United States Ninth Circuit

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Davis v. HSBC Bank Nevada, N.A., 10-56488

In a plaintiff's putative class action suit against HSBC Bank Nevada, N.A. and Best Buy Stores, L.P., claiming that defendants defrauded California consumers by offering credit cards without adequately disclosing that cardholders would be subject to an annual fee, district court's dismissal of the complaint is affirmed where: 1) the district court properly incorporated the disclosure documents as where the party opposing incorporation by reference argues only that he did not review or have access to the proffered copies, this does not amount to a challenge to those documents' authenticity; 2) Best Buy's advertising was not likley to deceive a reasonable consumer; 3) district court did not err in dismissing the fraud claim as plaintiff cannot demonstrate reasonable reliance; and 4) the district court properly dismissed the UCL claims as defendants' online application is protected by the safe harbor doctrine and plaintiff has failed to allege that defendants' advertisements were unlawful, fraudulent, or unfair.

Appellate Information

  • Decided 08/31/2012
  • Published 08/31/2012


  • Nelson


  • United States Ninth Circuit