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FILED NOT FOR PUBLICATION NOV 04 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT LISA PENNER, on behalf of herself and No. 06-35726 all others similarly situated; et al., D.C. No. CV-06-05092-FDB Plaintiffs - Appellants, v. MEMORANDUM * CHASE BANK USA NA and BANK ONE DELAWARE NA, Defendants - Appellees. Appeal from the United States District Court for the Western District of Washington Franklin D. Burgess, District Judge, Presiding Argued and Submitted February 4, 2009 Submission Withdrawn February 10, 2009 Resubmitted September 16, 2011 Seattle, Washington * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Before: B. FLETCHER, REINHARDT and FISHER, Circuit Judges.* * Plaintiffs sued Chase Bank for its practice of increasing cardholders’ interest rates upon default or delinquency and retroactively applying the increased rates to the beginning of the latest payment cycle. 1. As plaintiffs concede, their Truth in Lending Act and breach of contract claims have been foreclosed by the Supreme Court’s decision in Chase Bank USA, N.A. v. McCoy,
131 S. Ct. 871(2011). 2. Plaintiffs’ declaratory relief, unconscionability and illegal penalty claims are foreclosed because Delaware law permits Chase’s practices. See McCoy v. Chase Manhattan Bank, USA, Nat. Assoc.,
654 F.3d 971, 975 (9th Cir. 2011). 3. Plaintiffs fail to state a claim under the Washington Consumer Protection Act (WCPA), Wash. Rev. Code § 19.86.020. To succeed under the WCPA, plaintiffs must show that Chase’s actions had “the capacity to deceive a substantial portion of the public.” Hangman Ridge Training Stables, Inc. v. Safeco Title Ins. Co.,
719 P.2d 531, 535 (Wash. 1986) (emphasis omitted). Here, however, “Chase openly and expressly notifies cardholders of the actions it reserves the right to take in the event of a default.”
McCoy, 654 F.3d at 975. ** Following the death of Judge Pamela A. Rymer, Judge Stephen Reinhardt was drawn as her replacement on the panel. 2 The parties’ October 6, 2008 and October 20, 2008 motions for judicial notice are denied. AFFIRMED. 3
Document Info
Docket Number: 06-35726
Citation Numbers: 457 F. App'x 693
Judges: Fisher, Fletcher, Reinhardt
Filed Date: 11/4/2011
Precedential Status: Non-Precedential
Modified Date: 8/5/2023