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FOLLMAN v. WORLD FINANCIAL NETWORK NATIONAL BANK

No. 10-CV-1921 (SLT).

721 F.Supp.2d 158 (2010)

Cheryl FOLLMAN, individually and on behalf of all others similarly situated, Plaintiff, v. WORLD FINANCIAL NETWORK NATIONAL BANK, Defendant.

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

October 21, 2010.

Attorney(s) appearing for the Case

Brian L. Bromberg , Bromberg Law Office, P.C., Harley J. Schnall , Law Office of Harley J. Schnall, New York, NY, for Plaintiff.

Alan S. Kaplinsky , Mark J. Levin , Ballard Spahr LLP, Philadelphia, PA, Michael J. Tiffany , James K. Leader , Leader & Berkon LLP, New York, NY, for Defendant.

MEMORANDUM AND ORDER

TOWNES, District Judge.

Plaintiff, Cheryl Follman, brings a class action against defendant, World Financial Network National Bank, alleging violations of the Truth in Lending Act. Defendant now moves to stay the proceeding in favor of arbitration. For the reasons discussed below, the motion is denied.

BACKGROUND

The material facts of this case are undisputed. They are drawn from plaintiffs complaint and the affidavits...

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