Mwantembe v. TD Bank, N.A.

MEMORANDUM OPINION

SAVAGE, District Judge.

Introduction

This putative consumer class action asserting causes of action under Pennsylvania law for the defendant banks’ failure to disclose the deduction of dormancy and replacement fees 1 from gift cards prior to their expiration dates raises a question of the preemptive effect of the National Bank Act. Moving to dismiss the amended complaint, the defendants, nationally chartered banks, argue that the state law claims are preempted by the National Bank Act (“NBA”) and the regulations issued by the Office of the Comptroller of the Currency (“OCC”).…