Hofer Hagan LLP

03/26/2026

Do you have an Indiana-based company that has gotten in trouble with a Merchant Cash Advance (MCA) company? In our business debt defense practice we have run into more inquiries from businesspeople with MCA problems. I asked Google Gemini for an overview of the players, and this is what came back (shortened): If any of this information is wrong, let us know.

In Indiana, Merchant Cash Advance (MCA) companies typically don't start their legal battles in local Hoosier courts. Instead, they often use Confessions of Judgment (COJ) or forum-selection clauses to sue in New York or Connecticut first, then "domesticate" those judgments in Indiana to freeze your local bank accounts.

Based on recent 2026 legal trends and defense records, the following companies and groups are known for aggressive litigation or have been frequently named in defense cases involving Indiana businesses:

1. High-Litigation MCA Funders
These companies are frequently cited by defense attorneys (such as Grant Phillips Law and Delancey Street) as being active in filing lawsuits or enforcing liens against defaulting merchants:

Richmond Capital Group / RCG Advances: Historically one of the most aggressive, though they have faced significant federal scrutiny and bans for their collection tactics.

CloudFund & Yellowstone Capital: Known for high-volume filings in New York courts against out-of-state businesses, including those in Indiana.

Itria Ventures (and Biz2Credit affiliates): Often use formal legal channels and UCC-1 filings to secure and pursue debts.

Triton Recovery / TVT Capital: Frequently appear in "domestication" cases where they move an out-of-state judgment into Indiana to seize assets.

2. Companies Using "Foreign Judgments" in Indiana
Many funders sue in New York because of favorable laws, then hire Indiana-based counsel to enforce the judgment. If you bank with regional institutions like Old National Bank, First Internet Bank, or 1st Source, you may see actions from:

TVT Capital

Everest Business Funding (EBF)

Spartan Capital

1st Global Systems

3. Common Tactics Used in Indiana
In 2026, Indiana courts (specifically in Marion County) have become more skeptical of these companies. Here is how they typically pursue Indiana customers:

UCC-1 Liens: They file a notice with the Indiana Secretary of State, which "perfects" their interest in your accounts receivable. This can prevent you from getting any other business financing.

The "Three Pillar Test": Indiana defense attorneys now use this legal standard to argue that an MCA is actually an illegal, high-interest loan rather than a purchase of future sales.

Bank Levies: They don't need to sue you in Indiana to freeze your money; they can serve a "Restraining Notice" on your bank if the bank has a branch in the state where the judgment was originally won.

Important Context for Indiana Business Owners
As of March 2026, Indiana's legal landscape has shifted. The SB 169 reorganization updated the state’s lending code, giving small businesses more leverage to argue that these advances should follow Indiana usury laws.

02/20/2026

We are releasing the first version of our imaginary Hofer Hagan Indycar. We're proud of our origins in Indianapolis, the capital of racing in the United States, but if we actually sponsored an Indycar, nobody would be able to afford us. Maybe one day we'll get a sticker on one.

02/19/2026

The US Department of Transportation announced that it is shutting down hundreds of truck driving schools because they are failing to meet safety standards in their training. I have mixed feelings about this news. On the one hand, nobody favors putting unsafe drivers on the road. On the other hand, if you go to far, you may limit the supply of the drivers needed to get our goods from place to place.

In previous years we represented some former students who were being sued by Driver Solutions, a driving school with operations in our home town of Indianapolis. Those cases were our introduction to systematic issues in truck driver training in the US that were not limited to Driver Solutions. (For the most part we were able to resolve these cases on a mutually agreeable basis, and we are no longer involved in these cases.) I am not qualified to evaluate the training standards because I am not a truck driver. What we were dealing with were issues arising out of what are, in my opinion, unfair contracts, contracts which people felt pressured to sign because lack of economic opportunity were driving them to desperation. One-sided contracts are endemic to the industry, and Driver Solutions' contracts are probably not the worst.

Students sign the one-sided contracts because people going to truck driving schools usually come from economically disadvantaged background, and they have very little money to spend on education. Truck Driving schools subsidized by trucking companies end up locking new drivers into contracts driving for economically marginal wages after graduation.

I think we need to have safety standards for truck driving schools. I think there should be more consumer protection on the contracts, and affordable loans should be more available for students going to truck driving schools.

We also have to recognize that we are probably training the last (large) generation of long-haul truck drivers. Automotive companies are not investing billions of dollars in self-driving technology just so you don't have to put your hands on the wheel when you go to the grocery store. The real payoff is self-driving semis. All of the people who have made their living as truck drivers will suddenly find their expertise is not as valuable. We have to figure out how to take care of these people and give them a fresh start.

Investigators discovered that the schools employed unqualified instructors, failed to adequately test students and had other safety issues.

02/07/2026

After more than three years of work we have finally been getting cases pushed through to conclusion helping Indiana customers of Power Home Solar/Pink Energy get out of fraudulent contracts, and out of oppressive loans. While we have been getting results that matched our expectations, the process was longer and harder than we initially anticipated. Like most things though, the more you do it, the easier it becomes.

We wanted to get a big picture of all the solar companies that were building up complaints in Indiana, so we did an Open Records Act request to the Indiana attorney general's office. Keep in mind most people ripped off by companies of every type don't file formal complaints, and some formal complaints aren't meritorious, but looking at the list of solar complaints is still instructive.

The Attorney General's office identified 73 solar complaints from 1/1/2019 until early January 2026. Of those 30 involved Power Home Solar aka Pink Energy. This was by far the largest share. Number 2 was Modern Mill Solar with 7 complaints. Universal Solar Direct of Indiana had 5 complaints. Blue Raven Solar, Solar Mosaic, Next Level Solar, and Sun Power Solar all had 3 complaints. Nationwide Solar Installer Services LLC had 2 complaints and Suns OUt Solar Inc. had 2. There were a host of other providers with one complaint.

So here is the rundown

Number 1 with a Bullet - the Runaway Complaint Leader with 30 complaints

Power Home Solar Inc. (aka Pink Energy)

Number 2 - 7 Complaints

Modern Mill Solar

Number 3- 3 Complaints (tie)

Blue Raven Solar

Solar Mosaic

Sun Power Solar

Next Level Solar USA

2 Complaints

Nationwide Solar Installer Services LLC

Suns Out Solar Inc.

Companies with 1 complaint: Better than average?

American Dream Solar and Window Inc.

Sun Warrior

Shine On Solar LLC

Pro Terra Solar

Hightec Solar Inc.

Ohio Valley Solar

Posey Solar Inc.

Note that we also received from the Attorney General a separate list that was separated from the results above. I believe it was from a separate search on different criteria. My guess it included complaints that were not specifically linked to Solar contracts. It included complaints against

Go Green Education

G.E. Security

US. Solar Solutions

SOlar Energy/Solar Exxpress

Security Inc.

Home Solar

Blue Raven Solar

Renew solar - 5 complaints

Solar Strategies

Pro American Solar

Solar Energy

These complaints against Blue Raven and Renew Solar suggests that maybe these companies should have been higher in the master list.

Some big companies are notably absent from this list: Sunrun and Sunnova. This doesn't include solar lenders like GoodLeap (LoanPal), Sunlight Financial, Solar Mosaic, Dividend Finance, Technology Credit Union and Cross River Bank. As a practical matter solar claims often have to be raised against the lenders.

If you are looking for an Indiana attorney to help you with a problem relating to a residential solar system contract, I urge you to contact us at Hofer Hagan LLP. As far as we can tell, we are the only law firm in Indiana that is actively representing consumers in solar contracts in an organized way. Call us at (317) 349-0887 or fill out an inquiry at our website here.

Hofer Hagan LLP serves Indianapolis & beyond with solar panel litigation representation. Call (317) 349-0887 to request a consultation.

02/05/2025

Journalist Kara Kenney and RTV6 reported today on the nationwide class action filed by Hagan and White, LLP and it’s colleagues, against Asta Funding, LLC, the parent company of Palisades XVI and Palisades Collections, who, together, rank among the largest holders of consumer debts in the nation. Working with the Consumer Law Office of Steve […]

The post Keith Hagan featured on RTV6 expose about Dead Debt Collectors appeared first on Hofer Hagan LLP .

Journalist Kara Kenney and RTV6 reported today on the nationwide class action filed by Hagan and White, LLP and it’s colleagues, against Asta Funding, LLC, the parent company of Palisades XVI and Palisades Collections, who, together, rank among the largest holders of consumer debts in the nation. ...

08/15/2024

From the "Corporations out of Control" file: Disney is defending a lawsuit for a personal injury at a restaurant at one of its properties on the grounds the plaintiff clicked on a terms of service agreement for Disney plus television service. I am inclined to cancel my Disney Plus service, but I would like to do it as part of an organized effort so they get the point.

The plaintiff thinks Disney’s argument “borders on the absurd.”

05/16/2024

It's May in Indianapolis, and that means racing. (Well, this year it still means basketball too.) Most people coming to Indianapolis are surprised at the size of Indianapolis Motor Speedway. The oval is 2.5 miles, but there are also surrounding grounds. There are other race tracks bigger, but rarely in the middle of a city. The first Indianapolis 500 was in 1911, but there were other races there a few years before, including motorcycles, balloons and airplanes. The city grew up around the track, and the track to a certain degree sparked the growth of the city. The Allison Engine Company started as a company to supply racing engines to the Indianapolis race teams. In WWI the company got into the aircraft engine business. In WWII, Allison engines powered all of the P-38 Lightnings, all of the P-39s, most of the P-40s and the early P-51 Mustangs, and all of those engines were built in Indianapolis. Postwar, Allison got into jet and turboprop engines. 20 years ago or so, Allison was acquired by Rolls Royce and merged into Rolls Royce's aircraft engine operations. If you ever visit Indianapolis, take a half day and visit the motor speedway. Try to wait about a year though because the Speedway museum is closed for refurbishment and expansion that will last about another year.

12/02/2023

Thursday was the "Delivery Event" for the Tesla Cybertruck. What do you think of it?

“It’ll never see the light of day…” So says the perplexed gentleman standing next to what we have just explained is the production version of a pickup with f...

12/21/2022

New York has an interesting legislative approach towards making Amazon warehouses less hostile to their workers.

The Warehouse Worker Protection Act aims to crack down on stringent work quotas.

10/13/2022

If you are looking for an attorney in Indiana to handle a Pink Energy/ Power Home Solar case, please go to our consumer law website, www.hoferlawindy.com and fill out a quick contact form. Since the bankruptcy hit we have been working hard to call everybody back, but it has been a challenge.

MEDIA INQUIRIES: Are you looking for an expert to interview in the indianapolis/central Indiana area on topics of consumer law, consumer scams, credit reporting, debt collection, etc., please call us at 317-662-4529.   

10/13/2022

Pink Energy filed bankruptcy leaving 25,000 to 50,000 customers in the lurch, $140 million in liabilities. You may have fouled something up in life, but I doubt that you ever fouled anything up as much as they mucked up Pink Energy. If you are in Indiana and have a Pink Energy, Power Home Solar problem, or a problem with any of their finance companies, please check out my post below.

The company’s customers are concerned they’ll be stuck with huge loan payments for solar panel systems that aren’t delivering.