news.cuna.org/articles/117602-judge-rules-in-favor-of-bank-of-america-in-ppp-dispute

Judge rules in favor of Bank of America in PPP dispute

April 16, 2020

U.S. District Court Judge Stephanie Gallagher denied a request this week from a group of businesses calling for Bank of America to loosen limitations on its Paycheck Protection Program (PPP) loans, reports Politico. The PPP is designed to help businesses meet payroll and other expenses during the coronavirus disease (COVID-19) pandemic.

Bank of America announced April 3, the day the PPP began, it would only accept applications from existing business customers that had outstanding loans with the bank. It later dropped the outstanding loan requirement but excluded small businesses that were borrowing from other lenders, leading a group to sue the bank.

In her ruling, Gallagher said she did not believe Congress intended to establish a private right of action for borrowers to challenge loan decisions in court and added that even if the right had been created, Bank of America’s conduct did not break the law.