DeMando

DeMando v. Morris

Good Law
2000 Daily Journal DAR 3031·206 F.3d 1300·2000 WL 290243·2000 Cal. Daily Op. Serv. 2233·2000 U.S. App. LEXIS 4302
United States Court of Appeals for the Ninth CircuitMarch 21, 2000No. 98-16001California1,431 words

Opinion

Lead Opinion

Schroeder, J.

Susan DeMando appeals the district court’s grant of summary judgment in favor of defendant Capital One Bank. De-Mando, who holds a credit card issued by Capital One, alleges that the bank’s course of dealing violated the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601-1693 , and constituted breach of contract, unfair competition, fraud, and misrepresentation under California law. We affirm the dismissal of the state law claims but hold that she has stated a claim against Capital One under TILA for issuing a disclosure that failed to reflect the terms of the underlying credit agreement.

In June 1995, DeMando received a solicitation letter bearing the signature of Capital One’s president. The letter bore a heading in large block letters that read “Receive a 10.9% Lifetime APR!” and went on to describe an offer by Capital One: “Simply transfer $250 or more to *1302 your Capital One card and receive a low fixed APR of 10.9%-for life!” (Emphasis in original). The letter also stated: “You will keep this low fixed rate as long as your account remains in good standing. Not only will you save hundreds in interest, but you will never have to shop for another credit card again! This is not…

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