Milliken

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

AUSTIN MILLIKEN, No. 24-4498 D.C. No. Plaintiff - Appellant, 3:23-cv-03709-

AMO

v.

BANK OF AMERICA, N.A., OPINION

Defendant - Appellee.

Appeal from the United States District Court for the Northern District of California Araceli Martinez-Olguin, District Judge, Presiding

Argued and Submitted August 19, 2025 San Francisco, California

Filed December 29, 2025

Before: Morgan B. Christen, Daniel A. Bress, and Lawrence VanDyke, Circuit Judges.

Opinion by Judge Bress MILLIKEN V. BANK OF AMERICA, N.A.

SUMMARY*

Credit Card Accountability Responsibility and Disclosure Act

The panel affirmed the district court’s judgment dismissing under Fed. R. Civ. P. 12(b)(6) Austin Milliken’s lawsuit alleging that Bank of America’s formula for calculating the interest rate for variable-rate credit cards violates the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act). Under the CARD Act, credit card issuers are generally not permitted to “increase any annual percentage rate, fee, or finance charge applicable to any outstanding…