No Plan is Perfect
September 19, 2025

“No plan survives first contact with the enemy.”

Factoring isn’t the boogeyman and structures are not perfect.


The best structured settlements are beautiful, but don’t get attached to them. Life happens, and as such it’s life, not factoring, that is the enemy of a structured settlement. The best laid plans, like the best policies, with the best intentions, can’t survive unexpected medical complications, car accidents, natural disasters, or a struggling child. This is why people will factor their structures, not greed, stupidity, impulse-control issues, or lack of thought. You can’t go before a judge and say, “I just want money for a vacation.” You’ll be denied in a heartbeat. That this happens is not reflective of reality.


It is right and proper to criticize the high-pressure sales methods of some in the factoring business. It is certainly appropriate to criticize improper exploitation of vulnerable structured settlement recipients, no matter their color, creed, or mental faculties. It is not accurate, though, to say that this is a result of factoring’s mere existence. It is institutionalized arrogance to state that all structured settlement recipients are unsophisticated and financially illiterate. Factoring companies understand the procedure to get the transaction through the judiciary. They also have a sales staff to try and bring in business. They have the same level of sophistication as any other business with a sales arm.


The best ways to combat unethical exploitation of structured settlement recipients is to prevent them from being found for solicitation. You cannot stop an annuitant from looking for ways to liquidate their structures if that’s what they need. You can help put a stop to hyper-aggressive solicitations and harassment. Careful planning, education, and strict personal identification information (PII) censoring protects annuitants from the would-be predators. For those that need the value-added liquidity of a factored transaction, done properly and with appropriate financial consultation, they have the option of getting an attorney’s or broker’s referral for an ethical factoring professional.


Structures and factoring are not enemies. They are complementary in addressing the ever-changing needs of the people we ultimately serve: the annuitants and their families.

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November 28, 2025
It’s a time to be thankful! We’d like to show our appreciation for everyone out there who, like us, is focused on crafting the best solution to our clients’ needs. Moreover, the season demands we take the time to acknowledge a few things. First, and the hard work NSSTA has done to ensure greater fairness in the factoring process. Work in Georgia and Florida to ensure aggressive poaching has been nullified is commendable and should be the standard everywhere. Likewise, a tip of the hat to Texas, whose personal identifying information (PII) protections guarantees that annuitants don’t get harassed ad nauseum from the moment the ink dries on their structured settlement agreements or when they’ve made the decision to cash something out. We’d also like to thank the work of those who go unrecognized too often: the IPAs who help both us and the courts with guaranteeing that our more vulnerable annuitants get the proper added input and security. It’s not required in all states, but we’re sure to use them as often as we can. The best consultation doesn’t just come from us, and we know plenty of clients need that added layer of protection to feel comfortable. Where some may try to lead annuitants away, knowing full well that the deal is a result of their aggressive telemarketing or clever jingles, we know we can trust you and your referrals. They wouldn’t be doing this unless they needed to. Finally, we give thanks to you. Enjoy the turkey, good company, and inevitable food coma. 
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Myth: You will lose money by factoring, so take out a loan instead. Reality: Whether you factor annuity payments or take a loan, there is a cost to obtaining money, but many people believe that factoring involves “losing” money. This misconception comes from comparing the cumulative future payments with the present value lump sum payment offered by the factoring company. For instance, if an annuitant has 200 monthly payments of $1,000 , the cumulative payments would be $200,000 . In this case, a factoring transaction might net the annuitant approximately $100,000 or 50% of the cumulative total. This is not “losing” money, it is the result of obtaining future payments early at a 10% discount rate. If instead the annuitant took a $100,000 loan at 10% and paid it back over 200 months , the total cost including interest would also be $200,000 (assuming the annuitant had sufficient credit to get the loan). A loan requires credit, collateral, origination fees, and carries the risk of late fees and foreclosure if payments are not made when due. In the factoring scenario, the annuitant would need to wait 200 months (almost 17 years) to collect the full $200,000 , during which time the equivalent present value of the payments is continually diminishing due to inflation. A dollar will not have the same purchasing power in 17 years as it has today.
September 20, 2022
The foundation of abuse in the factoring industry is cracking! South Carolina’s supreme court as well as its senate are readying for reform in response to the most recent expose (see here , here and here ). Both the court and the legislature are intent on fixing a clearly broken system. Despite the natural inclination to copy what other states have done (MN, GA, LA, etc.), whose reforms ironically ended up benefiting the worst abusers of the industry, we suggest a simpler reform that will solve the absolute majority of abuse: Keep the personal identification information (PII) protected for all structured settlement recipients from here on out. This way, the companies guilty of these abuses won’t be able to find new victims. More: make such protection retroactive. This is already standard practice for minors receiving structures, and it works, at least until they turn 18. Extending this protection would do wonders for structure health. What predatory companies can’t find, they can’t chase. Keep people safe and their identification information secure. Advocate for smart reforms.
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