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Lenders Private Right of Action

Allen Matkins

Court Finds Failure To Obtain Finance Lenders' License Does Not Render Commercial Loan Unenforceable, Illegal Contracts

Allen Matkins on

The California Financing Law provides that “[n]o person shall engage in the business of a finance lender or broker without obtaining a license from the commissioner.”   Cal. Fin. Code § 22100(a).  The CFL further provides...more

Perkins Coie

Recent Developments in Telephone Consumer Protection Act Litigation

Perkins Coie on

Litigation of the Telephone Consumer Protection Act (TCPA) is an active area with frequent developments important to the consumer finance space. Two recent cases are worthy to note. In Loyhayem v. Fraser Fin. & Ins. Servs.,...more

Pierce Atwood LLP

COVID-19: Florida Federal Court First to Dismiss PPP Agent Fee Class Action

Pierce Atwood LLP on

In a national bellwether case, the United States District Court for the Northern District of Florida dismissed a putative class action seeking the payment of “agent fees” for Paycheck Protection Program (PPP) loans under the...more

Hicks Johnson

PPP Agent Fees: A Guide for Accountants, Attorneys, and Consultants

Hicks Johnson on

The troubles affecting the federal government’s Paycheck Protection Program (PPP) have been well documented. One critical issue is the fact that, while PPP lenders have been receiving their fees, PPP agents have not....more

McGuireWoods LLP

No Private Right of Action to Enforce CARES Act; Expect Claims Under State Consumer Protection Laws

McGuireWoods LLP on

As previously reported, the U.S. District Court for the District of Maryland denied multiple motions brought by a number of small business owners related to seeking emergency relief to enjoin Bank of America from imposing...more

Jackson Walker

Federal Court Allows Bank to Utilize Eligibility Restrictions for Paycheck Protection Program Loans

Jackson Walker on

A Maryland Federal Court denied an emergency motion seeking to block a bank from applying eligibility restrictions to its lending under the recently enacted Paycheck Protection Program (PPP). In the case of Profiles Inc. v....more

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