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Healing for the Abused Woman Ministries v. PNC Merch. Servs. Co. LP

Unjust Enrichment Allegation Sufficiently States Early Termination Fee Was Unreasonable

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[CORRECTED] MEMORANDUM & ORDER   Plaintiffs Healing for the Abused Woman Ministries (“HAWM”), Kelwin Inkwel, LLC (“Inkwel”), Anita’s Skin & Body Care (“ASBC”), D.B Kosie & Associates (“DBKA”), Choi’s Beer Shop, LLC (“Choi’s LLC”), and Abramoff Law Offices (“ALO”) bring this consolidated putative class action against Defendant PNC Merchant Services Company, L.P. (See Am. Consolidated Class Action Compl. (“CCAC”) (Dkt. 36).) Plaintiffs assert four causes of action under New York law: (1) breach of contract and breach of the covenant of good faith and fair dealing; (2) conversion; (3) fraudulent inducement; and (4) unjust enrichment. (Id.

258-304.) Now before the court are Defendant’s motions to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6) and to strike the jury demand contained therein.1 (Def. Mot. to Dismiss (“Mot.”) (Dkt. 27).) For the reasons set forth below, Defendant’s motion to dismiss is GRANTED in part and DENIED in part. Defendant’s motion to strike the jury demand is GRANTED. I. BACKGROUND A. Factual Allegations The following factual summary is drawn from the facts alleged in the CCAC, which the court generally accepts as true for the purpose of adjudicating Defendant’s motion to dismiss, as well as from documents attached to the CCAC and statements or documents incorporated into the CCAC by reference or relied upon so heavily as to be “integral” to the CCAC. See N.Y. Pet Welfare Ass’n v. City of New York, 850 F.3d 79, 86 (2d Cir. 2017); Goel v. Bunge, Ltd., 820 F.3d 554, 559 (2d Cir. 2016). 1. Common Factual Allegations Defendant is a Delaware limited partnership co-owned by PNC Bank and First Data Corporation that provides credit and debit card processing services to more than 125,000 merchants. (See CCAC

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