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WOOD v. CAPITAL ONE SERVICES, LLC

No. 5:09-CV-1445 (NPM/DEP).

718 F.Supp.2d 286 (2010)

Gareth D. WOOD, in his own behalf and on behalf of all others similarly situated, Plaintiff, v. CAPITAL ONE SERVICES, LLC; NCO Financial Systems, Inc.; and Capital One Bank (USA), N.A., Defendants.

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

June 18, 2010.

Attorney(s) appearing for the Case

Lemberg & Associates L.L.C., Sergei Lemberg, Esq. , of Counsel, Stamford, CT, for Plaintiff.

Hunton & Williams LLP, Brian V. Otero, Esq. , of Counsel, New York, NY, for Defendants, Capital One Services, LLC and Capital One Bank (USA), N.A.

Riverfront Plaza, East Tower, George P. Sibley, Esq. , Lewis F. Powell III, Esq. , of Counsel, Richmond, VA.

Sessions, Fishman, Nathan & Israel, L.L.C., David Israel, Esq. , of Counsel, Metairie, LA, for Defendant, NCO Financial Systems, Inc.

Michael Del Valle, Esq. , of Counsel, Amherst, NY.

MEMORANDUM-DECISION and ORDER

NEAL P. McCURN, Senior District Judge.

I. Introduction

Plaintiff, Gareth D. Wood ("Plaintiff"), brought this action against defendants Capital One Bank (USA), N.A. ("Capital One Bank"), Capital One Services, LLC ("Capital One Services") and NCO Financial Systems ("NCO") alleging violations of the Fair Debt Collection Practices Act ("FDCPA") and New York General Business Law § 349 ("NYGBL § 349...

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