District Court, S.D. New York September 14, 2011, No. 10 Civ. 3167(PKC) (Engel v. Scully & Scully, Inc.)

MEMORANDUM AND ORDER

P. KEVIN CASTEL, District Judge:

Plaintiff Paul Engel brings this putative class action against defendant Scully & Scully, Inc., under the Fair and Accurate Credit Transactions Act (“FACTA”), 15 U.S.C. § 1681c(g). Engel has moved for class certification under Rule 23, Fed.R.Civ.P., and the defendant opposes and moves to dismiss under Rule 12(b), Fed.R.Civ.P.