Court Trends in Merchant Cash Advance Cases Explained

Описание: Court views on merchant cash advance agreements are not always consistent, and Steven Mirsky explains how judges approach these cases with different levels of scrutiny. In California, many judges recognize the imbalance in these transactions but still face challenges deciding how to apply the law, especially when choice of law and jurisdiction clauses point to other states. In New York, there has been a noticeable shift from a strict approach to a growing concern about the volume of cases, with some lenders filing thousands of lawsuits in a short period. These patterns raise important questions about how these agreements function in practice and how courts respond when disputes become widespread.

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