Sola

*410 MEMORANDUM *

The plaintiffs appeal the district court’s dismissal, pursuant to Federal Rule of Civil Procedure 12(b)(6), of their claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand for further proceedings consistent with this disposition.

I. Truth In Lending Act Claims

The district court properly dismissed the plaintiffs’ claims under the Truth In Lending Act (TILA), 1 for allegedly failing to disclose the terms of credit and for failing to disclose the annual percentage rate applicable to credit cards. The charges in question do not satisfy the definition of finance charges because they are not incident to extensions of credit. 2 Rather, they are incident to overdrawn accounts.

We reverse the dismissal of the plaintiffs’ other claims under TILA and 12 C.F.R. § 226.12 , for unsolicited issuance of credit cards and off-setting without an agreement to do so. The complaint does not necessarily imply the existence of a formal, written deposit agreement. Read in the light most favorable to the plaintiffs, 3 it alleges that a credit agreement governing the ATM cards exists based on the promotional materials and the…