MCA debt in Montana
Montana has about 141,000 small businesses, which account for roughly 66% of the state's employment, according to the SBA Office of Advocacy's 2025 profile. Restaurants and hospitality, health care and retail employ the most people, and those are sectors where daily or weekly MCA debits are common.
Montana MCA law: what actually protects you
Disclosure
There is no Montana law requiring MCA providers to disclose an APR or total cost of financing. You'll need to work out the real cost yourself, or with an advisor.
Confessions of judgment
Montana makes confession-of-judgment clauses in written contracts to pay money illegal, void and unenforceable in Montana courts (Mont. Code Ann. § 28-2-709).
Usury
Montana caps agreed interest at the greater of 15% or six points over prime (§ 31-1-107), with no general business-loan exemption for non-regulated lenders.
A landmark Montana MCA case
In 2021, in CapCall v. Foster (In re Shoot the Moon), the U.S. Bankruptcy Court for the District of Montana held that a restaurant group's MCAs were loans and applied Montana usury law despite a New York choice-of-law clause, awarding more than $1.2 million on the usury claim. It is one of the most cited pro-merchant MCA rulings in the country.
What this means for Montana owners
Montana law works in your favor on confessions of judgment: a pre-signed clause in your MCA shouldn't be enforceable here, so a funder that wants a judgment generally has to sue you and prove its case. On the rate side, Montana is one of the few states where usury law could still matter if an MCA is recharacterized as a loan, so the effective annual rate on each of your advances is worth calculating.
If you're behind on an MCA in Montana
- Ask an attorney whether Montana usury law could apply to your MCAs, as it did in CapCall v. Foster.
- Restaurants and hospitality: see how split-funding MCAs work and our food service page.
- Medical and dental practices: see our healthcare page on matching payments to reimbursement cycles.
- Request reconciliation in writing if revenue has dropped. See the reconciliation clause guide.
- Map every position before negotiating. See how to evaluate an MCA stack.
How we help Montana owners
Our role is narrow on purpose: we're independent advisors, paid a flat fee, with no lender partnerships and no cut of any settlement. For Montana owners that means a free first review of your MCA contracts and cash flow, then a written plan weighing reconciliation, renegotiation, refinancing, settlement through a licensed provider, or attorney review.
Start with our MCA debt relief consulting overview, or see MCA debt help in other states.
We work with owners throughout Montana, including Billings, Missoula, Bozeman, Great Falls, Butte and Helena.
Frequently asked questions
Renaissance Capital Advisors provides strategic consulting and referral services only. We are not licensed attorneys, CPAs, financial advisors, or a debt settlement company. Regulated debt-resolution work is performed by appropriately licensed third parties. Nothing on this page constitutes legal, tax, accounting, or financial advice. Consult a licensed professional before making binding decisions.