Vue

I. INTRODUCTION

19 Ms. Vue’s claims arise out of a contract dispute over how many times her credit union, 20 PFCU, may charge a fee when there are insufficient funds in her account to cover a pre- 21 authorized payment. (Doc. 1 at 2.) She contends that the contract allowed only for one fee, no 22 matter how many times the merchant attempted to collect the amount owed. PFCU contends that 23 the contract allowed for the fee each time the merchant attempted to collect the fee. For the 24 reasons set forth below, PFCU’s motion to dismiss is GRANTED IN PART and DENIED IN

PART.

26 /// 27 /// 28 II. BACKGROUND The Automated Clearing House (ACH) is “a nationwide network through which depository institutions send each other batches of electronic credit and debit transfers.”1 The National Automated Clearing House Association (NACHA) governs the development and administration of the ACH network in the United States. (See Doc. 1 at 14; Doc. 11-2 at 5.) Under NACHA’s rules, when a payment is returned for insufficient funds, the originating merchant may attempt to process that payment two more times. (Doc. 11-1 at p. 10.) When…