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RUBIO v. CAPITAL ONE BANK

No. 08-56544.

613 F.3d 1195 (2010)

Raquel RUBIO, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. CAPITAL ONE BANK, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 21, 2010.

Attorney(s) appearing for the Case

Behram V. Parekh (argued) and Joshua A. Fields, Kirtland & Packard LLP, El Segundo, CA, for the plaintiff-appellant.

James F. McCabe (argued), Nancy R. Thomas, and Michelle N. Comeau, Morrison & Foerster LLP, San Francisco, CA, for the defendant-appellee.

Opinion by Judge B. FLETCHER; Partial Concurrence and Partial Dissent by Judge GRABER.

OPINION

BETTY B. FLETCHER, Circuit Judge:

This appeal arises from a direct-mail credit card solicitation that Plaintiff Raquel Rubio received from Defendant Capital One Bank. The solicitation disclosed a "fixed" annual percentage rate of 6.99% on purchases and balance transfers and named three conditions under which that rate could increase. About three and a half years after Rubio applied for and received Capital One's credit card, the interest rate on...

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