Arevalo v. Bank of America Corp.

ORDER RE: MOTION TO DISMISS

THELTON E. HENDERSON, District Judge.

This matter came before the Court on March 7, 2011, on the motion to dismiss and/or strike filed by Defendant Bank of America Corporation (“Bank of America”). *1014For the reasons set forth below, Defendant’s motion is GRANTED IN PART and DENIED IN PART.

BACKGROUND

Plaintiffs Juan Arevalo (“Arevalo”) and Mitchell Sandow (“Sandow”) hold credit cards bearing Bank of America’s logo.1 In April and August 2010, respectively, Arevalo and Sandow discovered charges for “Credit Protection Plus” (“CPP”) on their credit card statements. CPP is a…