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GEORGIA • MCA LAW

Georgia SB 90

Georgia SB 90 establishes new disclosure standards for MCA providers and commercial lenders, requiring clear repayment, fee, and APR-style information before a small business signs.

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EFFECTIVE
Effective date per Georgia Senate Bill 90
COVERS
MCA providers and other non-bank commercial lenders offering covered financing to Georgia small businesses. Traditional banks and certain exempt institutions are not covered.
ENFORCED BY
Georgia Department of Banking and Finance and the Office of the Attorney General, per SB 90.
KEY PROVISIONS

What SB 90 requires

Total repayment amount

Providers must disclose the full amount the business will repay over the life of the financing.

All fees and charges

Every fee and charge baked into the deal must be itemized so borrowers see the real cost of capital.

Payment frequency and method

Whether the provider pulls daily, weekly, or a percentage of sales, the cadence and method of collection must be disclosed in advance.

Estimated annualized cost (APR-style)

An annualized cost of financing must be presented so Georgia borrowers can compare offers the same way they would compare consumer credit.

Prepayment penalties

Any prepayment penalties or non-discounted early-payoff terms must be clearly stated upfront.

PENALTIES

What happens if a provider doesn't comply?

Providers that fail to comply are subject to state regulatory action. Non-compliant disclosures may also strengthen a borrower’s position in disputes over MCA terms.

IF YOU'VE BEEN AFFECTED

What borrowers can do now

  1. Request and save the SB 90 disclosure you received before signing any Georgia MCA or factoring agreement.
  2. Check the disclosed APR-style metric against the actual dollars leaving your account daily or weekly.
  3. Document any fees or prepayment terms not reflected in the disclosure.
  4. Schedule a complimentary contract audit with Debt Consultants Group to review your options.

Citations & sources

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