Settlement with Yellowstone Capital regarding MCAs

Credit, Debt, & Lending

This page was last updated on January 12, 2026.

New York Attorney General Letitia James has settled a lawsuit against Yellowstone Capital and its companies for cheating small businesses. The Yellowstone companies provided the small businesses with illegal high-interest loans disguised as merchant cash advances (MCAs).

Because of the settlement:

  • All merchant debts to Yellowstone, totaling $534 million, have been automatically canceled.
  • Legal actions that Yellowstone took against merchants have been vacated.
  • Yellowstone terminated liens against merchants’ property upon the merchants' request.

Rust Consulting, the settlement administrator, is handling all claims. If you are eligible for settlement relief, you should have received a notice from Rust Consulting.

The Office of the New York State Attorney General (OAG) cannot offer any legal advice on the lawsuit or settlement. The OAG does take complaints about MCAs, including Yellowstone continuing to try to collect debts.

To find out whether you may be affected by this settlement, read our frequently asked questions in the following section.

Recent updates

December 2, 2024: Settlement submitted to the court 

January 16, 2025:  Settlement entered by the court

March 21, 2025: Notices sent by mail and/or email to those eligible for settlement relief

April 29, 2025:  First batch of Yellowstone judgments vacated by the court

July 8, 2025:  Deadline to request lien termination

October 10, 2025:  Notices sent by mail and/or email to merchants potentially eligible for settlement relief

December 18, 2025: Final batch of Yellowstone judgments vacated by the court

January 9, 2026: Deadline to submit a claim for a settlement payment or vacatur of a judgment

Frequently asked questions

About the lawsuit and settlement

Why did OAG sue Yellowstone? Who is involved in the suit? 

Yellowstone provided merchant cash advances (MCAs) to small businesses. MCAs are a form of short-term, high-interest funding for small businesses, particularly those that cannot get loans from traditional banks. A business typically receives a lump sum in exchange for a share of its revenue over time. 

Attorney General James sued Yellowstone and all its subsidiaries in March 2024.  The lawsuit alleges, among other things, that: 

  • Yellowstone was providing loans rather than MCAs.
  • The loans’ interest rates were much higher than state law allows.
  • Yellowstone used deception and fraud to collect on the loans.

The OAG has settled with Yellowstone and its subsidiaries and its CEO and president.

This settlement applies only to Yellowstone MCAs. This includes Yellowstone and its 25 subsidiaries: 

  • Yellowstone Capital LLC
  • ABC Merchant Solutions LLC
  • Advance Merchant Services LLC
  • Business Advance Team LLC
  • Capital Advance Services LLC
  • Capital Merchant Services, LLC
  • Cash Village Funding LLC
  • Fast Cash Advance LLC
  • Fundry LLC
  • Fundzio LLC
  • Green Capital Funding LLC
  • HFH Merchant Services LLC
  • High Speed Capital LLC
  • Merchant Capital Pay LLC
  • Merchant Funding Services LLC
  • Midnight Advance Capital LLC
  • Mr. Advance Capital LLC
  • Ocean 1213 LLC
  • Simply Equities LLC
  • TVT Cap Fund LLC
  • TVT Capital HR LLC
  • Thryve Capital Funding LLC
  • WCM Funding LLC
  • West Coast Business Capital LLC (formerly known as Yellowstone Capital West)
  • World Global Capital LLC

The OAG also sued:

  • Delta Bridge Funding, also known as Cloudfund, which took over Yellowstone’s business in May 2021
  • individual members of management
  • individuals called “funders” who worked directly with merchants 

This lawsuit is ongoing. The OAG has not settled with any of these parties to the lawsuit. We do not know when this lawsuit will be resolved.

  • The settlement has been signed by all parties: OAG, the Yellowstone companies, and the related individuals.
  • The settlement has been approved by the court and is now in effect.
  • Under the settlement, all merchant debts to the Yellowstone companies are automatically canceled.
  • Many court judgments that Yellowstone obtained against merchants have been vacated.
  • Yellowstone has terminated UCC liens against merchants’ property upon request.
  • Merchants who could be eligible for a settlement payment were sent a notice from Rust Consulting, the settlement administrator.  These merchants had an opportunity to submit a claim.

More information about vacating court judgments, terminating liens, and settlement payments is available in the corresponding FAQ sections.

To learn more about the settlement, read the Attorney General’s press release. For complete details about the settlement, read the consent order and judgment with Yellowstone and the Yellowstone officers.

 

Key updates will be posted on this web page.

Certain updates may be communicated by mail or email. To ensure you receive all communications, please provide your email address at the Rust website.

 

In the lawsuit, Yellowstone, Delta Bridge, and the individuals asked the court to dismiss all of the OAG’s claims

  • The OAG opposed the requests, which are now pending before the court. We do not know when the court will rule on them.
  • After the court rules on the requests, OAG will ask the court to rule on all remaining claims.
  • Yellowstone is no longer part of the lawsuit, because it has agreed to the settlement. The lawsuit continues against Delta Bridge (Cloudfund) and the remaining individuals.
  • For updates on the lawsuit, you can also check the court’s docket, which is public (case number 450750/2024).

Relief provided by the settlement

  • Check the top of your MCA contract and read the first paragraph of the contract. Sometimes the name at the top of the contract is a doing-business-as (DBA) name, and not the legal name.
  • If you don’t have the contract, check old emails – but note that the person you were dealing with may have been an intermediary. The name of their business may be different from the company that actually provided the MCA.
  • You can also check your business’s bank statement to see the name of the company debiting the account.
  • To see if your MCA was issued by one of the Yellowstone companies, compare it to the list of Yellowstone companies.

For merchants with MCAs from any of the Yellowstone companies, the settlement does all of the following:

  • automatically cancels all outstanding debt merchants owe to Yellowstone
  • dismisses pending lawsuits against merchants
  • vacates court judgments against some merchants
  • terminates some UCC liens against merchants’ businesses and property

The settlement does not apply to MCAs with Delta Bridge or Cloudfund, or any other MCA company apart from the Yellowstone companies. See the full list

Merchants are only eligible for a settlement payment if they paid more to Yellowstone than they received, and filed a claim with Rust Consulting by January 9, 2026.

In March 2025 and October 2025, Rust Consulting, the settlement administrator, sent notices to merchants who could be eligible for a settlement payment. The notices informed merchants that they needed to submit a claim by January 9, 2026.

Now that the claim period has closed, Rust Consulting will review the claims and determine which merchants are eligible and how much they should receive. We expect to distribute the settlement payments in the coming months,

Once Rust Consulting determines the payment amounts, they will notify the merchants and mail checks to the address provided. Merchants will also receive an email to let them know that a check has been mailed to them. We will also update this website at that time.

  • If you owed a balance to any of the Yellowstone companies for an MCA, 100% of your debt has been canceled under the settlement.
  • If you entered a settlement with Yellowstone based on an MCA agreement, and still have a balance on the settlement amount, that is canceled too.
  • Your debt is canceled – whether it’s your business that is in debt to Yellowstone or it’s you personally who is a guarantor of the debt.
  • No. If you have an outstanding balance to any Yellowstone company, based on an MCA agreement, your debt is automatically canceled under the settlement.
  • As part of the settlement, Yellowstone is prohibited from taking any action to collect the debt, or from selling your debt to anyone else to collect.
  • If you are a merchant with an outstanding balance to Yellowstone, you should have received a notice from Rust that your debt was canceled.
  • Rust sent these notifications on March 21, 2025, by mail and/or email, depending on the contact information Yellowstone had on file.

As part of the settlement with OAG, Yellowstone was required to vacate certain court judgments it had obtained against businesses based on an MCA.

In each county where Yellowstone had a judgment against a merchant, the court ordered the judgments vacated. The specific judgments vacated by the order were those that Yellowstone identified on a list it submitted to the court in each county.

Yellowstone also identified additional judgments to be vacated, based on information that merchants submitted in their settlement claim forms (the deadline to submit these claim forms was January 9, 2026). These judgments were also vacated by the court orders.

Please note:

  • Vacatur under the settlement only applies to court judgments by one of the Yellowstone companies (see answer to previous question, “How can I find out if my MCA was from one of the Yellowstone companies?”).
  • If you paid the full amount of a judgment against you, and Yellowstone notified the court that you no longer owed anything, your judgment was satisfied. If this happened, Yellowstone was not required to vacate the judgment as part of the settlement with OAG.
  • Rust sent you a notice if our records indicated that Yellowstone had an unsatisfied judgment against you or your business. Rust sent these notifications on March 21, 2025, by mail and/or email, depending on the contact information Yellowstone had on file.
CountyStatusIndex Number
Albany CountyJudgments vacatedN/A
Bronx CountyJudgments vacated808306/2025E
Broome CountyJudgments vacatedEFCA2025001126
Chautauqua CountyJudgment vacatedEK12025000529
Dutchess CountyJudgments vacated2025-51786
Erie CountyJudgments vacated806533/2025
Genesee CountyJudgment vacatedN/A
Jefferson CountyJudgment vacatedN/A
Kings CountyJudgments vacated512355/2025
Madison CountyJudgments vacatedN/A
Monroe CountyJudgments vacatedE2025007934
Nassau CountyJudgments vacated608184/2025
New York CountyJudgments vacated155044/2025
Niagara County Judgments vacatedN/A
Onondaga CountyJudgments vacatedN/A
Oneida CountyJudgments vacatedEFCA2025-001217
Ontario CountyJudgments vacated141253-2025
Orange CountyJudgments vacatedEF003426-2025
Otsego CountyJudgment vacatedEF2025-326
Putnam CountyJudgments vacated500612/2025
Queens CountyJudgments vacated709583/2025
Richmond CountyJudgments vacated85073/2025
Rockland CountyJudgments vacated032054/2025
Schenectady CountyJudgments vacated2025-801
Seneca CountyJudgment vacatedN/A
St. Lawrence CountyJudgments vacatedN/A
Suffolk CountyJudgments vacated608645/2025
Westchester CountyJudgments vacated60271/2025

As part of the settlement, Yellowstone has terminated outstanding liens upon a merchant's request.

  • The deadline to submit a request for lien termination was July 8, 2025, as posted on this website and explained in notices sent to merchants.
  • UCC liens typically expire automatically after five years. If Yellowstone’s lien is more than five years old, it may have already expired.
  • You may be able to check the status of a lien by searching a database provided by the state where you are located. New York merchants can search the name of their business on the New York Department of State’s UCC Lien Filing System.

The Yellowstone companies, and the two executives who are part of the settlement, are: 

  • permanently barred from the MCA industry 
  • required to cooperate in OAG’s ongoing lawsuit, and in any other OAG investigation concerning MCAs

Help with your Yellowstone MCA

Yellowstone has agreed to cancel all MCA debt and to stop all collection efforts related to its MCAs.

Problems with other MCA companies (including Delta Bridge/Cloudfund)

The OAG has asked the court to rule that MCAs from Delta Bridge (Cloudfund) are illegal loans, and to order them to stop collecting payments. But the court has not yet ruled on that request. In any case, the court’s ruling will apply only to Delta Bridge MCAs – not to MCAs from other companies.

  • If you are having problems with your MCA from Delta Bridge (Cloudfund) or another company, file a complaint with OAG. Include as much detail as possible. Attach all relevant documents.
  • You may want to consult an attorney about any legal rights you may have against Delta Bridge or another MCA company. Questions about whether to continue making payments on an MCA should be directed to your attorney.
  • The OAG cannot act as your lawyer or provide any legal advice.

Statements and evidence from victims can be very helpful to proving deception and fraud.

If you had an MCA from Yellowstone or Delta Bridge (Cloudfund), and would like to provide a statement or evidence for the court, fill out a complaint form on the OAG website:

  • Please include as much detail as possible.
  • Attach all relevant documents you have available – like your MCA agreements with Cloudfund or Yellowstone, payment records, and email or text correspondence.  
  • If the form does not let you upload all your information, write in your complaint that you have more documents to provide. We will contact you to follow up.

If you did not receive a notice from Rust, but still believe you are eligible for settlement relief after reviewing the FAQ above, please email info@yellowstonesettlement.com with your name and the EIN of the business that the MCA was issued to. You may also be required to provide additional information.