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SCHNALL v. AMBOY NAT. BANK

No. 01-1502.

279 F.3d 205 (2002)

Martin SCHNALL, individually and on behalf of all others Similarly Situated, Appellant, v. AMBOY NATIONAL BANK.

United States Court of Appeals, Third Circuit.

January 28, 2002.

Attorney(s) appearing for the Case

Stuart A. Blander, (Argued) Alan A. Heller, Heller, Horowitz & Feit, P.C., New York, NY, Abe Rappaport, David Kessler & Associates, L.L.C., Clifton, NJ, Counsel for Appellant.

Dennis T. Kearney, (Argued) Helen A. Nau, Pitney, Hardin, Kipp & Szuch, LLP Morristown, NJ, Counsel for Appellee.

Dolores S. Smith, Director Board of Governors of the Federal Reserve System Division of Consumer and Community Affairs, Washington, DC, Counsel for Amicus Curiae at the Invitation of the Court.

Before: BECKER, Chief Judge, McKEE and RENDELL Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

In this putative class action, plaintiff Martin Schnall alleges that the newspaper advertisements and account disclosures of defendant Amboy National Bank ("the Bank") violated the Truth in Savings Act ("TISA"), 12 U.S.C. SS 4301-13, and regulations promulgated by the Federal Reserve Board pursuant to the Act. In particular, Schnall contends that the Bank failed to calculate the advertised annual percentage yield...

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