Navy Federal also argues that plaintiffs cannot plausibly invoke an unlawful act necessary for a right to conversion « if the Navy Federal complies with the parties` overdraft agreements. » (ECF 9-1 to 19.) The solution of this issue is not appropriate to the extent that the Tribunal rejected the Navy Federal`s request to dismiss the infringement by the applicants on the basis of contractual ambiguities and the applicants` actual allegations in the event of an infringement. See e.g.B. In TD Bank, N.A., 150 F. Supp.3d to 630 (refusal to reject the right to conversion in light of refusal to terminate contractual rights); White v. Wachovia Bank, N.A., 563 F. Supp. 2d 1358, 1371 (N.D. Ga. 2008) (same). In addition, the applicants argued that Navy Federal had exercised its contractual discretion in bad faith to define the term « coverage » in a manner that required them to pay additional overdraft fees, which would support the finding that the Navy Federal improperly charged the impugned overdraft fees. See In re Checking Account Overdraft Litig., 694 F. Supp.
2d at 1323 (rejection of the application to reject conversion rights where the applicants alleged sufficient facts about the abuse of the defendant bank`s contractual discretion to impose overdraft fees). Accordingly, the Tribunal rejects the Navy Federal`s request to dismiss the applicants` motion for transformation. The FCC criticizes UCL, on behalf of a California subcategory, that Navy Federal « wrongly states in the account documents that [overdraft fees] are not charged if the funds are sufficient to « cover » transactions. (FAC 135.) The UCL prohibits « any illegal, unfair or fraudulent act or business practice. » Cal. Bus. PROF. CODE NR. Cel-Tech Commc`ns, Inc.
v. Los Angeles Cellular Tel. Co., 973 P.2d 527, 539 (Cal. 1999). The applicants` claim is invoked in connection with UCL`s fraudulent action. Navy Federal argues that the assertion is not specific, does not identify an applicable representation and does not sufficiently engage in alleged misrepresentation. (ECF 9-1, 20-21.) Virginia law also applies to claims by claimants arising from or relating to the contract, in particular claims by applicants for violations of the tacit trust association and fair trade, transformation and undue enrichment. California courts apply an applicable contractual provision for rights « arising from or related to the contract, » Nedlloyd, 834 p.2d to 1153.
This is particularly the case where « the legal relationship between the parties that arises from the agreement and the interpretation of the agreement will be a central issue. » Olinick v. BMG Entm`t, 42 Cal. Rptr.3d 268, 278-79 (Cal. Ct. App. 2006) (concluded that New York`s right to FEHA and illegitimate discharge rights under a choice clause of the law in the agreement that establishes the legal relationship of the parties) applied. In this regard, both parties agree that Virginia`s law applies to the applicant`s applications to the common law.