Thomasson v. Bank One, Louisiana, N.A.

ORDER AND REASONS

FALLON, District Judge.

Before the Court is defendant’s motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the following reasons, defendant’s motion is DENIED in part and GRANTED in part.

I.BACKGROUND

Plaintiff Margaret Thomasson (“Thom-asson”) contracted with First National Bank of Commerce for a loan on September 4, 1998. The consumer loan was secured by a $5,000.00 certifícate of deposit owned by plaintiff Eliza Thomasson Holland and payments were deducted automatically from Thomasson’s Smith Barney account each month.

Defendant Bank One…