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SMITH v. ZAZZLE.COM, INC.

Case No. 08-22371-CIV.

589 F.Supp.2d 1345 (2008)

Allison SMITH, Plaintiff, v. ZAZZLE.COM, INC., Defendant.

United States District Court, S.D. Florida, Miami Division.

December 9, 2008.

Attorney(s) appearing for the Case

Matthew Jon Militzok, Esq., Hollywood, FL, for Plaintiff.

Guy Alan Lewis, Esq., Susan Capote, Esq., Micheal Ross Rein, Esq., Lewis Tein, Coconut Grove, FL, Glenn C. Colton, Esq., James D. Metzger, Esq., Wilson Sonsini Goodrich & Rosati PC, New York, NY, for Defendant.

ORDER OF DISMISSAL

JAMES LAWRENCE KING, District Judge.

THIS CAUSE comes before the Court upon the Defendant's Motion to Dismiss (D.E. # 7) filed October 9, 2008, in which the Defendant asserts that the instant action should be dismissed for the following reasons: (1) the plain language of the Fair and Accurate Credit Transaction Act ("FACTA"), 15 U.S.C. § 1681c, does not provide a cause of action for internet receipts;

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