United States District Court, D. New Jersey
THERESA E. GILLETTE, Plaintiff,
TOYOTA MOTOR SALES, U.S.A, INC., Defendant
Appearances: LEWIS G. ADLER, ESQ., Woodbury, New Jersey; Paul DePetris, Esq., LAW OFFICE OF PAUL DEPETRIS, Medford, New Jersey; Ronald E. Norman, Esq., LAW OFFICE OF RONALD E. NORMAN, LLC, Turnersville, New Jersey, Counsel for Plaintiff.
J. Gordon Cooney, Jr., Esq., Kristofor T. Henning, Esq., Christopher Iannicelli, Esq., MORGAN, LEWIS & BOCKIUS LLP, Philadelphia, Pennsylvania, Counsel for Defendant.
Joseph E. Irenas, Senior United States 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" ).  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.
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 SAEFTY, 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, ...