TomTom Class Action Filed Over Misleading ‘Lifetime’ Marketing

A recent class action lawsuit claims that TomTom navigation devices are marketed with deceptive “lifetime” claims.

According to the TomTom class action, TomTom navigation models GO, ONE, XL, VIA, START, XXL and EASE are marketed as coming with “lifetime maps.”

When consumers purchase a TomTom navigator with the lifetime maps feature, they are reportedly allowed to download four or more “full updates” of their map every year for the full lifetime of the product.

Plaintiff Francis McVetty claims that in a world where new electronic devices are constantly being released, many consumers are overwhelmed by all of the options and the idea that devices need to be constantly replaced.

TomTom allegedly takes advantage of consumers by “essentially saying ‘Buy our devices now (at their high price), and you won’t have to get another one for a long time because we will provide updated maps so that the functionality does not decrease.’”

This approach was reportedly effective and enticed consumers into purchasing TomTom models advertised with the “Lifetime Map and Traffic” feature.

McVetty and an unnamed plaintiff both claim that “given that the prices of these items have increased at levels above the consumer price index and stalled wage growth, there is a clear incentive to pay a bit a premium price for a device, but with the comfort of knowing your next device is a long way off.”

Despite representations that TomTom consumers will have access to map and traffic features for the lifetime of their device, the company reportedly terminated this feature in January 2018.

The navigation manufacturer justified the decision by stating that older models did not have the “sufficient resources” that were required to run new map software.

The sudden lack of support for older models reportedly shocked consumers who had assumed that they would be able to use their device for its entire lifetime. The issue reportedly lies in TomTom’s deceptive representations of “lifetime.”

Whereas most consumers would allegedly assume that “lifetime” means “as long as the device operates,” TomTom adds unexpected provisions.

The company reportedly defines lifetime as “the period of time that TomTom continues to support your device with software updates, services, content or accessories” which does not reflect most consumer’s understanding of the word “lifetime.”

The TomTom class action lawsuit claims that the navigation company intentionally misleads consumers about the definition of “lifetime” when it comes to their products, meaning that consumers purchase these products based on false promises.

McVetty and the unnamed plaintiff have also filed a class action against Garmin USA making similar claims about the navigation devices’ “lifetime” marketing. The suit criticizes Garmin’s slow customer service that “frustrates and stymies the abilities of customers” when seeking updates that they were promised by Garmin marketing.

In McVetty’s TomTom class action, she and the other plaintiff seek to represent a Class of consumers who purchased TomTom navigation devices with relevant “lifetime” representations.

They also seek to represent several statewide Classes of the same consumers from New York, Idaho, Ohio, Massachusetts, Kentucky, and California.

The TomTom class action lawsuit seeks injunctive relief, restitution, disgorgement, monetary damages, treble damages, punitive damages, interest, court costs, and attorneys’ fees.

Plaintiffs and the proposed Class are represented by Spencer Sheehan of Sheehan & Associates PC.

The TomTom Lifetime Maps Class Action Lawsuit is McVetty, et al. v. TomTom North America Inc., Case No. 7:19-cv-04908, in the U.S. District Court for the Southern District of New York.

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