Eduardo Larin v. Bank of America

MEMORANDUM

Eduardo Larin appeals the district court’s dismissal of his putative class action complaint for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. We have jurisdiction under 28 U.S.C. § 1291 . Reviewing dismissal on Rule 12(b)(6) grounds de novo, Dougherty v. City of Covina, 654 F.3d 892 , 897 (9th Cir.2011), and denial of leave to amend for abuse of discretion, Salameh v. Tarsadia Hotel, 726 F.3d 1124, 1129, 1133 (9th Cir.2013), we affirm.

1. Larin’s claims under the Consumer Legal Remedies Act, Unfair Competition Law, and False Advertising Law are evaluated under a “reasonable consumer standard” by which he must “show that members of the public are likely to be deceived.” Williams v. Gerber Prods. Co., 552 F.3d 934, 938 (9th Cir.2008) (internal quotation marks omitted). Larin alleges no affirmative misrepresentations in connection with Bank of America’s overdraft protection program (“ODP”) that would likely deceive a reasonable consumer. The statements concerning the benefits of ODP are qualified, and Bank of America disclosed that its general policy is “to provide availability of deposited funds next-day,” though there is always a…