Dress v. Capital One Bank (U.S.A.), N.A.,, No. 1:2019cv00343 - Document 59 (E.D. Va. 2019)

Court Description: MEMORANDUM OPINION and ORDER - For the reasons stated above, and for good cause shown, Defendant's Motion to Dismiss for Failure to State a Claim 50 is hereby GRANTED. Finding that amendment would be futile, Plaintiffs' Amended Complaint is hereby DISMISSED WITH PREJUDICE. Signed by District Judge Liam O'Grady on 07/30/2019. (dvanm, )

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Dress v. Capital One Bank (U.S.A.), N.A., Doc. 59 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division SUSAN DRESS, AMY EDWARDS,and STEPHANIE BARNETT,on behalf of themselves and all others similarly situated, Civil No. l:19-cv-00343 Plaintiffs, Hon. Liam O'Grady V. CAPITAL ONE BANK(USA),N.A., Defendant. MEMORANDUM OPINION AND ORDER This matter comes before the Court on Defendant's Motion to Dismiss(Dkt. 50). The motion is fully briefed, and the Court dispensed with oral argument, finding it would not aid in the decisional process. For the reasons stated below, and for good cause shown, Defendant's Motion to Dismiss(Dkt. 50) is GRANTED. I. BACKGROUND Plaintiffs each have Capital One credit cards and dispute Capital One's authority to charge Plaintiffs interest on new purchases when they pay off their account balance in full by the due date of their next monthly statement, but had not paid off their account balance in full by the due date of their previous monthly statement. The Capital One Customer Agreement includes the following relevant provisions regarding charging interest: We will charge Interest Charges and Fees to your Account as disclosed on your Statement and other Truth-in-Lending Disclosures. In general. Interest Charges begin to accrue /ro/w the day a transaction occurs. However, we will not charge you interest on any new transactions posted to the purchase Segment of your Dockets.Justia.com

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