding shops. Funders know this, so whom they choose to handle this part of the business is among the most important decisions they can make. After all, a funder can’t fund anything without deals coming in the door.

B2B Finance Expo 2024
“We’re the middleman between the deal going into the system, expediting the deal, getting that approval, the competing aspect of it, contracts, funding, going back and forth with the underwriter to get the deal done,” says Cano, who is the Director of Business Development.
“Our days do not end at 6pm eastern time, our days will end sometimes at 10 or 11 o’clock at night,” Cano adds. “We both have brokers that are on the West Coast, we have brokers that are traveling, just like we would be traveling. So I think part of it is we try to give them that customer service that they want.”
Cano also says that it’s not just late nights but also early mornings, when calls and texts can start rolling in at 7am, even before underwriters are in the office.
“Typically, I always have my laptop on me no matter the time of the day,” says Paliobeis. “And if somebody calls me or they need a contract or they need a bank verification and it’s like an SOS emergency. I’m like ‘Hang on, hold on, hot spot, sign on, send everything over to them. Your docs are in your Merchant’s inbox’ and then go from there.”
For Cano, her edge is that she’s worked in the industry for 14 years. Originally starting at a broker shop herself, she eventually switched sides and became an ISO relationship manager at a time when, she says, there were very few women in that role. That statistic, she adds, has changed significantly since. In the beginning, she was occasionally on the receiving end of comments that were less than kind, but that has become much less common over time.
“Eighty percent of my ISO partners are male, and then the rest are women,” says Cano. “And those women are going to be like the heads of strategic partnerships, funding managers, or they’re the ones that are moving a lot of the volume for the broker shop.”
Paliobeis puts her clientele in the 80–90% male range, at least as far as whom she interacts with at each company. Broker shop owners themselves still appear to be overwhelmingly male, though there is no precise research that nails down the percentage. Cano says she’s found the male-dominated aspect of the broker business surprising, but that it should not be viewed as intimidating to any woman considering entering the space.
“Don’t be scared of that male figure aspect of it,” she advises. “For any woman, just don’t be scared, just definitely go forward and do it.”
Paliobeis, who comes from a background in luxury home sales and luxury retail sales and is now in her fourth year of small business finance, has found joy in realizing that her past experience can open doors in this space. For more than five years, she was a connoisseur of high-end watches—an accessory that some brokers are very into. Rolexes, for example, are something she commonly sees on wrists at industry conferences, along with the occasional Patek Philippe, Audemars Piguet, or even a Richard Mille.
“Every once in a while I see a watch and I’m like, ‘Oh, that’s really nice,'” says Paliobeis.
But relationship-building takes time in this industry, and to do it right, it can’t be surface level. Cano says that a good partnership effectively means making someone a personal friend—letting them into your personal life via Facebook or Instagram, knowing each other’s birthdays, or knowing when and whom they’re getting married to. Paliobeis offered her own example, saying she had recently been introduced to a partner’s family.
“At the end of the day we’re human,” says Paliobeis. “We’re talking to you every single day, like things are going to come up with your family, or day to day, life and so on.”
Having that bond comes in handy because sometimes the brokers themselves run into communication troubles with their merchants and get stuck. When that happens they can ask Cano or Paliobeis if they can step in and talk to the merchants to get over a hurdle, which they’ll do.
Though the two are essentially on the same team and are often seated next to each other in the office, they work with their own book of relationships and compete on deal volume.
“Always every day probably around noon, and then around 5:30 we’re like, ‘what’s your number?'” says Cano, as they try to beat each other out on units funded. They hope the competitive camaraderie will eventually propel them to doing a collective $40 million a month, or nearly half a billion dollars a year.
“We compete and it’s friendly competition, but we’re also rooting for each other,” Cano says. “So even if it’s not Nicole or myself, or it’s one of the ISO managers that are getting a big deal, or if they just started and they’re new in the industry and they did something, we have a gong, and we bang the gong.”
Coincidentally, one of the other Spartans is Cesar Valero, a business development executive who won the B2B Finance Expo poker tournament in 2024 in Las Vegas, got featured in a writeup last year, and is now the company’s Director of Revenue. Suffice it to say, the Spartan Capital team are familiar faces in the industry.
Beyond that, there are a couple of other ingredients that make what they do possible. One is the ability to stand on a brand with modern technology. Cano says that many brokers today are fintech-savvy and have certain expectations around the submission and approval process, including that deals be API’d into their system—something that accounts for most submissions at Spartan Capital. The other ingredient is strong leadership at the top.
When it comes to working for Frank Ebanks, the company’s CEO, Paliobeis says she “loves it.”
“[Frank’s] a very hands-on CEO,” she says. “He’s always available. If we need something and we’re here in the office, we can just go knock on his door and just say, ‘hey, need you for this, I want to pick your brain’ and so on. So it’s very nice to have that.”
Cano says that just as she and her colleague take calls early in the morning or late into the night, Ebanks does the same for them when they need him.
“He does give that role model aspect that this is how you grow a company, that this is how you do it,” Cano says. “And he’s crushing it.”
“I tell Frank, ‘I’m growing old here, so I’m gonna stay here,’ I actually really like my current role and the company I’m with and the partners we work with,” Cano adds. “We have the team, we have everything.”
And so while funders compete and do the dance to maximize deal flow, being among the top ISO relationship managers in the space is, overall, an enjoyable experience, they say.
“It’s the friendships that you’re building, everything that’s happening, I love it,” Cano says. “I wouldn’t change it for the world. It’s chaos and it’s chaotic, and every day is different… I love that you’re able to see different businesses and help them out. So I truly, truly like this part of it.”
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