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COHEN v. CAPITAL ONE, N.A.

No. 12 Civ. 5368(VM).

921 F.Supp.2d 107 (2013)

Ita COHEN, on behalf of herself and the class, Plaintiff, v. CAPITAL ONE, N.A., Defendant.

United States District Court, S.D. New York.

January 31, 2013.

Attorney(s) appearing for the Case

Robert L. Lash , Herzfeld & Rubin, P.C., Shimshon Wexler , The Law Offices of Shimshon Wexler, PC, New York, NY, for Plaintiff.

Mark David McPherson , Morrison & Foerster LLP, New York, NY, Colette M. Lebon , Rebekah Kaufman , Morrison & Foerster LLP, San Francisco, CA, for Defendant.

DECISION AND ORDER

VICTOR MARRERO, District Judge.

Plaintiff Ita Cohen ("Cohen") brought this action on behalf of herself and a purported class of similarly situated persons against defendant Capital One, N.A. ("Capital One"), alleging violations of the Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq. and its implementing regulations 12 C.F.R. § 205.1 et seq. (hereinafter referred to collectively as the "EFTA"). The Court conducted...

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