NAYAB v. CAPITAL ONE BANK (USA), N.A.

No. 17-55944.

942 F.3d 480 (2019)

Freshta Y. NAYAB, individually and on behalf of others similarly situated, Plaintiff-Appellant, v. CAPITAL ONE BANK (USA), N.A., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 31, 2019.


Attorney(s) appearing for the Case

Alex Asil Mashiri (argued), Mashiri Law Firm, San Diego, California; Tamim Jami , The Jami Law Firm P.C., San Diego, California; for Plaintiff-Appellant.

Hunter R. Eley (argued), Lloyd Vu , and Chelsea L. Diaz , Doll Amir & Eley LLP, Los Angeles, California, for Defendant-Appellee.

Opinion by Chief District Judge Rice; Partial Concurrence and Partial Dissent by Judge Rawlinson.


OPINION

Freshta Nayab appeals the district court's order which dismissed her Fair Credit Reporting Act ("FCRA") claim with prejudice and without leave to amend for lack of standing and for failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291. "We accept as true all factual allegations...

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