Cash-Advance Pioneer Yellowstone Sued by New York for $1.4 Billion

  • Lawsuit calls small-business lender a ‘fraudulent operation’
  • Company was biggest user of predatory confessions of judgment

Yellowstone claimed rules on loan limits didn’t apply because the transactions were “advances” on businesses’ future revenue rather than loans.

Photographer: Mel Longhurst/Universal Images Group/Getty Images

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Yellowstone Capital, a pioneer in a form of high-risk lending called merchant cash advance, was sued by New York’s attorney general for $1.4 billion for allegedly making illegal loans to small businesses.

For years, Yellowstone lent money at rates that exceeded usury limits – sometimes more than 800% annualized, according to the lawsuit filed in New York state court in Manhattan Tuesday. Like other cash-advance companies, Yellowstone claimed those rules didn’t apply because the transactions were “advances” on businesses’ future revenue rather than loans.