District Court, E.D. New York September 30, 2004, 03CV1136(RJD)(JMA) (Stone v. Golden Wexler & Sarnese, P.C.)

MEMORANDUM & ORDER

DEARIE, District Judge.

Plaintiff brings a class action against defendants alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692

et seq.

Defendant Capital One Bank moves to stay the proceeding in favor of arbitration. For the reasons discussed below, the motion is denied.

BACKGROUND

The material facts of the case are undisputed.