# 2026 Midterms: New State AGs and What It Means for MCAs

> Voters picked attorneys general in 30 states on November 3. Most people paid attention to Congress. But if your business has a merchant cash advance, some of these state races may matter more to you.

- URL: https://fundingtracker.app/blog/midterms-2026-new-state-ags-what-it-means-for-mca
- Published: 2026-11-05
- Updated: 2026-11-05
- Author: Funding Tracker Team
- Category: Industry News

## 2026 Midterms: New State AGs and What It Means for MCAs

Voters picked attorneys general in 30 states on November 3. Most people paid attention to Congress. But if your business has a merchant cash advance, some of these state races may matter more to you.

Here's why. In several states, the attorney general is the only office that can enforce the law that makes funders show you what an MCA really costs. Who sits in that office decides how hard those rules get enforced.

## What's new

According to a FunderIntel recap posted after the election, here's how the races that matter most for small-business financing turned out:

- **New York:** Letitia James (D) won a third term with 60.1%.
- **Florida:** James Uthmeier (R) kept the seat with 50.9%.
- **Georgia (open seat):** Tanya Miller (D) won with 55.6%.
- **Texas (open seat):** Nathan Johnson (D) won with 52.4%, the first Democrat to win that office since 1994.
- **Kansas:** Not called as of Wednesday evening. Chris Mann (D) led incumbent Kris Kobach (R) by about 12,800 votes.

The day after the election, the Revenue Based Finance Coalition, an MCA industry group, put out a statement saying it looks forward to working with lawmakers "on both sides of the aisle" on "balanced, commonsense policies that promote transparency."

## Why this matters

**Florida, Georgia, and Kansas.** These states have commercial financing disclosure laws, and the attorney general is the only one who can enforce them. Florida's law says it plainly: "The Attorney General has exclusive authority to enforce this part." Fines there run $500 per incident, up to $20,000, and $1,000 per incident, up to $50,000, after the AG gives a warning. The law gives business owners no right to sue on their own, so the AG's office is the only path. FunderIntel reports Georgia's law has the same setup and penalty levels, and Kansas's law gives enforcement only to its AG too.

So in Georgia, a new AG now sets the priorities. In Kansas, it depends on who wins.

**New York.** New York's disclosure law is enforced by the state's Department of Financial Services, not the AG. But the AG's office has brought the biggest MCA cases on record, including the $1.065 billion Yellowstone Capital settlement in January 2025 that canceled more than $534 million in balances. With James reelected, open cases keep moving, including the petition against the RapidRuling arbitration service and the re-figuring of the money award in the Richmond Capital case.

**Texas.** Texas got a new AG, but that office doesn't enforce the state's new sales-based financing law. That job belongs to the Office of Consumer Credit Commissioner. Funders and brokers must register with it by December 31, 2026.

**Nothing changes overnight.** New AGs take office in the new year. No law changed on election night. What can change is how often the rules you already have get enforced.

## What this means for you

**1. Ask for the disclosure.** If you're in a state with a disclosure law, the funder should show you key cost numbers before you sign. If they don't, that's a red flag. Keep a copy.

**2. Know what you still owe.** Write down how much you got, your total payback, and what you've paid so far. The gap is your balance. Our guide shows the simple math: [How Much Do I Still Owe on My MCA?](https://fundingtracker.app/blog/how-much-do-i-still-owe-on-my-mca)

**3. Keep your own payment records.** If you ever file a complaint with your AG, dates and amounts of every daily or weekly pull are your proof. This guide helps: [How to Track Daily MCA ACH Payments](https://fundingtracker.app/blog/how-to-track-daily-ach-payments-merchant-cash-advance)

**4. Know who to call.** In Florida, Georgia, and Kansas, complaints about MCA disclosures go to the attorney general. In New York, disclosure rules go through DFS. In Texas, it's the Office of Consumer Credit Commissioner.

**5. Get help early.** If daily take-outs are squeezing your cash, talk to an accountant or lawyer before you take more funding.

## Track it in one place

Funding Tracker lets business owners see every advance, every payment, and every balance in one spot, so you always know what you owe and when you'll be paid off. If you have more than one advance, see [How to Track Stacked MCAs](https://fundingtracker.app/blog/how-to-track-stacked-mcas-multiple-merchant-cash-advances).

Sign up at fundingtracker.app: https://fundingtracker.app/auth?mode=signup

## Sources

- FunderIntel, "The Attorney General Races That Matter for Alternative Business Lending," posted after the Nov. 3, 2026 election: https://www.funderintel.com/post/2026-attorney-general-races-alternative-business-lending
- deBanked (press release), RBFC statement following the 2026 midterm elections, Nov. 4, 2026: https://debanked.com/2026/11/revenue-based-finance-coalition-executive-director-mary-donohue-issues-statement-following-2026-midterm-elections/
- Florida Statutes § 559.9615: https://www.flsenate.gov/Laws/Statutes/2026/0559.9615

*Funding Tracker is not a lender, broker, or funder, and does not provide loans, cash advances, or legal or financial advice. This post is for general information only.*
