Tennessee Business Litigation Blog | Burr & Forman LLP https://www.burr.com/tennessee-business-litigation/2020/ Fri, 14 Aug 2026 01:47:09 -0400 No CARES Act Private Action in Putative Class Action Over PPP Gating https://www.burr.com/tennessee-business-litigation/no-cares-act-private-action-in-putative-class-action-over-ppp-gating Thomas K. Potter, III no-cares-act-private-action-in-putative-class-action-over-ppp-gating Mon, 27 Apr 2020 09:00:01 -0400 The United States District Court for the District of Maryland held there is no implied private cause of action under the CARES Act, denying a preliminary injunction  (styled a "stay pending appeal") in a putative class action aimed at stopping Bank of America's gating policies on PPP loans.  Profile, Inc. v. Bank of America Corp., 2020 U.S. Dist. LEXIS 67311 (D. Md. April 17, 2017).  

Similar putative class actions have been in the Central District of California and in the Southern District of Texas.  The California actions also assert state-law unfair trade practices or unfair competition ...

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