Guide

Is a merchant cash advance a loan?

Legally, no. An advance is structured as the purchase of a portion of your future receivables, not as a loan of money to be repaid with interest. That distinction is why state usury caps generally do not apply to it, and it is the single most important thing to understand before comparing an advance to a loan.

What the structure actually is

The funder buys a defined amount of your future revenue for a discounted sum today. You are not borrowing $50,000 and repaying $65,000 with interest; you are selling $65,000 of future receipts for $50,000 now.

Because it is a purchase rather than a loan, there is no interest rate, no APR in the contractual sense, and no repayment schedule in the ordinary meaning — which is why the price is quoted as a factor rate.

This also means usury caps, which limit interest rates on loans in most states, generally do not reach it. That is not a loophole somebody found; it is the reason the product exists in this form.

Where courts have looked closely

The distinction holds only if the funder genuinely takes on risk. Courts examining these agreements have focused on whether repayment is truly contingent on revenue — which is what reconciliation clauses are for.

An agreement with a fixed term, a fixed payment and no meaningful adjustment for a revenue decline starts to look like a loan with the labels changed, and has been treated that way in litigation.

This is the practical reason to read the reconciliation clause carefully. It is both the protection you will actually use and the thing that makes the structure what it claims to be.

What it means for you

Compare in dollars, not percentages. The total you repay and the time over which you repay it are the only two numbers that transfer cleanly between an advance and a loan.

Do not assume disclosure rules that apply to consumer credit apply here. Several states now require commercial financing disclosures, but small-business borrowing is far less protected than consumer borrowing generally.

The absence of a rate cap is exactly why it is worth getting more than one offer.

Sources

Related questions.

Does an advance have an APR?
Not contractually. You can calculate an equivalent APR for comparison, and it is usually far higher than the factor rate suggests because the money is repaid over months rather than years.
Are advances regulated?
Less than consumer credit. Several states now require commercial financing disclosures, and the FTC acts against deceptive practices, but there is no federal rate cap.
Does it show on my credit report?
Usually not on personal credit unless you default and it is reported or sued. A UCC filing on business assets is public and visible to other business lenders.

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