Case docket
Carr v. Kabbage, Inc. d/b/a K Servicing — U.S. District Court, N.D. Ga.
Carr v. Kabbage, Inc. — 9 court filings in the archive from U.S. District Court for the Northern District of Georgia, Atlanta Division, filed between March 30, 2022 and March 31, 2023. Among them: 1 complaint, 1 memorandum or brief and 1 motion.
See also: Carr v. Kabbage, Inc. — U.S. District Court, N.D. Ga., No. 1:22-cv-01249 — the same docket (docket No. 1:22-cv-01249) under another case page, 19 public filings. Full docket →
Case facts
| Caption | Carr v. Kabbage, Inc. |
|---|---|
| Court | U.S. District Court for the Northern District of Georgia, Atlanta Division |
| Docket number | 1:22-cv-01249 |
| Filings | 9 public filings |
| Filed | 2022-03-30 – 2023-03-31 |
| Document types | complaint (1), memorandum or brief (1), motion (1), response or reply (1), judgment (1), order (1) |
| Original PDFs | 4 of 9 |
Case summary
Carr v. Kabbage, Inc., No. 1:22-cv-01249 in the U.S. District Court for the Northern District of Georgia, Atlanta Division, is a class action filed March 30, 2022 by Jason Carr, Vicki LeMaster, Edward Ford Services LLC, Carlton Morgan, 365 Sun LLC and Candice Worthy against Kabbage, Inc., doing business as K Servicing. The complaint seeks declaratory judgment, injunctive relief and damages over what it describes as the servicer's failure to process Paycheck Protection Program loan forgiveness applications in time, and pleads unjust enrichment and consumer-protection claims under California, Georgia, North Carolina and Michigan law. On March 31, 2023 the court granted the motion to dismiss, holding the CARES Act creates no private right of action, and judgment was entered dismissing the action with prejudice.
Case at a glance
| Parties | Plaintiffs Jason Carr, Vicki LeMaster, Edward Ford Services LLC, Carlton Morgan, 365 Sun LLC and Candice Worthy, individually and on behalf of all others similarly situated; defendant Kabbage, Inc. doing business as K Servicing |
|---|---|
| Court and docket | U.S. District Court for the Northern District of Georgia, Atlanta Division, No. 1:22-cv-01249-VMC, before Judge Victoria M. Calvert |
| Program | Paycheck Protection Program (PPP); the claims concern the servicing of PPP loan forgiveness applications |
| Claims | First cause of action, declaratory judgment under 28 U.S.C. § 2201 and injunctive relief; second, unjust enrichment; third, California's Unfair Competition Law; fourth, the Georgia Uniform Deceptive Trade Practices Act; fifth, the North Carolina Unfair and Deceptive Trade Practices Act; sixth, the Michigan Consumer Protection Act |
| Disposition or status | Dismissed with prejudice. The order of March 31, 2023 granted Kabbage's motion to dismiss and directed the clerk to close the case; judgment was entered the same day |
| Status checked | 2026-09-23 · against the court docket and DOJ press releases through 2026-09-22 |
What does the complaint allege?
That Kabbage failed to discharge its duties as servicer of thousands of SBA Paycheck Protection Program emergency loans by failing to process loan forgiveness applications in a timely and competent way, including by not adhering to the 60-day timeline and repeatedly requesting unnecessary documentation. These are the complaint's allegations.
What did the court decide?
It granted the motion to dismiss and dismissed the complaint with prejudice. The order records Kabbage's contentions that the plaintiffs cannot maintain a private cause of action under the CARES Act, that their state law claims are preempted by it, that Georgia law governs and that their Georgia law claims fail, and states that with the other claims dismissed the count for punitive damages and fees falls with them.
What else is on the page?
Eleven filings dated March 30, 2022 to March 31, 2023, including the complaint, a Bloomberg article on PPP forgiveness filed as an exhibit, the motion to dismiss and its supporting memorandum of May 31, 2022, the opposition and reply, a joint preliminary report and discovery plan, and the order and judgment. Two documents appear twice under different slugs.
Summary written from the documents on this page; every sentence is sourced.
Filings
9 public filings from this case, in filing-date order.
- Class Action Complaint — Carr v. Kabbage, Inc. d/b/a K ServicingComplaint · PDF
- Bloomberg PPP forgiveness gap articlePDF
- Memorandum of Law in Support of Motion to DismissMemorandum or brief
- Motion to Dismiss — Carr v. Kabbage, Inc. d/b/a K ServicingMotion
- Joint Preliminary Report and Discovery Plan
- Plaintiffs’ Opposition to Motion to Dismiss
- Reply brief in support of motion to dismissResponse or reply · PDF
- Judgment (dismissal with prejudice)Judgment · PDF
- Order Granting Motion to Dismiss — Carr v. Kabbage, Inc. d/b/a K Servicing (N.D. Ga. No. 1:22-cv-01249)Order
More documents from this docket
2 more documents from the same CourtListener docket (gov.uscourts.gand.301616) are in the archive but are not among the 9 filings above.
Court, dates and docket numbers are as recorded on the filings.