N.B. Industries, Inc. v. Wells Fargo & Company

MEMORANDUM

Plaintiff-Appellant N.B. Industries, Inc. (“N.B.”) alleges that Defendant-Appellees Wells Fargo & Company, Wells Fargo N.A. (collectively, “Wells Fargo”), the United States Pan Asian American Chamber of Commerce, and the United States Pan Asian American Chamber of Commerce Education Foundation (collectively, “USPAACC”) faxed N.B. unsolicited advertisements in violation of the Junk Fax Prevention Act (“JFPA”), 47 U.S.C. § 227 . The district court dismissed with prejudice N.B.’s complaint for failure to state a claim. We affirm the dismissal.

1. We review de novo a dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Synagogue v. United States, 482 F.3d 1058, 1060 (9th Cir.2007). Because this is an appeal from an order granting Defendants’ motion to dismiss, we rely upon all the factual allegations pleaded in the Plaintiffs complaint and assume them to be true. See Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005).

2. The faxes sent by Wells Fargo and USPAACC comprised almost entirely information about an Asian Business Leadership Award, an application for the award, and encouragement to apply. In addition, the faxes contained five…