- Small businessesIncreases upfront transparency about factoring costs and reserve terms for small businesses.
- Potential benefitHelps small firms compare offers and negotiate better financing terms.
- Potential benefitMay reduce disputes and unexpected shortfalls by standardizing disclosures.
CASH Act
Referred to the House Committee on Small Business.
Requires providers that purchase accounts receivable (factoring providers) to give small businesses written disclosures before entering factoring facility agreements under $500,000 (or believed to be under $500,000). Disclosures must state discount amount/percentage, fees, reserve terms and amount, agreement duration, and a $10,000 example showing net proceeds.
Liberal-left opposes federal preemption; conservatives value uniformity
Relative to its intended legislative type, this bill establishes a clear, narrowly tailored statutory disclosure requirement for factoring facility agreements under specified thresholds and defines key terms and a preemption rule.
Requires providers that purchase accounts receivable (factoring providers) to give small businesses written disclosures before entering factoring facility agreements under $500,000 (or believed to be under $500,000).
Disclosures must state discount amount/percentage, fees, reserve terms and amount, agreement duration, and a $10,000 example showing net proceeds.
The bill preempts state rules that are additional or inconsistent and defines key terms including a conclusive presumption that parties’ characterization of a sale is a true sale.
Substantively modest and noncontroversial but preemption and enforcement gaps invite stakeholder pushback; Senate procedural hurdles lower standalone prospects.
Relative to its intended legislative type, this bill establishes a clear, narrowly tailored statutory disclosure requirement for factoring facility agreements under specified thresholds and defines key terms and a preemption rule. It gives concrete detail on what must be disclosed but omits administrative, enforcement, fiscal, and procedural scaffolding that would normally accompany a new statutory obligation.
Liberal-left opposes federal preemption; conservatives value uniformity
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Potential burdenImposes additional compliance paperwork and administrative costs on factoring providers.
- Potential burdenProviders may exit small-dollar factoring markets, reducing access for smaller firms.
- Federal agenciesFederal preemption could limit stronger state-level consumer or licensing protections.
Why the argument around this bill splits.
Liberal-left opposes federal preemption; conservatives value uniformity
Generally supportive of increased transparency for small businesses, but concerned about federal preemption and the conclusive-sale language.
Sees benefits for borrower awareness but worries the bill may block stronger state consumer protections and not go far enough.
Views the bill as a pragmatic measure to standardize disclosures and reduce information asymmetries, while noting tradeoffs around preemption and enforcement.
Seeks clearer enforcement and limited scope to avoid unnecessary costs.
Likely to view the bill as a modest, market-friendly transparency requirement that creates uniform rules across states.
Concerned about any unnecessary regulatory paperwork but generally favorable to predictability for commerce.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Substantively modest and noncontroversial but preemption and enforcement gaps invite stakeholder pushback; Senate procedural hurdles lower standalone prospects.
- No enforcement mechanism or remedy specified in text
- Which federal agency would oversee compliance
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Liberal-left opposes federal preemption; conservatives value uniformity
Substantively modest and noncontroversial but preemption and enforcement gaps invite stakeholder pushback; Senate procedural hurdles lower…
Relative to its intended legislative type, this bill establishes a clear, narrowly tailored statutory disclosure requirement for factoring facility agreements under specified thresholds and defines key terms and a preem…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.