![]() ![]() ¶ 7.) Because of rapidly changing technology, consumers are willing to pay a premium for a device that comes with updates. ¶ 6.) “The product boxes-the last thing the consumers see before they purchase the Products-have continuously highlighted the addition of Lifetime Traffic and/or Maps.” (Id. “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. Case 7:19-cv-04908-NSR Document 23 Filed 03/13/21 of 15 online, and directly from defendant’s website (Id. ¶ 49), manufactures, distributes, markets, labels and sells portable navigation devices (“Products”) to consumers through third-party retailers, including brick-and-mortar stores and 1 Plaintiff has withdrawn the claims under the California consumer protection laws (Opp’n at 5 n.2) and for breach of implied warranty (Opp’n at 1 n.1). Plaintiffs’ Allegations TomTom, a California corporation with a principal place of business in New Hampshire (Compl. 1)) and are presumed true for purposes of this motion. BACKGROUND The facts herein are drawn from Plaintiffs’ Complaint (“Compl” (ECF No. For the following reasons, the Court GRANTS Defendant’s motion. 1 Before the Court is TomTom’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) (“Rule 12(b)(6)”). (“TomTom”) for (1) allegedly misleading or deceptive acts in violation of New York’s General Business Law Sections 349 and 350, (2) negligent misrepresentation, (3) fraud, (4) breach of express warranty, and (5) unjust enrichment. ROMÁN, United States District Judge: Plaintiffs Francis McVetty and Jane Doe, individually and behalf of all others similarly situated (collectively, “Plaintiff” or “McVetty”), bring this putative class action against TomTom North America, Inc. 3/13/21 19 CV 4908 (NSR) OPINION & ORDER TOMTOM NORTH AMERICA, INC., Defendant. 23 Case 7:19-cv-04908-NSR Document 23 Filed 03/13/21 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK FRANCIS MCVETTY AND JANE DOE, individually and on behalf of all others similarly situated Plaintiffs, v. ![]()
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