Mabary v. Hometown Bank, N.A.

MEMORANDUM AND ORDER

KEITH P. ELLISON, District Judge.

Before the Court is Defendant’s Motion to Dismiss (“Motion”). (Doc. No. 43.) After considering the Motion, all responses and replies thereto, and the applicable law, the Court concludes that the Motion should be DENIED.

I. FACTS

The Court reviewed the facts of this case in a prior Memorandum and Order (Doc. No. 32) and will not do so again. In brief, Plaintiff filed the present lawsuit on behalf of herself and all others similarly situated, alleging that Defendant violated the Electronic Funds Transfer Act, 15 U.S.C. § 1693 et seq. (“EFTA”),…