District Judge Lorna G. Schofield


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Plaintiff’s checking account and debit card with Capital One were governed by Capital One’s Rules governing Deposit Accounts and Electronic Funds Transfer Agreement (together Account Agreements). Asserting claims for breaches of contract and the implied covenant of good faith and fair dealing, conversion, unjust enrichment, and violation of New York General Business Law §349, plaintiff’s putative class suit alleged she was twice improperly assessed overdraft fees for debit card transactions when her account held funds sufficient to cover the transactions at the time purchase was authorized. The court granted Capital One dismissal. The unambiguous Account Agreements overwhelmingly supported its position that overdraft fees are incurred when an overdraft is paid, and thus that plaintiff’s complaint failed to state a claim for contract breach. Plaintiff’s conversion claim was dismissed for failing to plead damages distinct from contract damages. Her unjust enrichment claim was dismissed because a valid written agreement governed the parties’ dispute. The court further found Capital One’s conduct not materially misleading under §349. Capital One’s conduct was expressly anticipated by, and disclosed in, the parties’ contract.