The Legal Ground You’re Standing On
Tennessee 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 Tennessee law. A firm that can’t speak to them isn’t the best firm for a Tennessee file.
1Usury limits & the recharacterization question
Tennessee's usury statute (Tenn. Code Ann. § 47-14-103) caps written contracts at the "formula rate" — 4 points above the Federal Reserve's average prime loan rate or 24% per annum, whichever is less (§ 47-14-102; the current weekly rate is published by the TN Department of Financial Institutions). Willful collection of usury is a Class A misdemeanor under § 47-14-112. These caps apply to loans, and Tennessee has no statute addressing MCAs directly — so they reach an advance only if a court recharacterizes it as a disguised loan, applying the risk-based factors used nationally (meaningful reconciliation, indefinite term, absence of full recourse). Tennessee-specific recharacterization law is unsettled: treat it as a risk argument, not settled doctrine.
Sources: Tenn. Code Ann. § 47-14-103 (maximum effective rates) · Tenn. Code Ann. § 47-14-102 (formula rate definition) · Tenn. Code Ann. § 47-14-112 (willful usury, Class A misdemeanor)
2Confessions of judgment in Tennessee
Void in TN — but NY confessions get enforced anyway Tenn. Code Ann. § 25-2-101(a) declares void any power to confess judgment given before suit is filed, so a funder cannot confess judgment in a Tennessee court. But the workaround is real and court-tested: in Capital Partners Network v. TNG Contractors (Tenn. Ct. App. 2020), a New York confession of judgment entered on an MCA-style future-receipts agreement against a Tennessee trucking contractor was given full faith and credit and enrolled in Tennessee — despite § 25-2-101 — because the merchant had knowingly waived notice and a hearing. A Tennessee merchant's protection against confessions is therefore weaker than the statute suggests; what matters is where the funder can obtain the judgment.
Sources: Tenn. Code Ann. § 25-2-101 (pre-suit confessions void) · Capital Partners Network v. TNG Contractors (Tenn. Ct. App. 2020)
3Commercial financing disclosure: where Tennessee stands
Tennessee has not enacted a commercial financing disclosure law — the March 2026 Venable survey lists ten enacted states with Tennessee in neither the enacted nor pending column, and the 2025–26 General Assembly session shows no MCA disclosure bill. Tennessee merchants hold no statutory right to pre-signing cost disclosures: the agreement is the whole story, and given the TNG Contractors precedent on out-of-state confessions, what you sign travels further here than in most states.
Sources: Venable — State Commercial Financing Disclosure Laws (Mar. 2026)