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Bibicheff v. PayPal Inc.

GBL §349 Claim Not Stated as to Allegedly Fraudulent PayPal Transactions

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MEMORANDUM AND ORDER INTRODUCTION   Plaintiff Karina Bibicheff (“Plaintiff”) brought this action against Defendants Chase Bank USA, N.A. (“Chase”) and PayPal, Inc. (“PayPal”), asserting violations of the Truth in Lending Act (“TILA”), negligence, breach of the implied covenant of good faith and fair dealing, and failure to protect her from unauthorized transactions pursuant to New York General Business Law §349. Defendant Chase was subsequently dismissed from this action. Plaintiff amended her complaint against remaining defendant PayPal, asserting a violation of the New York General Business Law §349, breach of the implied covenant of good faith and fair dealing, negligence, negligent infliction of emotional distress, and unjust enrichment. Presently before the Court is PayPal’s motion to dismiss pursuant to Fed. R. Civ. P (“Rule”) 12(b)(6) for failure to state a claim. For the reasons discussed below, PayPal’s motion to dismiss is granted. BACKGROUND The following relevant facts come from the Amended Complaint (“Am. Compl.”) and are assumed true for purposes of this motion. This dispute arises out of allegedly fraudulent charges made with Plaintiff’s credit cards through PayPal. Plaintiff owns and operates a “medical spa” in Old Brookville, New York. (Am. Compl. [DE 62] 5.) Plaintiff held eighteen credit cards, a combination of Visa, Master Card, and American Express cards, issued by various banks, including former defendant Chase. (Id.

7-8.) These credit cards were used for allegedly unauthorized transactions through twelve PayPal accounts “that the identity thief fraudulently created in Plaintiff’s name and/or business name and/or social security number, without her knowledge or approval (‘Fraudulent PayPal Accounts’).” (Id. 9.) The checking account linked to two “currently known Fraudulent PayPal Accounts” does not belong to Plaintiff, and Plaintiff suspects that the checking account belongs to “the identity thief.” (Id.

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