Fink v. Time Warner Cable

Plaintiffs appealed from the district court's dismissal of their Second Amended Class Action Complaint pursuant to Rule 12(b)(6). Plaintiffs challenged the veracity of certain advertisements in which Time Warner allegedly described its Road Runner Internet service. Plaintiffs asserted that Time Warner's allegedly deceptive advertisements violated New York General Business Law 349 and various California consumer protection statutes, and gave rise to claims for common law fraud, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. The court concluded that the allegations of the Complaint were materially inconsistent with the sole advertisement plaintiffs have submitted. Therefore, the court concluded that plaintiffs' claims lacked the facial plausibility necessary to survive a motion to dismiss. Accordingly, the court affirmed the judgment. View "Fink v. Time Warner Cable" on Justia Law