The Legal Ground You’re Standing On
Illinois MCA law: the three facts that shape every option
Every resolution strategy — renegotiation, settlement, defense, refinancing — plays out differently depending on these three pieces of Illinois law. A firm that can’t speak to them isn’t the best firm for a Illinois file.
1Usury limits & the recharacterization question
The Illinois Interest Act sets a general 9% maximum on written contracts (815 ILCS 205/4) but exempts business loans almost entirely — any rate may be charged on a loan to a business, subject only to the consumer-focused Predatory Loan Prevention Act. Illinois also retains criminal usury: under 720 ILCS 5/17-59 it is a Class 4 felony to knowingly contract for or receive interest above 20% per annum on a loan, with exemptions for licensed lenders. Because MCAs are documented as receivables purchases, neither cap applies unless a court recharacterizes the advance as a loan — examining the reconciliation provision, whether the term is finite, and recourse on default or bankruptcy.
Sources: 815 ILCS 205/4 — Interest Act (9% general rate; business exception) · 720 ILCS 5/17-59 — criminal usury above 20% (Class 4 felony) · Levenfeld Pearlstein — MCA recharacterization in bankruptcy
2Confessions of judgment in Illinois
Permitted commercially, with strict venue limits Illinois permits confession of judgment on commercial debts under 735 ILCS 5/2-1301(c), but with a teeth-bearing venue restriction: the application must be made in the county where the obligation was executed, where a defendant resides, or where a defendant owns property — a judgment confessed anywhere else "has no force or validity." Consumer transactions have been off-limits since 1979. For an Illinois business, that means a confessed judgment is possible but frequently attackable: out-of-county and out-of-state confessions face validity challenges, and Illinois courts strictly construe the statutory remedy.
Sources: 735 ILCS 5/2-1301 — confession of judgment (venue limits; consumer ban)
3Commercial financing disclosure: where Illinois stands
Illinois has repeatedly come close to — but not enacted — a commercial financing disclosure law. SB 2234 (Small Business Truth in Lending Act) would have required MCA providers to register with the state, disclose an estimated APR and finance charge, and face penalties up to $10,000 per violation under the Consumer Fraud Act; the Senate passed it in May 2024, but it died in the House. A successor (HB 2595, Small Business Financing Transparency Act) was introduced in February 2025 and remained in committee. Until something passes, Illinois merchants hold none of the disclosure rights that California, New York, Florida, Georgia, and Texas businesses now have — the contract is the whole story, so scrutinize it before signing.
Sources: SB 2234 — Small Business Truth in Lending Act (103rd G.A., introduced text) · Woodstock Institute — Illinois Senate passes SB 2234 (May 2024)