Poaching: What It Really Is
October 30, 2018

It’s time to set the record straight on poaching. It’s a difficult topic to broach because nobody wants to criticize something that gets annuitants more money.  I have always advocated for annuitants; however, increased payouts need to come from ethical and sustainable business practices.  Poaching is neither.   If you’re not familiar with the term, poaching is the search of court records to steal a competitor’s pending factoring transaction.  It doesn’t matter if they take over the transaction entirely or simply act as a “negotiator”, it’s still the theft of a competitor’s work product.

Poachers spin the narrative that their actions are justified because they find and fix egregious transactions.  I’d be inclined to agree if that’s all they did; however, the reality these days is there are far fewer truly predatory deals than poachers want you to believe.  What these poachers and their advocates aren’t telling you is that they usually just prey upon the everyday marketing and staffing costs of the originating factoring company; expenses they don’t undertake. 
The “cash now” business model requires extensive advertising to annuitants directly through TV ads, SEO, social media marketing and Google Ads.  They’re all expensive.  Add to that the cost of the telemarketing staff required to field all the inquiries, few of which go anywhere.  The cumulative cost to simply get one case onto a court docket is considerable.  That’s when poachers pounce.  They have this entire investment handed to them for free with an online legal database, and with no costs to recover, poachers can easily offer annuitants more money and still make solid profits.  They’re not Robin Hoods; they’re just parasites gaming the system under the guise of altruism.

You don’t need an Ivy League MBA to realize that poaching can’t last.  Ultimately, somebody must invest the funds to get a case to where poachers can steal it, and with every stolen file driving up the originating company’s costs, it becomes a vicious circle that’s not sustainable.  The entire factoring industry will go into a tailspin if poaching continues unabated.  Unfortunately, the last ones standing will be these parasitic poachers; something you absolutely don’t want for your clients.  They are truly the bottom feeders of an industry where the ethics bar isn’t set too high to start with. 

 

The post Poaching: What It Really Is appeared first on Bentzen Financial .

 

SHARE ARTICLE

Our Recent Blogs

May 20, 2026
What Still Needs Clarifying
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. 
November 3, 2025
“Happy Halloween!”
September 19, 2025
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 s
Show More
SEE ALL ARTICLES