Augustine

ORDER

Defendant FIA Card Services, N.A. (“Defendant”) moves for the dismissal of this action. Plaintiff opposes this motion. Plaintiff alleges claims under the Consumer Legal Remedies Act (“CLRA”) and the Unfair Competition Law (“UCL”) against Defendant on behalf of herself and all other California consumers who have had credit card accounts with Defendant. (First Am. Compl. ¶ 2.) Plaintiffs claims are based on Defendant’s practice of increasing interest rates retroactively and without sufficient warning which she alleges violates California law. (Id. ¶¶ 13, 20.)

DISCUSSION

I. Standard

Dismissal is appropriate under Rule 12(b)(6) if Plaintiff failed to (1) present a cognizable legal theory, or (2) plead sufficient facts to support a cognizable legal theory. Robertson v. Dean Witter Reynolds, Inc., 749 F.2d 530, 533-34 (9th Cir.1984). When considering a motion to dismiss, all material allegations in the Complaint must be accepted as true and construed in the light most favorable to Plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 236 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974); Cahill v. Liberty Mut. Ins. Co., 80 F.3d 336, 337-38 (9th Cir.1996). In addition, Plaintiff is given the…