Doak

I. BACKGROUND

22 On November 8, 2016, Plaintiff filed for bankruptcy under Chapter 7 of the United States 23 Bankruptcy Code in the United States Bankruptcy Court of the Northern District of California 24 25 26

27 1 Capital One Bank (USA) N.A. was “erroneously sued as Capital One, N.A.” Def.’s Mot. to Dismiss at 1 n.1. 1 (“Bankruptcy Court”). See Def.’s Request for Judicial Notice (“RJN”) (Dkt. No. 14-2), Ex. A2; 2 see also Compl. ¶ 12. When Plaintiff filed his Bankruptcy Petition, he had a consumer debt with 3 Capital One. Compl. ¶ 13. Capital One allegedly received notice of Plaintiff’s Bankruptcy 4 Petition that month. Id. ¶ 14. 5 On November 29, 2016, Capital One accessed Plaintiff’s consumer credit report through 6 Equifax, a credit reporting agency (“CRA”). Id. On December 9, 2016, Capital One accessed 7 Plaintiff’s credit report for a second time through Trans Union, another CRA. Id. ¶ 15. On both 8 occasions, Capital One allegedly “used false pretenses, namely the representation it intended to 9 use Plaintiff’s consumer report for a permissible account review or collection purpose, when it had 10 no such permissible purpose(s),…