Hudson Cook, LLP advises investors and participants in non-bank (alternative) non-consumer lending and other forms of business finance, including merchant cash advance (MCA), factoring and leasing.

Business Lending

We advise lenders, loan brokers, and lead generators on regulatory compliance issues and related matters. Our work with clients covers state law licensing and usury limits, development of lending forms and advice on secured transactions.

We also assist parties seeking to develop business lending platforms though bank partnerships and provide advice on navigating an evolving regulatory landscape.

Alternative Business Funding

We guide MCA and factoring companies through regulatory compliance and operational risks involved in funding their clients. Our work for MCA and factoring companies includes:

  • Advice on emerging issues and regulatory outlook
  • Development of contracts with merchants
  • Broker/ISO relationships
  • Review of marketing materials

Investors

We advise venture capital firms, hedge funds, and institutional investors seeking to evaluate potential transactions with participants in the alternative business funding marketplace and assist in performing due diligence designed to evaluate exposure to regulatory compliance and other legal risks.

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Attorneys Practicing in this Area
INSIGHTS and Webinars

Compliance Policy Templates

We develop templates for use by business lenders and MCA funders designed to guide compliance with state and federal law, including:

  • AML OFAC Patriot Act
  • CAN-SPAM
  • ECOA
  • EFT
  • ESIGN
  • FCRA
  • SCRA
  • TCPA
  • UDAP

Compliance Policy Templates

We develop templates for use by business lenders and MCA funders designed to guide compliance with state and federal law, including:

  • AML OFAC Patriot Act
  • CAN-SPAM
  • ECOA
  • EFT
  • ESIGN
  • FCRA
  • SCRA
  • TCPA
  • UDAP

Attorneys Practicing in this Area

June 30, 2026

The Hudson Cook Usury Monitor – A Publication of Recent Usury and Finance Charge Cases – Spring 2026

Clayton C. Swears

Partner

June 08, 2026

THE WEEKLY SWEEP – NORTHEAST FINANCIAL SERVICES REGULATOR ACTIVITY

Thomas P. Quinn, Jr.

Partner

May 29, 2026

New York Appellate Decision Provides Clear and Well-Reasoned Resource for the RBF Industry

Robert F. Gage

Partner

May 29, 2026

CFPB Issues Slimmed-Down Version of 1071 Rule

Trisha J. Cacciola

Partner

April 30, 2026

The Hudson Cook Usury Monitor – A Publication of Recent Usury and Finance Charge Cases – Winter 2025

Clayton C. Swears

Partner

February 27, 2026

New York Criminal Usury as a Claim in Bankruptcy

Clayton C. Swears

Partner

January 30, 2026

The Hudson Cook Usury Monitor – A Publication of Recent Usury and Finance Charge Cases – Fall 2025

Clayton C. Swears

Partner

January 23, 2026

Consumer Financial Services Bites of the Month Annual Review

Eric L. Johnson

Partner

January 22, 2026

CFS Bites of the Month – 2025 Annual Review – Business to Business

Eric L. Johnson

Partner

November 18, 2025

Hudson Cook Enforcement Alert: FTC Announces Permanent Ban against Business Financing Company and CEO for Alleged Violations of FTC Act, Telemarketing Sales Rule, and Consumer Review Fairness Act

Michael A. Goodman

Partner