Lawrence

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 19 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KAITLYN LAWRENCE, No. 24-1737 D.C. No. Plaintiff - Appellee, 2:23-cv-01005-DJC-AC v.

MEMORANDUM*

FINICITY CORPORATION,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of California Daniel J. Calabretta, District Court, Presiding

Argued and Submitted February 10, 2025 San Francisco, California

Before: OWENS, VANDYKE, and JOHNSTONE, Circuit Judges.

Finicity Corporation (“Finicity”), a wholly owned subsidiary of Mastercard,

appeals from the district court’s denial of its motion to compel arbitration due to

Finicity’s purported failure to provide reasonably conspicuous notice of its terms

and conditions. As the parties are familiar with the facts, we do not recount them

here. We have jurisdiction under 9 U.S.C. § 16(a)(1)(B) and review the district

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. court’s decision de novo.…