McCoy

ORDER

The Opinion and Dissent filed March 16, 2009, and appearing at 559 F.3d 963 (9th Cir.2009), are withdrawn. They may not be cited as precedent by or to this court or any district court of the Ninth Circuit.

OPINION

James A. McCoy (“McCoy”) brought this action on behalf of himself and others similarly situated against Chase Manhattan Bank, USA, N.A. (“Chase”), alleging Chase increased his interest rates retroactively to the beginning of his payment cycle after his account was closed to new transactions as a result of a late payment to Chase or another creditor. He claimed that the rate increase violated the notice requirements of the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601-1615 , because Chase failed to give notice of the increase until it had already taken effect. He also asserted violations of state law, claiming that the Delaware Banking Act did not authorize discretionary post-default rate increases, but only rates of interest that “vary in accordance with a schedule or formula.” 5 Del. C. § 944.

In our prior decision, McCoy v. Chase Manhattan Bank, USA, 559 F.3d 963 (9th Cir.2009), we reversed the dismissal of most of McCoy’s federal and state claims. We…