Lieff Cabraser, along with Pursuit of Justice, represents non-U.S. citizens who reside in the United States and possess valid social security numbers who attempted to open an account online with BBVA or with Simple, and were denied the ability to do so based on their citizenship status. The lawsuit alleges that BBVA and Simple discriminated against such non-U.S. citizens in violation of 42 U.S.C. Section 1981 and California’s Unruh Civil Rights Act. This class is represented by named plaintiffs Amitabho Chattopadhyay and Vitalii Tymchyshyn.
On November 2, 2020, U.S. District Judge Jon Tigar granted BBVA’s motion to dismiss the case on the basis that plaintiffs lacked standing because they could have opened an account in person in a branch office of the bank. Plaintiffs appealed to the Ninth Circuit Court of Appeals.
On October 26, 2021, the Ninth Circuit reversed Judge Tigar, holding that plaintiffs suffered a concrete injury because BBVA denied them equal treatment solely on the basis of their membership in a protected group. The litigation will resume in the District Court.
Read a copy of the Ninth Circuit’s order.
You can read a copy of the Second Amended Complaint here.
Judge Tigar’s Order can be read here.