United States District Court, D. New Jersey
WILLIAM J. MARTINI, U.S.D.J.
Cotapaxi Custom Design and Manufacturing, LLC
(“Plaintiff”) brings this action against Chase
Bank USA, N.A. (“Defendant”), alleging violations
of the Truth in Lending Act (“TILA”), 15 U.S.C.
§ 1601, et seq., and various state law claims.
This matter comes before the Court on Defendant's motion
to dismiss Counts 2-6 under Federal Rule of Civil Procedure
12(b)(6). There was no oral argument. Fed.R.Civ.P. 78(b). For
the reasons set forth below, Defendant's motion to
dismiss is GRANTED.
is a Delaware corporation with its principal place of
business in Carlstadt, New Jersey. Decl. of C. Turcotte, Ex.
A, Compl. ¶ 1, ECF No. 10-2 [hereinafter
“Compl.”]. Defendant is a Delaware corporation
with its principal place of business in Wilmington Delaware.
Id. at ¶ 2. Plaintiff engaged Defendant's
credit card services in the form of a Chase United Mileage
Plus business credit card account (the “Account”)
from at least early 2013 through May 2016. See id.
at ¶¶ 4, 6, 12. Plaintiff alleges damages of $643,
998.99 arising out of purported fraudulent charges made to
the Account by a third-party entity, BP Promos, beginning on
May 6, 2013, and ending in May 2016. See id. at
¶¶ 8-12. Plaintiff's Complaint alleges six
causes of action against Defendant:
(1) Count 1: violation of TILA, see id. at
(2) Count 2: breach of contract, see id. at
(3) Count 3: violation of the covenant of good faith and fair
dealing, see id. at ¶¶ 44-49;
(4) Count 4: violation of the New Jersey Consumer Fraud Act
(“NJCFA”), N.J.S.A. 56:8-1, see id. at
(5) Count 5: unjust enrichment, see id. at
¶¶ 65-70; and
(6) Count 6: fraud in the inducement, see id. at
moves to dismiss Counts 2-6, but does not contest the
validity of Count 1 at this time. See Def.'s
Mem. of Law in Supp. of Mot. (“Def.'s Mem.”)
1, ECF No. 10-1. Defendant argues that Counts 2 and 3 (the
“contract claims”) should be dismissed because
the Complaint fails to identify the contract and the specific
provisions therein that were breached. See id. at
4-6. Defendant argues that Counts 4 and 6 (the “fraud
claims”) should be dismissed because the Complaint
fails to meet the heightened pleading standards of Federal
Rule of Civil Procedure 9(b). See id. at 6-8.
Finally, Defendant argues that Count 5 should be dismissed
because Plaintiff's claim amounts to nothing more than a
formulaic recitation of the elements for unjust enrichment.
See id. at 8-9.
responds by first suggesting that Defendant's 12(b)(6)
motion is inappropriate because material questions of fact
exist as to Defendant's conduct, which requires discovery
by the parties. As part of this need for discovery, Plaintiff
notes that it is not currently in possession of the contract
which it claims Defendant breached. See Pl.'s
Mem. of Law in Opp'n to Pl.'s Mot. (“Pl.'s
Opp'n”) 3-4, ECF No. 12. Plaintiff next claims that
it satisfied Rule 9(b)'s heightened pleading standard by
alleging that Defendant's employee conveyed false
information to Plaintiff during a phone call on June 30,
2016. See id. at 4-6. Finally, Plaintiff submits
that Defendant's conduct violates the covenant of good
faith and fair dealing because it failed to investigate in
good faith the fraudulent charges made to Plaintiff's
Account. See id. at 6-9.
reply, Defendant reiterates its argument regarding the
contract claims and asserts that Plaintiff does not need
discovery to access the contract in question because it is
publicly available. See Def.'s Reply Mem. of Law
in Supp. of Mot. (“Def.'s Reply”) 2- 3, ECF
No. 14. Defendant further argues that the June 30
conversation between its employee and Plaintiff cannot form
the basis for a cause of action under the NJCFA. See
id. at 4-6. Defendant maintains that Plaintiff fails to
meet Rule 9(b)'s heightened pleading standard concerning
its fraudulent inducement claim. See id. at 6-7.
Finally, Defendant contends that Plaintiff did not respond to
its argument for dismissal of the unjust enrichment claim,
which the Court should consider unopposed and dismiss with
prejudice. See id. at 7.