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POLVAY v. FCTI, INC.

22-cv-4315 (JSR).

713 F.Supp.3d 1 (2024)

Jerome POLVAY, Individually and on Behalf of all Others Similarly Situated, Plaintiff, v. FCTI, INC., and Does 1-10, Inclusive, Defendants.

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

Signed January 29, 2024.

Attorney(s) appearing for the Case

Jae Kook Kim, Lynch Carpenter, LLP, Pasadena, CA, Tiffine Malamphy, Lynch Carpenter, LLP, San Diego, CA, Todd D. Carpenter, Lynch Carpenter, LLP, Del Mar, CA, Gary F. Lynch, Lynch Carpenter, LLP, Pittsburgh, PA, for Plaintiff.

Richard R. Spirra, Gordon Rees Scully Mansukhani, LLP, San Diego, CA, Robert Beckmann, William Frederick, Guttenberg, NJ, for Defendant FCTI, Inc.

OPINION AND ORDER

On February 3, 2023, plaintiff Jerome Polvay moved to certify a class of New York consumers who were assessed multiple fees for making balance inquiries at one of defendant FCTI's ATMs between May 1, 2018, and November 16, 2021...

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