Roberts
Roberts Ex Rel. Trust of Reese v. North American Van Lines, Inc.
Opinion
Opinion
Conti, J.
ORDER RE: DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED
I. INTRODUCTION
Now before the Court is North American Van Lines’ (“North American” or “Defendant”) motion to dismiss Plaintiffs’ state law causes of action on the grounds that they are preempted by federal law. Having reviewed the relevant case law and the submissions of the parties, and for the reasons articulated below, the Court grants North American’s motion.
II. BACKGROUND
This is a class action arising from North American’s allegedly widespread and deceptive practice of baiting consumers of moving services with reasonable, written estimates, then increasing the charges to artificially-inflated amounts and holding consumers’ household belongings hostage until the artificially-inflated amount is paid. Pis.’ First Amended Complaint (“FAC”) at ¶ 1. The following allegations are taken as true for purposes of this motion. During the summer of 2002, Mrs. Reese sought to move her daughter’s belongings from California to Florida. She contacted multiple moving companies to provide her with estimates. On or about July 29, 2002, a representative from North American inspected Mrs.…