Gillette v. Toyota Motor Sales, U.S.A., Inc.

980 F. Supp. 2d 660, 2013 WL 5944096, 2013 U.S. Dist. LEXIS 159379
CourtDistrict Court, D. New Jersey
DecidedNovember 7, 2013
DocketCivil No. 13-3191 (JEI/AMD)
StatusPublished

This text of 980 F. Supp. 2d 660 (Gillette v. Toyota Motor Sales, U.S.A., Inc.) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gillette v. Toyota Motor Sales, U.S.A., Inc., 980 F. Supp. 2d 660, 2013 WL 5944096, 2013 U.S. Dist. LEXIS 159379 (D.N.J. 2013).

Opinion

IRENAS, Senior District Judge:

Plaintiff Theresa Gillette, brings this putative class action lawsuit asserting one violation of New Jersey’s Truth in Contract Consumer Warranty and Notice Act, N.J.S.A. 56:8-1, et seq. (“TCCWNA”).1 Defendant Toyota Motor Sales, U.S.A., Inc., moves to dismiss the Complaint pursuant to Fed.R.Civ.P. 12(b)(6). The Complaint fails to state a claim for violation of the TCCWNA, therefore the Motion will be granted.

I.

The Complaint alleges the following facts.

On September 12, 2008, Gillette purchased a 2009 Toyota Camry from a Toyota-Scion dealership in Cherry Hill, New Jersey. In connection with the purchase, “[Toyota], through the dealer, provided [Gillette],” (Compl. ¶ 24) with the following notice:

IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER NEW JERSEY LAW TO A REFUND OF THE PURCHASE PRICE OR YOUR LEASE PAYMENTS. FOR COMPLETE INFORMATION REGARDING YOUR RIGHTS AND REMEDIES UNDER THE RELEVANT LAW, CONTACT THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS, LEMON LAW UNIT, AT POST OFFICE BOX 45026, 124 HALSEY STREET, NEWARK, NEW JERSEY 07102, TEL. NO. (973)504-6226.

To seek remedies under the Lemon Law, you must first:

(1) Notify Toyota at the address below, by certified mail, of the problem with your vehicle; and
(2) Provide Toyota with an opportunity to repair it.

TOYOTA CUSTOMER EXPERIENCE CENTER

TOYOTA MOTOR SALES, U.S.A., INC.

P.O. BOX 2991

TORRANCE, CA 90509-2991

(800) 331-4331

(Compl. Ex. A)

Such notice is required by New Jersey’s Lemon Law, which states:

At the time of purchase in the State of New Jersey, the manufacturer ... shall provide directly to the consumer a written statement prescribed by the [Director of the Division of Consumer Affairs], presented in a conspicuous and understandable manner on a separate piece of paper and printed in both English and Spanish languages, which provides information concerning a consumer’s rights and remedies under [the Lemon Law], and shall include ... a [662]*662summary of the provisions of ... (1) [N.J.S.A.] 56:12-31....

N.J.S.A. 56:12-34(a).

N.J.S.A. 56:12-31, in turn provides, in relevant part,

If a consumer reports a nonconformity in a motor vehicle to the manufacturer ... during the first 24,000 miles of operation or during the period of two years following the date of original delivery to the consumer, whichever is earlier, the manufacturer ... shall make, or arrange with its dealer or distributor to make, within a reasonable time all repairs necessary to correct the nonconformity.

The Complaint does not allege that Gillette has experienced any problems with her Toyota Camry. Nor does the Complaint allege that Gillette even read the above-quoted notice.

More than four years after Gillette received the notice, she filed the instant suit. She claims the notice violates the TCCNWA insofar as the notice allegedly misstates New Jersey’s Lemon Law because it states that the consumer must “notify” Toyota “by certified mail,” of the problem with the car. For this asserted violation, Gillette seeks the statutory civil penalty of $100, reasonable attorney’s fees and court costs. (Compl. ¶ 61)

II.

Federal Rule of Civil Procedure 12(b)(6) provides that a court may dismiss a complaint “for failure to state a claim upon which relief can be granted.” In order to survive a motion to dismiss, a complaint must allege facts that raise a right to relief above the speculative level. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007); see also Fed.R.Civ.P. 8(a)(2). While a court must accept as true all factual allegations in the plaintiffs complaint, and view them in the light most favorable to the plaintiff, Phillips v. County of Allegheny, 515 F.3d 224, 231 (3d Cir.2008), a court is not required to accept sweeping legal conclusions cast in the form of factual allegations, unwarranted inferences, or unsupported conclusions. Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 906 (3d Cir.1997). The complaint must state sufficient facts to show that the legal allegations are not simply possible, but plausible. Phillips, 515 F.3d at 234. “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009).

III.

As previously stated, the Complaint asserts a violation of the TCCWNA. The statute provides, in relevant part,

No seller ... shall in the course of his business ... give ... any written consumer warranty, notice or sign ... which includes any provision that violates any clearly established right of a consumer or responsibility of a seller ... as established by State or Federal law at the time ... the warranty, notice or sign is given or displayed.

N.J.S.A. 56:12-15.

Gillette contends that the notice she received erroneously adds an additional prerequisite to pursuing Lemon Law remedies, namely that she must notify Toyota by certified mail of the problem with her car. She contends that neither the Lemon Law, nor the relevant state regulations, require that a consumer notify the manufacturer by certified mail, and therefore the notice violates her “clearly established right” under the Lemon Law, in violation of the TCCWNA.

[663]*663Gillette’s argument fails. The Lemon Law states that a consumer must “report” a nonconformity before a manufacturer’s statutory obligation to fix the problem is triggered. N.J.S.A. 56:12-31. A simple and reliable way to “report” a problem to Toyota is to send a letter via certified mail.

Moreover, sending a letter via certified mail is exactly what the New Jersey Division of Consumer Affairs advises consumers to do before filing an administrative claim under the Lemon Law. Page one of the Division’s “Motor Vehicle Lemon Law” brochure reads:

What must I do before I submit a Lemon Law application [to the Division of Consumer Affairs]?
Before you can file a claim under the Lemon Law, you must give the manufacturer one final opportunity to repair the defect. A letter to the manufacturer (not the dealer) must be sent via certified mail, return receipt requested, stating that you may have a claim and that you are giving the manufacturer one last chance to repair the defect. See

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Related

Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Morse v. Lower Merion School District
132 F.3d 902 (Third Circuit, 1997)
Phillips v. County of Allegheny
515 F.3d 224 (Third Circuit, 2008)
DiVigenze v. Chrysler Corp.
785 A.2d 37 (New Jersey Superior Court App Division, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
980 F. Supp. 2d 660, 2013 WL 5944096, 2013 U.S. Dist. LEXIS 159379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillette-v-toyota-motor-sales-usa-inc-njd-2013.