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CARES Act Litigation Tracker

Government Guidance

In addition to the case summaries identified below, multiple government agencies are continuing to release new information and guidance about the CARES Act which may be particularly helpful to those working in the financial services industry.  The latest information regarding the CARES Act can be found directly from the following government agencies.

  1. Federal Deposit Insurance Corporation Coronavirus Webpage for Bankers and Consumers: https://www.fdic.gov/coronavirus/
  2. Treasury Department Guidance Regarding the CARES Act: https://home.treasury.gov/policy-issues/cares/assistance-for-small-businesses
  3. Small Business Association Coronavirus Guidance and Resources: https://www.sba.gov/page/coronavirus-covid-19-small-business-guidance-loan-resources
  4. Consumer Financial Protection Bureau Unified Coronavirus Housing Webpage: https://www.consumerfinance.gov/coronavirus/mortgage-and-housing-assistance/
  5. White House, Centers for Disease Control, and Federal Emergency Management Agency Coronavirus Webpage: https://www.coronavirus.gov/

On May 1, 2020, plaintiff Hyde-Edwards Salon & Spa moved to create a multidistrict litigation (MDL) in the U.S. District Court, Southern District of California combining almost a dozen class actions over defendant JP Morgan Chase Bank N.A.'s handling of loans available through the federal Paycheck Protection Program (“PPP”) under the CARES Act. Another motion by plaintiff Cyber Defense Group seeks to transfer the cases… Read More

On May 8, 2020, Seto Marselian, d/b/a Bistro Pazzo filed a class action lawsuit in the U.S District Court for the Northern District of California against its lender. (case number 3:20-cv-03166.) Plaintiff is represented by Bottini & Bottini, Inc. Plaintiff is a restaurant owner who submitted a PPP loan application to its lender, and alleges that the lender wrongful denied… Read More

On April 3, 2020 Profiles, Inc. and other small businesses filed a putative class action against their lender for alleged discrimination arising from the denial of loans under the Paycheck Protection Program (case no. 20-00894.) Plaintiffs are represented by Rifkin Weiner Livingston Levitan and Silver LLC. Specifically, plaintiffs allege that their lender wrongly prioritized the applications of its existing customers… Read More

On March 16, 2020, plaintiffs James and Lisa Shuff sued their lender in the Southern District of West Virginia (case no. 20-cv-00184.) Plaintiffs are represented by Mountain State Justice, Inc. The complaint is a purported class action which seeks “to temporarily stop foreclosures in West Virginia during the national emergency caused by the spread of the COVID-19 virus.” Plaintiffs allege… Read More

On April 20, 2020, Legendary Transport, LLC brought a class action against several national lenders.  The complaint was filed in the United States District Court Central District of California (case number 2:20-cv-03636-ODW-JC). Plaintiff is a small business that applied for a PPP loan with one of the Defendant-lenders.  Plaintiff claims that all of the Defendants prioritized loan applications of “favored… Read More

On April 27, 2020, Informatech Consulting Inc., filed a class action lawsuit against a national lender in the United States District Court, Northern District of California (case number 4:20-cv-02892-DMR).  Plaintiff is represented by Greg Coleman Law PC, Lockridge Grindal Nauen P.L.L.P., and Whitfield Bryson LLP. Plaintiff provides consulting services to FDA regulated industries.  Plaintiff alleges that the defendant-lender was required… Read More

On May 5, 2020, Studio 1220, Inc., filed a class action lawsuit against a national lender and an affiliate in the United States District Court, Northern District of California (case number 3:2020cv03081).  Plaintiff is represented by Keegan & Baker, LLP. Plaintiff is a small business that operates a chain of clothing stores. Plaintiff claims the defendant-lender and affiliate failed to… Read More

On April 27, 2020, Plaintiff American Video Duplicating, Inc., Tush Law Ltd., and Kenneth M. Hahn (dba Cal State Financial) filed a class action lawsuit in the United States District Court, Central District of California (case number 2:20-cv-03815-ODW-AGR) against a number of defendant-lenders.  Plaintiffs are represented by Geragos & Geragos APC, Graylaw Group, Inc., and Dhillon Law Group Inc. Plaintiffs… Read More

On April 19, 2020, Plaintiffs Law Office of Sabrina Damast, Eye Land Optometry, BNG Restaurant Group Inc., and Umezu Enterprises LLC filed their putative class action in the United States District Court, Central District of California (case number 2:20-cv-03591) against a national lender. Plaintiffs are represented by the Stalwart Law Group. Plaintiffs are small businesses located in Southern California who… Read More

On May 12, 2020, ImpAcct, LLC, filed a class action lawsuit against a number of defendant-lenders in the United States District Court, District of Colorado (case number 1:20-cv-01344). Plaintiff is represented by the Shuman, Glenn & Stecker, Geragos & Geragos, P.C., Zimmerman Reed LLP, Graylaw Group, Inc., and Dhillon Law Group Inc. firms. Plaintiff is an accounting company based in… Read More

On April 19, 2020, Plaintiffs BSJA, Inc. and Alexhd, LLC, filed a class action lawsuit against a national lender in the United States District Court, Central District of California (case number 2:20-cv-03588-ODW-JC). Plaintiffs are represented by the Stalwart Law Group. Plaintiffs allege that the defendant-lender reshuffled PPP applications and failed to make loans on a “first come, first served basis”… Read More

On April 20, 2020, Outlet Tile Center filed a class action lawsuit in the United States District Court, Central District of California (case number 2:20-cv- 03603) against a national lender and the Small Business Administration (named as the United States of America). Plaintiff was represented by Tauler Smith LLP. The complaint was dismissed on April 28, 2020. The named plaintiff… Read More

Brunner Accounting Group filed a class action lawsuit in the United States District Court, Central District of California, on May 8, 2020 (case number 2:20-cv-04235) against a number of defendant-lenders. Plaintiffs are represented by Graylaw Group, Inc., and Dhillon Law Group Inc. The named plaintiff is a sole proprietorship that allegedly provides tax and accounting services in Glendale, California. Plaintiff… Read More