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KIVO v. BLUMBERG EXELSIOR, INC.

No. 13-CV-4170 (ADS)(AKT).

982 F.Supp.2d 217 (2013)

Melissa KIVO, individually and on behalf of a class, Plaintiff, v. BLUMBERG EXELSIOR, INC., and Does 1-10, Defendants.

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

November 16, 2013.

Attorney(s) appearing for the Case

Kleinman, LLC by Abraham Kleinman, Esq. , Of Counsel, Uniondale, NY, Attorneys for the Plaintiff.

Edelman, Combs, Latturner & Goodwin, LLC, by Cathleen, M. Combs, Esq. , Tiffany N. Hardy, Esq. , of Counsel, Chicago, IL, Attorneys for the Plaintiff.

Tarter Krinsky & Drogin LLP, by Andrew N. Krinsky, Esq. , Maxwell D. Rosenthall, Esq. , of Counsel, New York, NY, Attorneys for the Defendant Blumberg Excelsior, Inc. 1350 Broadway.

Arkin Kaplan Rice LLP, by Alan R. Arkin, Esq. , Of Counsel, New York, NY, Attorneys for the Defendant Blumberg Excelsior, Inc. 590 Madison Avenue.

Does 1-10, No Appearances.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

On July 23, 2013, the Plaintiff Melissa Kivo (the "Plaintiff") commenced this action on behalf of herself and a putative class, alleging that the Defendant Blumberg Excelsior, Inc. (the "Defendant") violated Section 1681c(g) of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), which requires that merchants truncate the credit card information they

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