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MWANTEMBE v. TD BANK, N.A.

Civil Action No. 09-0135.

669 F.Supp.2d 545 (2009)

Chawezi MWANTEMBE, et al. v. TD BANK, N.A., et al.

United States District Court, E.D. Pennsylvania.

November 17, 2009.

Attorney(s) appearing for the Case

Leonard V. Fodera, Silverman & Fodera, PC, Daniel C. Levin, Fishbein, Sedran & Berman, Philadelphia, PA, Michael E. Berman, Michael E. Berman PC, Long Beach, NY, for Plaintiffs.

Angelo A. Stio, III, Pepper Hamilton LLP, Princeton, NJ, Eric J. Goldberg, Stephen G. Harvey, Pepper Hamilton LLP, Philadelphia, PA, for Defendants.

MEMORANDUM OPINION

SAVAGE, District Judge.

Introduction

This putative consumer class action asserting causes of action under Pennsylvania law for the defendant banks' failure to disclose the deduction of dormancy and replacement fees1 from gift cards prior to their expiration dates raises a question of the preemptive effect of the National Bank Act. Moving to dismiss the amended complaint, the defendants, nationally...

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