Wells Sweeping, LLC v. Capital One, National Association

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 WELLS SWEEPING, LLC, a California No. 2:21-cv-00728-MCE-KJN Limited Liability Company, and JAY WELLS, an individual, Plaintiffs, ORDER v. CAPITAL ONE, NATIONAL

ASSOCIATION, AARON ASHCRAFT,

ROXY ASHCRAFT, and Does 1 – 20, inclusive, 17 Defendants. 18 In bringing the present action, Plaintiffs Wells Sweeping, LLC and Jay Wells (“Plaintiffs” or “Wells”) seek damages from Defendant Capital One Bank (USA), N.A. (“Capital One”) arising from Capital One’s refusal to reverse allegedly unauthorized and/or fraudulent charges on business credit cards issued by Capital One to Plaintiffs.1 Plaintiffs’ Complaint was filed in this Court on April 23, 2021. Federal jurisdiction is premised solely on a single claim, as alleged in the Third Cause of Action, for violation of the Electronic Funds Transfer Act, 15 U.S.C. §§ 1693, et seq. (“EFTA”) and EFTA’s implementing regulations at 12 C.F.R. §§ 1005.1 – 1005.20. The remaining fifteen

1 Aaron Ashcraft, the former Wells…