Gary Davis v. Hsbc Bank Nevada, N.A.

Gary Davis appeals the district court’s dismissal of his First Amended Complaint (“FAC”). In this putative class action, Davis alleges that HSBC Bank Nevada, N.A. (“HSBC”) and Best Buy Stores, L.P. (“Best Buy”) (collectively, “Defendants”) defrauded California customers by offering credit cards without adequately disclosing that cardholders would be subject to an annual fee. We must decide whether the district court erred when it considered extrinsic evidence in deciding Defendants’ motion to dismiss, and whether dismissal was proper under Federal Rule of Civil Procedure 12(b)(6). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. BACKGROUND

Best Buy operates a national chain of retail stores that sells consumer electronics and related services. As part of its marketing platform, Best Buy implements the “Reward Zone Program,” which allows customers to earn “Reward Certificates” for their purchases at Best Buy stores and redeem the certificates for discounts off future purchases at such stores. At the same time, qualified consumers may also obtain a Reward Zone Program MasterCard (“RZMC”), a credit card that is issued by HSBC, a federally chartered…