HUCUL v. NAVY FEDERAL CREDIT UNION (2019)

United States Court of Appeals, Ninth Circuit.

Michael HUCUL, Plaintiff-Appellant, v. NAVY FEDERAL CREDIT UNION, Defendant-Appellee.

No. 18-55177

Decided: June 18, 2019

Before: CANBY, GRABER, and MURGUIA, Circuit Judges.

Michael Hucul, Pro Se Holly L.K. Heffner, Senior Counsel, Benjamin Morton, Trial Attorney, Gordon & Rees LLP, San Diego, CA, for Defendant-Appellee

MEMORANDUM **

Michael Hucul appeals pro se from the district court’s judgment dismissing his action alleging that defendant violated the Right to Financial Privacy Act (“RFPA”) by disclosing his financial information to a state agency. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1040 (9th Cir. 2011). We affirm.

The district court properly dismissed Hucul’s action because section 3403(a) of the RFPA governs financial disclosures only to the federal government and its employees. See 12 U.S.C. § 3403(a) (prohibiting financial institutions from releasing financial records to any “Government authority”); see also id. § 3401(3) (defining “Government authority” to mean any agency or department of the United States).

AFFIRMED.

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