Case docket
T.C. Koziara, PLLC v. Wells Fargo & Co. — court filings
T.C. Koziara, PLLC v. Wells Fargo & Co — 5 court filings in the archive from U.S. District Court for the Middle District of North Carolina, filed between June 26, 2020 and October 12, 2020. Among them: 1 complaint, 1 declaration and 1 memorandum or brief.
Case facts
| Court | U.S. District Court for the Middle District of North Carolina |
|---|---|
| Filings | 5 public filings |
| Filed | 2020-06-26 – 2020-10-12 |
| Document types | complaint (1), declaration (1), memorandum or brief (1), motion (1), notice (1) |
| Original PDFs | 2 of 5 |
Case summary
T.C. Koziara, PLLC and Fahmia, Inc. filed this class action on June 26, 2020 in the U.S. District Court for the Middle District of North Carolina, No. 1:20-cv-00588-UA-LPA, against Wells Fargo & Co., Wells Fargo Bank, N.A. and Does 1 through 100. The complaint seeks compensation from the defendants, who it says refuse to comply with the CARES Act requirement to pay agents out of the compensation the lender received for processing Paycheck Protection Program loans, for services rendered on behalf of recipients of Small Business Administration emergency loans. Wells Fargo moved to dismiss on September 15, 2020 with a memorandum of law and a supporting declaration with exhibits. The plaintiffs filed a notice of voluntary dismissal without prejudice under Rule 41(a)(1)(A)(i) on October 12, 2020.
Case at a glance
| Parties | Plaintiffs T.C. Koziara, PLLC and Fahmia, Inc., individually and on behalf of all others similarly situated; defendants Wells Fargo & Co., Wells Fargo Bank, N.A. and Does 1 through 100 |
|---|---|
| Court and docket | U.S. District Court for the Middle District of North Carolina, No. 1:20-cv-00588-UA-LPA |
| Program | Paycheck Protection Program (PPP), and the agent fee the complaint says the lender was to pay out of its origination fee |
| Claims | Counts including breach of contract as third-party beneficiary and unjust enrichment; the prayer also asks for a declaration that the defendants' actions constitute conversion and violate N.C. Gen. Stat. § 75-1.1, Cal. Bus. & Prof. Code § 17200 and the SBA's Paycheck Protection Program regulations |
| Disposition or status | Voluntarily dismissed without prejudice by the plaintiffs on October 12, 2020, while the defendants' motion to dismiss of September 15, 2020 was pending. No ruling on the merits is on this page |
| Status checked | 2026-09-23 · against DOJ press releases through 2026-09-22; court docket not yet read |
What does the complaint allege?
That the defendants refuse to comply with the CARES Act requirement to pay, out of the compensation they received for processing Paycheck Protection Program loans, the fee owed to the borrower's agent, and that the refusal harms accountants, attorneys and other agents who assisted clients with loan applications. These are the complaint's allegations.
How does the complaint describe the fee split?
That for loans under $350,000 the lender would receive an amount equal to five percent of the loan as compensation, and if the borrower used an agent such as a certified public accountant or accountant, the lender was to pay an amount equal to one percent of the loan amount to the agent, with both lender and agent forbidden to charge the borrower.
How did the case end?
With a notice of voluntary dismissal without prejudice under Rule 41(a)(1)(A)(i), filed October 12, 2020 against Wells Fargo & Co., Wells Fargo, N.A. and Does 1 through 100.
Summary written from the documents on this page; every sentence is sourced.
Filings
5 public filings from this case, in filing-date order.
- Class Action ComplaintComplaint
- Declaration of Jason D. Evans with ExhibitsDeclaration · PDF
- Memorandum of Law in Support of Motion to DismissMemorandum or brief
- Motion to DismissMotion · PDF
- Notice of Voluntary Dismissal Without PrejudiceNotice
Court, dates and docket numbers are as recorded on the filings.