United States District Court, D. Minnesota
Thomas J. Lyons, Jr. Esq., Consumer Justice Center P.A., Vadnais Heights, MN, counsel for plaintiffs.
Garth G. Gavenda, Esq. and Anastasi Jellum, PA, Stillwater, MN, counsel for defendant.
David S. Doty, United States District Judge.
This matter is before the court upon the motion by plaintiffs Erin Bond and John Bond to dismiss the counterclaim for attorneys' fees by defendant USAA Federal Savings Bank (USAA). Based on a review of the file, record and proceedings herein, and for the following reasons, the court grants the motion.
This consumer-protection dispute arises out of an October 2013 electronic funds transfer by USAA. At the time of the transfer, the Bonds maintained an account with USAA to make payments toward a vehicle loan. Compl. ¶ 14. The Bonds authorized USAA to periodically transfer $100 from their personal bank account to the loan account. Id. ¶ 16. On October 11, 2013, USAA mistakenly transferred $1,000 to the account. Id. ¶ 22. The funds were returned to the personal bank account on October 17, 2013. Id. ¶ 50.
On October 24, 2013, the Bonds filed a complaint alleging (1) violations of the Electronic Fund Transfer Act (EFTA) and (2) conversion. USAA answered and counterclaimed on November 15, 2013, seeking attorneys' fees under 15 U.S.C. § 1693m(f). Specifically, USAA alleges that the original action was brought in bad faith or for purposes of harassment. The Bonds move to dismiss the counterclaim.
I. Standard of Review
To survive a motion to dismiss for failure to state a claim, " a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Braden v. Wal-Mart Stores, Inc., 588 F.3d 585, 594 (8th Cir. 2009) (citations and internal quotation marks omitted). " A claim has facial plausibility when the plaintiff [has pleaded] factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (citing Bell A. Corp. v. Twombly, 550 U.S. 544, 556, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). Although a complaint need not contain detailed factual
allegations, it must raise a right to relief above the speculative level. See Twombly, 550 U.S. at 555. " [L]abels and conclusions or a formulaic recitation of the elements of a cause of action" are not sufficient to state a claim. Iqbal, 129 S.Ct. at ...