The Legal Ground You’re Standing On
Massachusetts 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 Massachusetts law. A firm that can’t speak to them isn’t the best firm for a Massachusetts file.
1Usury limits & the recharacterization question
Massachusetts has no general civil usury cap for commercial credit, but its criminal usury statute (Mass. Gen. Laws ch. 271, § 49) has real teeth: knowingly charging interest and expenses aggregating over 20% per annum is a crime punishable by up to 10 years, and § 49(c) lets the borrower petition to have the loan declared void. (Lenders can exempt themselves by notifying the Attorney General under § 49(d) and keeping prescribed records — worth checking whether your funder ever filed.) Application to MCAs turns on recharacterization, and Massachusetts trial courts have let it proceed: in Forward Financing v. NRO Boston (Suffolk Superior Court 2018), the court denied an MCA funder's summary judgment motion on its claim that the advance was not a loan — leaving the 20% cap in play for agreements whose effective cost far exceeds it.
Sources: Mass. Gen. Laws ch. 271, § 49 (criminal usury, 20%) · Mass. AG — Chapter 271(d) usury notice filings · Forward Financing v. NRO Boston — Massachusetts MCA analysis
2Confessions of judgment in Massachusetts
Void — commercial and consumer alike Massachusetts voids confession-of-judgment stipulations outright: Mass. Gen. Laws ch. 231, § 13A provides that any contract stipulation agreeing to confess judgment "shall be void," and any confessed judgment taken on one "shall be set aside or vacated on motion of the defendant." Unlike Maryland or Pennsylvania, the ban is not limited to consumer deals — a Massachusetts business cannot validly sign away its right to be heard, and a confessed judgment entered on such a clause is subject to vacatur on motion.
Sources: Mass. Gen. Laws ch. 231, § 13A (confessed judgments void)
3Commercial financing disclosure: where Massachusetts stands
Massachusetts has not enacted a commercial financing disclosure law — the March 2026 Venable survey lists ten enacted states with Massachusetts in neither column, and the 194th General Court shows no MCA disclosure bill (claims on some marketing sites that Massachusetts already requires MCA-specific disclosures could not be verified against any statute and appear inaccurate). What Massachusetts merchants do have is the 20% criminal usury backstop and the § 49(c) void-the-loan remedy — a different, and in some ways stronger, form of leverage.
Sources: Venable — State Commercial Financing Disclosure Laws (Mar. 2026)