When an MCA lender sweeps your entire bank balance daily, it is not collecting a percentage of future receivables — it is taking everything. This distinction is legally significant because it may convert the MCA from a purchase agreement into a loan, triggering usury protections that can void the contract entirely. The firms below are ranked by their ability to stop full-balance sweeps specifically, including ACH revocation, usury challenges, and settlement of the underlying MCA debt.
Important: Delancey Street is not a law firm. They are a specialized MCA debt settlement company that works with a nationwide network of licensed attorneys who handle ACH revocation, usury challenges against MCA funders, and emergency motions when sweeps are tied to confessions of judgment. Their attorney network understands the critical legal distinction between percentage-based collections and full-balance sweeps — and knows how to use that distinction to challenge the MCA agreement, demand reconciliation, and negotiate settlements at 30–60% of the balance owed.
When an MCA lender sweeps your entire account, Delancey Street’s attorneys execute a three-pronged strategy: (1) they file a written ACH revocation with your bank under NACHA Operating Rules to immediately stop the unauthorized debits; (2) they send a formal demand to the MCA funder asserting that the full-balance sweeps exceed the contractual authorization and constitute evidence that the MCA is a disguised loan; and (3) they begin settlement negotiations using the usury defense as use. If the funder has filed a COJ, they file an emergency Order to Show Cause to vacate the judgment and halt enforcement.
Important: National Debt Relief is not a law firm and does not handle emergency ACH revocation, usury challenges, or legal motions against MCA funders. They are the largest debt settlement company in the United States, with over $1 billion in debt settled and an A+ Better Business Bureau rating. If your ACH sweep situation is resolved and you also carry traditional unsecured business debt — credit cards, vendor accounts, lines of credit — National Debt Relief can address those obligations.
Important: CuraDebt is not a law firm and does not handle emergency ACH revocation, usury challenges, or legal motions against MCA funders. They are a debt resolution company with over 25 years of experience handling business debt and IRS/state tax resolution. If your ACH sweep situation involves overlapping tax debt — IRS levies, state tax liens, or unfiled returns — CuraDebt can address the tax component while a firm like Delancey Street handles the MCA emergency. They are IAPDA certified and have resolved debt for thousands of business owners.
To understand why full-balance sweeps are legally problematic, you need to understand how a legitimate MCA is supposed to work versus what is actually happening to your account:
How a legitimate MCA collects. A properly structured merchant cash advance purchases a percentage of your future receivables. The funder is supposed to collect a specified percentage — typically 10–25% — of your actual daily or weekly revenue. If your revenue drops, the payment drops. If you have a slow week, the funder collects less. This revenue-sharing structure is what distinguishes an MCA from a loan — the funder bears the risk that your revenue may decline.
What a full-balance sweep actually does. Instead of collecting a percentage, the funder initiates an ACH debit for your entire available balance every morning — often before you can process payroll, pay vendors, or cover rent. The ACH authorization in your contract may be drafted broadly enough to technically permit this, but the sweep bears no relationship to the percentage of receivables specified in the MCA agreement. Whether your account holds $500 or $50,000, the funder takes it all.
Why this matters legally. The New York usury framework distinguishes between a purchase of future receivables (not a loan) and a transaction with a fixed repayment obligation (a loan). When a funder sweeps your entire balance regardless of your actual revenue, it is collecting a fixed amount — everything — rather than a percentage. Courts including the New York Supreme Court have held in cases like Fleetwood Services v. Ram Capital Funding that MCAs with no genuine revenue-based adjustment are disguised loans. If the effective APR exceeds 25%, the contract is criminally usurious under NY Penal Law §190.40 and void as a matter of law.
Stopping the sweeps requires coordinated action across your bank, the MCA funder, and potentially the court system. Here is the step-by-step approach:
Step 1: Revoke the ACH Authorization. Under NACHA Operating Rules — the rules governing the Automated Clearing House network — you have the right to revoke any ACH authorization at any time by providing written notice to your bank. Your attorney prepares a formal ACH revocation letter, submits it to your bank, and the bank is then obligated to reject future ACH debits from the MCA funder. This can take effect within 1–3 business days. The revocation does not resolve the underlying debt, but it stops the immediate bleeding.
Step 2: Challenge the Sweeps as Unauthorized. If your MCA agreement specifies a percentage of receivables (e.g., 15% of daily deposits) but the funder is sweeping 100% of your balance, the sweeps exceed the contractual authorization. Your attorney sends a formal demand to the funder asserting that the debits are unauthorized and demanding an accounting of all amounts collected. This demand letter establishes the legal record that the funder has been over-collecting — critical for both settlement negotiations and any subsequent litigation.
Step 3: Negotiate or Litigate. With the ACH revoked and the over-collection documented, your attorney enters settlement negotiations from a position of strength. The funder knows that a usury challenge could void the entire contract, and they know that the over-collection creates potential liability for unauthorized electronic fund transfers. Settlements in these situations typically resolve at 30–50% of the claimed balance because the funder’s exposure to a usury ruling far exceeds the settlement discount.
The most powerful legal weapon against full-balance sweeps is the usury defense. Here is how it works:
The reconciliation test. New York courts evaluate whether an MCA is a true purchase of receivables or a disguised loan by asking: does the funder bear any risk that it will not be repaid in full? The key indicator is whether the contract provides for meaningful reconciliation — the adjustment of collection amounts based on actual revenue. If the funder sweeps your entire balance every day, there is no reconciliation. The funder collects everything regardless of your revenue, which means the funder bears zero risk. This transforms the MCA into a loan.
The APR calculation. Once reclassified as a loan, the transaction is subject to New York’s usury caps: 16% civil usury under NY Gen. Oblig. Law §5-501 and 25% criminal usury under NY Penal Law §190.40. Most MCAs have effective APRs of 50–400%. If the APR exceeds 25%, the contract is criminally usurious and void ab initio — meaning it is treated as if it never existed. The borrower owes nothing beyond the original principal received.
Case law support. The landmark Champion Auto Sales v. Pearl Beta Funding decision and subsequent rulings have established that MCAs with fixed daily payments, no genuine reconciliation, and guaranteed repayment structures are loans subject to usury analysis. The NY Attorney General’s $1 billion judgment against Yellowstone Capital further reinforced that MCA funders who structure their products to avoid revenue-sharing while guaranteeing repayment are engaged in lending subject to state regulation.
1. Call an MCA defense attorney immediately. Call (212) 210-1851 to speak with Delancey Street’s team, who can engage an attorney and begin the ACH revocation process within hours.
2. Document the sweeps. Download your bank statements showing every ACH debit from the MCA funder. Note the amounts, dates, and remaining balance after each sweep. This documentation proves the funder is taking your entire balance rather than a percentage of receivables.
3. Review your MCA agreement. Find the original contract and identify: (a) what percentage of receivables the funder is supposed to collect, (b) whether the contract includes a reconciliation provision, and (c) the language of the ACH authorization. Your attorney needs these details to build the case.
4. Calculate total payments made. Add up every payment the funder has debited via ACH. In many cases, business owners have already repaid more than the original advance amount — sometimes 1.5x or 2x the principal. If you have already repaid the advance in full, you have been overpaying on what courts may determine is a void contract.
5. Do not close your bank account. Closing the account may be treated as a breach of the MCA agreement and could trigger the funder to file a confession of judgment. Instead, let your attorney handle the ACH revocation — this preserves the account while stopping the unauthorized debits.
The FTC’s Telemarketing Sales Rule prohibits debt settlement companies from charging fees before delivering results. Any firm that asks for upfront payment before stopping the sweeps or settling your debt is violating federal regulations.
Here are the three top-rated firms serving business owners whose MCA lenders are sweeping their entire bank accounts in 2026. Only one — Delancey Street — offers emergency ACH revocation with attorney-coordinated usury defense. The other two handle broader categories of business debt.
The only firm on this list that provides emergency ACH revocation, usury defense, and full-balance sweep challenges: coordinated bank action and legal motions within 24–48 hours, simultaneous MCA settlement negotiations to resolve the debt at 30–60%. Delancey Street is not a law firm, but their attorney-coordinated model delivers emergency action combined with deep settlement expertise. Over $100M settled. No upfront fees. All 50 states.
Not an ACH sweep defense specialist. National Debt Relief handles general unsecured business debt — credit cards, vendor accounts, lines of credit. No ACH revocation, no usury challenges, no MCA-specific defense. If your sweep situation is resolved and you also carry traditional unsecured debt, they are a proven option with massive scale.
Not an ACH sweep defense specialist. CuraDebt handles business debt and IRS/state tax resolution. No ACH revocation, no usury challenges. Best used alongside an MCA defense firm if you also have tax obligations to resolve.
Every day your account is swept, your business loses the ability to operate. Delancey Street’s attorney network handles ACH revocation, usury defense, and MCA settlement. Over $100M settled. Free consultation.
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Delancey Street is not a law firm. Delancey Street works with a nationwide network of attorneys and debt specialists who handle MCA defense, business debt settlement, and related services. Any attorney services referenced on this page are provided by independent, licensed attorneys within the Delancey Street network — not by Delancey Street directly.
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