United States Ninth Circuit

In an action against a credit card provider based on its alleged violation of a "fixed" annual percentage rate condition in its solicitation materials, the dismissal of the complaint is affirmed in part where plaintiff could not assert unconscionability as an independent claim for relief. However, the order is reversed in part where: 1) the Schumer Box and the paragraph linked to it by an asterisk in the solicitation described the APR as "fixed" and listed only three events under which the APR could increase, and this disclosure was not clear and conspicuous; and 2) by properly alleging a Truth In Lending Act violation, Rubio has also alleged an Unfair Competition Law violation under the prong of the UCL that prohibits "unlawful" business acts or practices.

Appellate Information

• Decided 07/21/2010
• Published 07/22/2010

Judges

• Betty Fletcher

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Behram V. Parekh, James F. McCabe