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McVetty v. TomTom N. Am. Inc.

GBL Claims Over Navigation Device Maps Dismissed; No Showing Labels Misleading

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OPINION & ORDER This putative class action alleges that Defendant TomTom North America, Inc. misled consumers to believe it was promising them that one of its navigation devices (the “Product”) would have “Lifetime Maps” to avoid having to replace their device every few years. (Am. Compl. at 1-12, ECF No. 24.) Plaintiff Francis McVetty, individually and on behalf of others similarly situated, brings this action against Defendant asserting claims for violations of New York’s General Business Law §§349 and 350, breach of express warranty, breach of implied warranty of merchantability, unjust enrichment, and trespass to chattel. (Id. at 14-16.) Presently pending before the Court is Defendant’s motion to dismiss Plaintiff’s Amended Complaint under Federal Rule of Civil Procedure 12(b)(6). (ECF No. 31.) For the following reasons, the Court GRANTS Defendant’s motion to dismiss. BACKGROUND I. Factual Background The following facts are derived from the Amended Complaint and are taken as true and constructed in the light most favorable to Plaintiff for the purposes of this motion. Defendant, a California corporation with a principal place of business in New Hampshire, manufactures, distributes, markets, labels, and sells portable navigation devices to consumers through third-party retailers, including brick-and-mortar stores and online, and directly from its website (the “Products”). (Am. Compl.

1, 59). “All of the Products are marketed and advertised as coming with Lifetime Maps or Lifetime Maps and Traffic, point-of-sale marketing, retailers’ catalogues, websites and television sales, uniformly and pervasively promotes the Lifetime Maps and/or Traffic Updates.” (Id. 5.) “The product boxes have continuously highlighted the addition of Lifetime Traffic and/or Maps….” (Id. 6.) Because of rapidly changing technology, consumers are willing to pay a premium for a device that comes with updates so that they are not continually needing to buy new devices. (Id.

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