In re General Motors LLC Ignition Switch Litigation

OPINION AND ORDER

JESSE M. FURMAN, United States District Judge:

[Regarding New GM’s Partial Motion To Dismiss the Fourth Amended Consolidated Class Action Complaint]

INTRODUCTION .. .391

BACKGROUND .. .392

LEGAL STANDARDS .. .394

DISCUSSION .. .395

A. Brand Devaluation Claims... .395

B. Damages for Lost Time .. .398

C. The Relevant Time Period for New GM’s Economic Loss Liability... .400

D. State Law Claims ... 404

1. Alabama .. .404

a. The ADTPA.. .404

b. Fraudulent Concealment .. .407

c. Unjust Enrichment .. .409

2. Illinois ... 409

a. The ICFA .. .410

b. Fraudulent Concealment ... 413

c. Unjust Enrichment .. .414

3. Massachusetts'.. .416

a. The Massachusetts CPA .. .417

b. Unjust Enrichment .. .418

4. Michigan .. .419

a. The MCPA;. .420

b. Fraudulent Concealment ... 424

c. Breach of Implied Warranty .. .426

d. Unjust Enrichment .. ,426

5. New York... .428

a. GBL Section 349.. .429

b. Fraudulent Concealment ., .431

c. Unjust Enrichment .. .433

6. Pennsylvania ... 434

a. Economic Loss Doctrine... .435

b. Manifestation ., ,436

c. The UTPCPL .. .440

d. Fraudulent Concealment ... 441

e. Unjust Enrichment .. .444

7. Texas .. .445 '

a. The Texas DPTA .. .446

b. Fraudulent Concealment .. .452

c. Unjust Enrichment .. .454

8. Wisconsin... .455

a. TheWDTPA ., .456

b. Fraudulent Concealment .460

c. Unjust Enrichment .. .461 CONCLUSION.. .461

INTRODUCTION

■ This multidistrict litigation (“MDL”), familiarity with which is assumed, arose from the recall in February 2014 by General Motors LLC (“New GM”) of General Motors (“GM”) vehicles that had been manufactured ' with a defective ignition switch — a switch that could too easily move from the “run” position to the “accessory” and. “off” positions, causing moving stalls and disabling critical safety systems (such as the airbag). Following that recall, New GM recalled millions of other vehicles, some for ignition switch-related defects and some for other defects. In this litigation, Plaintiffs seek recovery on behalf of a broad putative class of GM car owners and lessor^ whose vehicles were subject to those recalls, arguing that they have been harmed by, among other things, a drop in their vehicles’ value due to the ignition switch defect and other defects. *392 Their operative complaint — the Fourth Amended Consolidated Complaint or “FACC” — runs to over a 1700 pages and 7500 paragraphs, and includes claims under state law brought by named Plaintiffs in all fifty states and the District of Columbia.

In conjunction with the parties, the Court decided early on not to entertain a motion to dismiss all of the Plaintiffs’ economic loss claims at once — given, among other things, the number and scope of those claims; the possibility that the litigation would be materially affected by parallel proceedings in (and arising out of) bankruptcy court; and the likelihood that the parties could ultimately agree upon how the Court’s rulings as to some state law claims would apply to others, saving the need for the parties to brief and the Court to decide the same issues in fifty-one different jurisdictions. In an opinion filed almost exactly one year ago with respect to the then-operative Third Amended Consolidated Complaint (“TACC”), the Court ruled on the validity of, among other things, Plaintiffs’ claims in eight jurisdictions. Since that time, Plaintiffs filed the FACC and New GM filed another partial motion to dismiss, pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure, focusing — by agreement — on the claims of Plaintiffs from eight jurisdictions that were not addressed in the Court’s last Opinion. This Opinion and Order addresses those claims and a few issues that are not state-specific (that is, that apply to all Plaintiffs’ claims) — namely, a revised version of Plaintiffs’ “brand devaluation” theory of damages, which was pled in the TACC and dismissed in the Court’s last Opinion; Plaintiffs’ claims for damages in the form of “lost time” spent having their vehicles repaired; and the viability of economic loss claims brought by Plaintiffs who purchased their vehicles before New GM came into existence on July 10, 2009, or who disposed of their vehicles prior to GM’s announcement of the recalls in 2014.

For the reasons stated below, New GM’s motion to dismiss is GRANTED in part and DENIED in part. More specifically, it is GRANTED with respect to Plaintiffs’ repleaded “brand devaluation” claims, but DENIED with respect to Plaintiffs Iost-time-to repair claims. Additionally, it is GRANTED with respect to Plaintiffs who purchased their vehicles prior to New GM’s inception or disposed of their vehicles prior to the recall announcement. And finally, New GM’s motion to dismiss Plaintiffs’ claims in Alabama, Illinois, Massachusetts, Michigan, New York, Pennsylvania, Texas, and Wisconsin is GRANTED in part and DENIED in part, depending on, among other things, whether each state’s law allows claims in the absence of a manifested defect, requires a special trust relationship between the parties for a duty to disclose to arise, and permits plaintiffs to plead both contract claims and unjust enrichment claims. Ultimately, for the reasons that follow, most of Plaintiffs’ consumer fraud, fraudulent concealment, and breach of implied warranty claims survive, while the bulk of Plaintiffs’ unjust enrichment claims must be and are dismissed.

BACKGROUND

The underlying facts giving rise to this MDL proceeding are set forth in this Court’s prior opinions, familiarity with which is presumed. See, e.g., In re General Motors LLC Ignition Switch Litig., 14-MD-2543 (JMF), 2016 WL 3920353 (S.D.N.Y. July 15, 2016). To the extent relevant here, pursuant to a Sale Order entered on or about July 10, 2009, New GM emerged from the bankruptcy of General Motors Corporation (“Old GM”) as the operative GM business entity and the largest car manufacturer in the world. (Docket No. 3356 (“FACC”) ¶¶291, 336, 873). Prior *393 to the bankruptcy, however, Old GM personnel learned of a defect with the ignition switches in certain car models that allowed them to move from the “run” to the “off’ or “accessory” positions too easily. See In re Gen. Motors, 2016 WL 3920353 , at *3. New GM opened several investigations into incidents — including fatal crashes — involving the defective ignition switch, but ultimately did not recall any vehicles until February 2014. See id. at *4. Thereafter, between 2014 and 2015, New GM issued more than eighty-four recalls relating to more than seventy defects and affecting over twenty-seven million GM cars. Id.

On June 12, 2014, the Judicial Panel on Multidistrict Litigation transferred to this Court fifteen actions relating to the alleged ignition switch defect for “coordinated or consolidated pretrial proceedings” pursuant to Title 28, United States Code, Section 1407 . (Docket No. 1). The MDL has since grown to hundreds of cases (comprised of several thousand individual claims), with new cases transferred to, or filed directly with, the Court every month. Broadly speaking, the Court and the parties have divided the cases into two categories: personal injury and wrongful death claims, on the one hand, and economic loss claims, on the other. (See Docket No. 215). With respect to the latter, at issue here, the Court ordered Plaintiffs to proceed by submitting a “master” consolidated complaint that would supersede individual complaints, at least for purposes of pretrial proceedings (including motion practice). See In re Gen. Motors, 2016 WL 3920353 , at *5; In re General Motors LLC Ignition Switch Litig., No. 14-MD-2543 (JMF), 2015 WL 3619584 , at *10 (S.D.N.Y. June 10, 2015).

Plaintiffs did so, and later amended the consolidated complaint twice. On February 24, 2016, New GM filed a partial motion to dismiss the then-operative TACC. (Docket No. 2356). In an opinion entered on July 15, 2016, the Court granted New GM’s motion in part and denied it in part. See In re Gen. Motors, 2016 WL 3920353 . In particular, the Court dismissed Plaintiffs’ claims under the federal Racketeer Influenced and Corrupt Organization (“RICO”) Act, 18 U.S.C. § 1961 , et seq., and rejected Plaintiffs broadest theory of damages, which it called the “brand devaluation theory.” See id. at *7-18. The Court characterized the “brand devaluation theory” of damages as “unprecedented and unsound,” after finding that “persuasive precedent interpreting consumer protection law and general principles of tort recovery” precluded it from being a basis for recovery. Id. at *2, 42. The Court also considered Plaintiffs’ claims under the laws of eight different states, upholding the majority of Plaintiffs’ consumer fraud, common law fraud, and implied warranty claims while dismissing the bulk of their unjust enrichment and negligence claims. See id. at *18-42.

On September 15, 2016, Plaintiffs filed the FACC at issue here. The FACC asserts claims on behalf of a class of millions of Old GM and New GM vehicle owners whose vehicles were affected by various alleged defects and recalls. (See FACC 2-4). The FACC defines the plaintiff class as “[a]ll persons who bought or leased (i) a Delta Ignition Switch Vehicle on or before February 14, 2014; (ii) a Low Torque Ignition Switch Vehicle prior to July 3, 2014; (iii) a Knee-to-Key Camaro Defect Vehicle prior to July 3, 2014; (iv) a Side Airbag Defect Vehicle prior to March 17, 2014; and/or (v) a Power Steering Defect Vehicle Prior to April 1, 2014.” (Id. ¶ 34; see also id. at 2-3; Docket No. 3578 (“GM Mem.”), at 2-7). It does not seek damages for physical injury or property damage; nor does it allege that Plaintiffs were promised defect-free vehicles. Instead, Plaintiffs allege that their vehicles diminished in value because of the recalls and New GM’s al *394 leged conduct. (FACC ¶¶ 32-33, 44, 1104). They also allege that “all Plaintiffs incurred damages in at least the form of lost time required to repair their vehicles.” (E.g., FACC ¶ 1145). Plaintiffs bring a variety of state law claims, sounding in consumer fraud, common law fraud, implied warranty, and unjust enrichment, By agreement between the parties, the instant motion is largely limited to claims of the named Plaintiffs who reside in eight states not addressed in New GM’s motion to dismiss the.TACC:- Alabama, Illinois, Massachusetts, Michigan, New York, Pennsyb vania, Texas, and Wisconsin. (Docket No, 3431). 1

LEGAL STANDARDS

In evaluating a motion -to dismiss, a court must accept all facts set forth in the complaint as true and draw all reasonable inferences in the plaintiffs favor. See, e.g., Burch v. Pioneer Credit Recovery, Inc., 551 F.3d 122, 124 (2d Cir. 2008) (per curiam). A claim will survive a Rule 12(b)(6) motion, however, only if the plaintiff alleges facts sufficient “to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007). A claim is facially plausible “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that-the defendant is hable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) (citing Twombly, 550 U.S. at 556 , 127 S.Ct. 1955 ). A plaintiff must show “more than a sheer possibility that a defendant has acted unlawfully,” id., and cannot rely on mere “labels and conclusions” to support a claim, Twombly, 550 U.S. at 555 , 127 S.Ct. 1955 . If the plaintiffs pleadings “have not nudged [his or her] claims across the line from conceivable to plausible, [the] complaint must be dismissed.” Id. at 570 , 127 S.Ct. 1955 .

To the extent that a plaintiff alleges fraud, as Plaintiffs do here, Rule 9(b) requires a plaintiff to plead claims “with particularity,” specifying “the circumstances constituting fraud.” Fed. R. Civ. P. 9(b). Rule 9(b) “provides that a party alleging fraud ‘must state with particularity the circumstances constituting fraud or mistake,” to ensure that the defendant has “fair notice of a plaintiffs claim and adequate information to frame a response.” United States v. Wells Fargo Bank, 972 F.Supp.2d 593, 615 (S.D.N.Y. 2013). Generally, to satisfy Rule 9(b), a complaint must “(1). specify the statements that the plaintiff contends were fraudulent, (2) identify the speaker, (3) state where and when the statements were made, and (4) explain why the statements were fraudulent.” Lerner v. Fleet Bank, N.A., 459 F.3d 273, 290 (2d Cir. 2006) (internal quotation marks omitted). For fraud claims premised on concealment, a plaintiff must allege “(1) what the omissions were; (2) the person responsible for the failure to disclose; (3) the context of the omissions and the manner in which they misled the plaintiff; - and (4) what the defendant obtained through the fraud.” Schneider v. Pearson Educ., Inc., 12-CV-6392 (JPO), 2013 WL 1386968 , at *4 (S.D.N.Y. Apr. 5, 2013). Notably, “where the alleged fraudulent scheme involved numerous transactions that occurred over a long period of time, courts have found it impractical to require the plaintiff to plead the specifics with respect to each and every instance of fraudulent conduct.” Wells Fargo Bank, 972 F.Supp.2d at 616 (internal quotation *395 marks omitted). Failure to satisfy the Rule 9(b) standard, if applicable, is grounds for dismissal. See, e.g., Lerner, 459 F.3d at 293 ; Slayton v. Am. Express Co., 604 F.3d 758, 766 (2d Cir. 2010).

DISCUSSION

As noted, New GM’s present motion is largely limited to claims of the named Plaintiffs from eight new states: Alabama, Illinois, Massachusetts, Michigan, New York, Pennsylvania, Texas, and Wisconsin. As in the earlier opinion concerning New GM’s partial motion to dismiss the TACC, the Court will address each state separately because there are differences, small and large, in the relevant law from one state to the next. Before doing so, however, the Court will address three broader (that is, non-state-specific) arguments made by New GM — namely, that the Court should dismiss (1) Plaintiffs’ revised version of the “brand devaluation” theory; (2) Plaintiffs’ claims for “lost time” (that is, time devoted to repairing vehicles as part of the recalls); and (3) benefit-of-the-bargain claims brought on behalf of (a) Plaintiffs who purchased their vehicles before July 2009, when New GM was created, and (b) Plaintiffs who disposed of their vehicles before New GM announced its recalls in 2014. 2

A. Brand Devaluation Claims

As an initial matter, New GM moves to dismiss the FACC to the extent that it repleads the brand devaluation claims that the Court dismissed in its prior Opinion. (Docket No. 3547 (“GM Supp. Br.”), at 1; see also Docket No. 3543; Nov. 10, 2016 Status Conf. Tr. 33-35). In its prior Opinion, the Court dismissed that theory of damages “as unprecedented and unsound.” In re Gen. Motors, 2016 WL 3920353 , at *42. The Court reasoned that the .theory was unprecedented.in both its breadth and scope in at least two respects. First, it was brought on behalf of anyone who owned a GM brand car — without regard for whether a car had a defect. See id. at *7. Second, if recognized, it would amount to an indefinite guarantee of both “the product’s resale value and the brand’s continuing good name.” Id. The Court acknowledged that “labels and brands have independent economic value,” yet stated that “it does not follow that a consumer can recover if he or she buys a defect-free and functional product that performs as expected, but the company’s actions somehow affect the value of the company’s brand.” Id. at *8. Indeed, the Court noted that doing so might well have perverse effects: It might over-deter manufacturers and “diminish the resources available to plaintiffs who have been more directly injured by the manufacturer’s products.” Id. at *9. “If such a sea change in consumer protection policy and law [was] warranted,” the Court ultimately concluded, “it should emerge from the legislative, not the judicial, realm.” Id. ■

Plaintiffs'replead the brand devaluation theory in the FACC, but-contend that they do so in a “narrowed and revised” form that cures the defects identified by the Court in its last Opinion. (FACC ¶ 1086; Docket No. 3438 (“Pis.’ Ltr.”), at 1). Specifically, Plaintiffs identify two differences between the brand devaluation claims pleaded in the TACC and the brand devaluation claims pleaded in the FACC. First, Plaintiffs amended their brand devaluation claims to apply only to “Plaintiffs and pu *396 tative class members who have (or had) defective cars.” (Docket No. 3546 (“Pis.’ Supp. Br”), at 2). Second, “the FACC incorporates the work of a brand expert and explains how the theory applies in this specific context to affected cars.” (Id. (citing FACC ¶¶ 308-335). That is, “[t]he FACC makes allegations about how the repeated recalls had a negative impact on the brands and models that were recalled, about the relationship of New GM to its sub-brands, about New GM’s brand architecture, and it identifies some of the primary variables that will inform the calculation of the spillover effect of the ignition switch recalls to other recalled cars.” (Id. (citing FACC ¶¶ 332-335). New GM counters that these changes are immaterial for either of two reasons: (1) because the Court dismissed the brand devaluation claims in the TACC with prejudice; and (2) because, in any event, the claims, as amended, still fall short. (GM Supp. Br. 2-8). The Court agrees with New GM on both scores.

First, New GM is correct that the Court dismissed Plaintiffs’ brand devaluation claims with prejudice. In its motion to dismiss the TACC, New GM certainly asked that Plaintiffs’ brand devaluation claims be dismissed with prejudice. (Docket No. 2357, at 1-3). And while the Court was silent on the issue in its Opinion, see 2016 WL 3920353 at *42, the law deems such silence to mean dismissal with prejudice, see, e.g., Lerma v. Falks, 338 Fed.Appx. 472, 474 (5th Cir. 2009) (“The district court’s dismissal, though, will be construed as a dismissal with prejudice because it was silent on the issue.”); Stern v. Gen. Elec. Co., 924 F.2d 472 , 477 n.7 (2d Cir. 1991) (“A district court’s dismissal under rule 12(b)(6) is, of course, with prejudice unless it specifically orders dismissal without prejudice.”); Crawford v. W.V. Governor’s Office, 935 F.2d 1285 (4th Cir. 1991) (per curiam) (noting that final orders that were “silent” as to whether a dismissal is with or without prejudice “indicate] dismissal with prejudice”). Notably, Plaintiffs themselves come close to conceding as much. In a footnote in the FACC itself, for example, they state that their brand devaluation “allegations remain in the Complaint to preserve these claims for appeal.” (FACC 1 n.l (emphasis added)). And in their memorandum of law in opposition to New GM’s motion to dismiss (which Plaintiffs filed after they had briefed the question of whether the Court’s earlier dismissal was with or without prejudice), they note that the FACC includes “enhanced brand diminution allegations for appellate purposes.” (Docket No. 3661 (“Pis.’ Opp’n”), at 4-5 (emphasis added)). 3

Plaintiffs concede that “12(b)(6) dismissals unrelated to pleading infirmities ... are generally with prejudice, even if silent as to the point.” (Pis.’ Ltr. 1-2). Nevertheless, they argue that the Court “made clear that further amendments — without limitation — were authorized” in the final paragraph of its earlier Opinion. (Id. at 2). That argument barely passes the laugh test. The final paragraph of the Court’s earlier Opinion read in full:

Although this ruling addresses only some of the claims in the TACC, it will undoubtedly inform the parties with respect to the viability of other claims and, more generally, bear upon the further *397 progress of the MDL. The July 13, 2016 ruling from the Second Circuit, which held that purchasers of Old GM cars with ignition switch defects can bring claims for Old GM’s wrongdoing against New GM has, in all likelihood, also substantially redefined the scope of the claims that may proceed. The parties should be prepared to discuss the implir cations of this Court’s ruling and the Second Circuit’s ruling at the July 28, 2016 status conference — including but not limited to implications for the next phase of discovery. (See Docket Nos. 1569, 2156). Additionally, within thirty days from the date of this Opinion and Order, Plaintiffs shall submit their proposed amendments to the TACC. (See Docket No. 2323).

In re Gen. Motors, 2016 WL 3920353 , at *42. Nowhere in that paragraph (or elsewhere in the Opinion, for that matter) did the Court grant Plaintiffs carte blanche to re-plead the claims that had been found deficient. To be sure, the.Court did invite Plaintiffs to submit “proposed amendments to the TACC” within thirty days, id., but that invitation — as the citation to Docket No. 2323 made clear — was limited' to Plaintiffs’ agreement “to make certain amendments to the TACC” to comply with rulings of the Bankruptcy Court. (Docket No. 2323, at 2; see also Docket No. 2389 (adopting the parties’ proposal regarding the proposed amendments)). Accordingly, to the extent the Court dismissed Plaintiffs’ claims — including their brand devaluation claims — that dismissal was plainly with, not without, prejudice.

Second, and in any event, Plaintiffs’ revised brand devaluation claims still fail as a matter of law. See, e.g., Williams v. Citigroup Inc., 659 F.3d 208, 214 (2d Cir. 2011) (noting that a court need not grant leave to amend when “where the proposed amendment would be futile” (internal quotation marks omitted)). The FACC’s new paragraphs about the importance of labels and brands do little more than provide a factual basis-for the proposition that “labels and brands have independent economic value” — á proposition explicitly accepted by the Court in its earlier Opinion. See In re Gen. Motors, 2016 WL 3920353 , at *8. And while the revised claims are brought on behalf of a narrower universe of Plaintiffs — namely, “Plaintiffs and putative class members who have (or had) defective cars” (Pis.’ Supp. Br. 2) — that does not make them any less “unprecedented and unsound.” In re Gen. Motors, 2016 WL 3920353 , at *42. For one thing, Plaintiffs provide no conceptual basis for narrowing the universe of plaintiffs who could recover under their theory; that is, ipse dixit aside, they identify no limiting principle that would -justify applying the brand devaluation theory to only, a subset of GM car owners generally, all of whom the theory would view as having suffered harm. Additionally, whether the claims are asserted on behalf of all GM car owners or some subset of that universe, the claims suffer from the more fundamental problems identified in the Court’s earlier opinion — namely, that existing law does not provide a guarantee of both “the product’s resale value and the brand’s continuing good name.” Id. at *7.

As they did in their briefing in opposition to New GM’s motion to dismiss the TACC, Plaintiffs rely primarily (if not exclusively) on In re Toyota Motor Corp., 790 F.Supp.2d 1152 (C.D. Cal. 2011). (See Pls.’ Supp. Br. 5). But that decision does not support Plaintiffs’ argument, let alone bear the weight that Plaintiffs would put on it. Far from acknowledging the. brand devaluation, theory, the Toyota Court merely recognized that the plaintiffs in that case had established injury-in-fact as a result of their defective cars under the benefit-of-the-bargain theory. See 790 F.Supp.2d at 1165 (“Because every lead *398 Plaintiff alleges a safety defect, and defective cars are not worth as much as defect-free cars, Plaintiffs plausibly establish an economic loss.”); see also In re Gen. Motors, 20 16 WL 3920353 , at *8 (noting that the Toyota Court recognized the plaintiffs to have a claim solely under the benefit-of-the-bargain defect theory). More broadly, the portion of. the Toyota opinion upon which Plaintiffs here rely concerns the question of standing, not the viability of any particular damages theory. See In re Toyota, 790 F.Supp.2d at 1166 (finding injury-in-fact for a plaintiff that “plausibly established an economic loss by alleging that he saw the trade-in value of his 2007 Toyota Sienna drop according to various sources ‘once the recalls were made public’ ”). And as the Toyota Court itself observed, “[a]n injury-in-fact differs from a ‘legal interest’; an injury-in-fact need not be capable of sustaining a valid cause of action under applicable tort law.” Id. at 1160 (quoting Denney v. Deutsche Bank AG, 443 F.3d 253, 264-65 (2d Cir. 2006). Thus, Toyota provides no more support with respect to Plaintiffs’ amended brand devaluation claims than it did with respect to their original claims, and those claims remain dismissed.

B. Damages for Lost Time

Next, New GM moves to dismiss Plaintiffs claims to the extent that they seek damages in the form of “lost time”— that is, the time they spent getting repairs done on their defective vehicles in connection with the recalls. (See GM Mem. 24-25; Docket No. 3734 (“GM Reply”), at 13-14; see also, e.g., FACC ¶¶1145, 2794, 3790, 3918, 5182, 5958, 6573, 7298; Pls.’ Opp’n 28-29). New GM contends that time spent having a vehicle repaired for free as part of a recall does not constitute a legally cognizable or compensable injury. (See GM Mem. 24-25; GM Reply 13-14). Significantly, however, it frames that argument in categorical terms. That is, New GM does not move to dismiss Plaintiffs’ claims under the law of any particular jurisdiction (either the eight states that are the focus of this round of motion practice or otherwise); instead, it argues that Plaintiffs’ theory of damages for lost time — a theory alleged for the first time in the FACC— fails as a matter of law, without regard for the substantive law to be applied. In light of that, the" question for present purposes is whether any jurisdiction would recognize Plaintiffs’ theory of “lost time” damages. If so, then New GM’s motion can be denied, and the question of whether any particular Plaintiff has,a viable claim for “lost time” damages under his or her jurisdiction’s law can be postponed 'to another day.

The Court concludes that some states do recognize “lost time” as a valid theory of consequential damages. Consequential damages are generally “defined as damages which arise from special circumstances that make them probable, although they would be unusual apart from such circumstances.” Nat’l Investor Servs. Corp. v. Integrated Fund Servs., Inc., 85 Fed.Appx. 779, 781 (2d Cir. 2004) (summary order) (internal quotation marks omitted). By contrast, general damages are “the natural and probable consequence of the breach.” Id. While all states permit the recovery of general damages in some form, states diverge with respect to the availability of consequential damages and, in particular, whether lost time can be recovered as a form of consequential damage. For example, courts in Illinois — one of the states at issue here — have recognized “lost time” as a viable theory of damages. See, e.g., Fed. Ins. Co. v. J.K. Mfg. Co., 933 F.Supp.2d 1065, 1073 (N.D. Ill. 2013) (“Economic loss includes some incidental and consequential losses as lost profits, rental expenses and lost time.” (emphasis added) (quoting Reed v. Central Soya Co., *399 621 N.E.2d 1069, 1074 (Ind. 1993))); Dacor Corp. v. Sierra Precision, 753 F.Supp. 731, 732-733 (N.D. Ill. 1991) (declining to .dismiss the plaintiffs request for “incidental and consequential damages flowing from the recall of the defective products” as duplicative of the request for “damages in an amount equal to the difference between the value” of the product as sold versus the value of the product as warranted).

More broadly, as Plaintiffs note (Pis.’ Opp’n 28-29), most state courts construe their consumer protection statutes to permit recovery beyond actual damages, including incidental and consequential damages. See, e.g., Jersild v. Aker, 775 F.Supp. 1198, 1206 (E.D. Wis. 1991) (discussing the Wisconsin Supreme Court’s acknowledgment that damage measures must be flexible depending “on the nature of the bargain and the circumstances-of each case,” such that parties can be entitled to “indirect or consequential damages” if not du-plicative of direct damages); Stutman v. Chem. Bank, 95 N.Y.2d 24 , 709 N.Y.S.2d 892 , 731 N.E.2d 608, 612 (2000) (requiring a plaintiff to prove only actual injury rather than “pecuniary harm” to recover under New York’s consumer protection statute); Hauf v. Life Extension Found., 547 F.Supp.2d 771, 780 (W.D. Mich. 2008) (observing that the Michigan consumer protection statute is “remedial” and “must be liberally construed to achieve its intended goals,” such that a plaintiff can recover for a broad array of damages, even for injuries such as mental distress (quoting Forton v. Laszar, 239 Mich.App. 711 , 609 N.W.2d 850, 853 (2000))); Aspinall v. Philip Morris Cos., 442 Mass. 381 , 813 N.E.2d 476 , 492 (2004) (observing that defendants “confused issues of whether the plaintiffs will be able to prove actual damages with whether they have been injured by the defendants’ allegedly unlawful conduct,” which would entitled them to damages regardless under the Massachusetts consumer protection statute). In light of these examples, New GM’s categorical challenge to Plaintiffs’ claims for “lost time” damages falls short.

In fact, despite New GM’s claims to the contrary (GM Reply 13-14), some courts-have even recognized “lost time” as a basis for recovery in cases involving vehicle recalls. See, e.g., Frederick v. DaimlerChrysler Corp., No. 05-CV-2085 (JWL), 2005 WL 1319135 , at *2 (D. Kan. May 12, 2005) (remanding to state court a case in which the plaintiffs were seeking, inter alia, “[compensation for loss of time, loss of vehicle use, rental car expenses, inconvenience, and consequential damages” incurred for having their Grand Cherokees serviced and repaired); In re Myford Touch Consumer Litig., No. 13-CV-3072 (EMC), 2016 WL 7734558 , .at *15-17 (N.D. Cal. Sept. 14, 2016) (declining to certify a class where the plaintiffs “presented no methodology at all” relating to incidental and consequential damages, particularly because the plaintiffs did not even tell the court whether “they [sought] to recover for the loss of time in taking their vehicles to Ford to repair” and, if so, whether that would “include time driving their vehicles to and from Ford for repair” and “[l]ost wages as a result”); Neale v. Volvo Cars of N. Am., LLC, 794 F.3d 353 , 357 n.1 (3d Cir. 2015) (considering, for purposes of diversity jurisdiction, the scope of damages pleaded by the plaintiffs “including but not limited to costly repairs, loss of vehicle use, substantial loss in value and resale value of the vehicles, and other related damages”); Ford Motor Co. v. Ocanas, 138 S.W.3d 447, 449-50 (Tex. App. 2004) (considering the trial court’s certification of a class where the damages sought included, among other things, “loss of use of the vehiclé during the time of replacement”).

Hadley v. Chrysler Group LLC, 624 Fed.Appx. 374 (6th Cir. 2015), upon which New GM relies, does not call for a different conclusion. In- Hadley , the plaintiffs *400 alleged injuries “in the form of the diminished value and loss of enjoyment of their vehicle, the cost of having their airbag system diagnosed or repaired, and the expense incurred from having to obtain alternative means of transportation.” Id. at 377 . The Sixth Circuit dismissed the claims on standing grounds because, in relevant part, the plaintiffs had failed to allege that they ever stopped using their vehicle as a result of the defect or repairs. See id, at 378-79. Thus, the Hadley Court did not reach the question of whether a party can recover damages for “lost time” (or, as framed in that case, “lost use”), particularly when a plaintiff can “establish a casual connection” between his or her injuries and the defendant’s misconduct. Id. at 378 . On top of that, this Court previously distinguished Hadley and the other cases relied on by New GM because the plaintiffs in those cases were “seeking declaratory and in-junctive relief for existing defects through a court-ordered recall.” In re Gen. Motors, 2016 WL 3920353 , at *40. By contrast, Plaintiffs here “seek to recover damages from New GM for fraud — not to obtain declaratory and injunctive relief for existing defects.” Id. Accordingly, the Court sees no reason why Plaintiffs (who plainly have standing to sue) should not be entitled to consequential damages if they are able to make out the necessary elements under the applicable state law.

None of this is to say that Plaintiffs in every jurisdiction will be able to recover for “lost time”; there may well be states that do (or would) not recognize “lost time” as a valid theory of damages. Additionally, with respect to jurisdictions that do recognize “lost time” as a valid theory, Plaintiffs may face obstacles to certification of a class. Compare, e.g., In re Myford Touch, 2016 WL 7734558 , at *17 (“Absent a clear model, the Court might be tasked with conducting individualized inquiries into how each class member was harmed, not just into the extent of the harm. [The pjlaintiffs have therefore failed to satisfy Rule 23(b)(3) with respect to them requests for incidental and consequential damages.”), wi th Gunnells v. Healthplan Servs., Inc., 348 F.3d 417, 429-30 (4th Cir. 2003) (“Plaintiffs’ other damages claims — those relating to injury to credit, time lost, and loss of enjoyment of life— may require individualized inquiry. But even considering [pjlaintiffs’ claims against [the defendant] as a whole, we cannot conclude that the district court abused its discretion in finding that at this juncture common issues predominate over the individual issues that may be involved in resolving these claims.”). But those are questions for another day — either in connection with motions for class certification or dis-positive motions examining the laws of each applicable state. For present purposes, it suffices to say that some states do recognize the “lost time” theory of damages alleged by Plaintiffs. It follows that New GM’s motion to dismiss that theory on a categorical basis is denied.

C. The Relevant Time Period for New GM’s Economic Loss Liability

Before turning to New GM’s state-specific arguments, the Court addresses two final issues that affect Plaintiffs in multiple jurisdictions (including jurisdictions beyond those specifically addressed in New GM’s current motion). The first issue is whether Plaintiffs who purchased their vehicles prior to July 10, 2009 — the date on which New GM purchased most of the assets of Old GM as part of the bankruptcy proceedings — can pursue claims for economic loss. 4 New GM contends that they *401 may not, on the ground that any economic injury occurred at the time of sale — prior to New GM’s existence — while Plaintiffs argue that New GM’s own misconduct caused a decrease in the value of their vehicles, independent from any damages caused by Old GM. (Pis.’ Opp’n 23-24). The second issue is whether Plaintiffs who disposed of — that is, sold, traded in, or returned — their vehicles prior to New GM’s announcement of the recalls beginning in 2014 can pursue such claims. New GM asserts these Plaintiffs could not have realized any “diminished value” damages because they did not own any affected GM vehicles at the time of the recall; Plaintiffs contend that New GM’s argument cannot be squared with its own assertion that the relevant point in time for assessment of benefit-of-the-bargain damages is the date of sale. (GM Mem. 22-24; Pis.’ Opp’n 24 n.17).

The Court agrees with New GM on both issues. As discussed at length in the Court’s prior Order (and reaffirmed above in the discussion of the reframed brand devaluation claims), Plaintiffs’ injuries here are limited to the “benefit-of-the-bargain defect theory.” See In re Gen. Motors, 2016 WL 3920353 , at *7-10. That theory holds “that Plaintiffs, who purchased defective cars were injured when they purchased for x dollars a New GM car that contained a latent defect; had they known about the defect, they would have paid fewer than x dollars for the car (or not bought the car at all), because a car with a safety defect is worth less than a car without a safety defect.” Id. at *7. Most relevant here, the theory “does not compensate a plaintiff for a decrease in resale value.” Id. at *10 (emphasis added). Instead, a plaintiff is compensated “for the fact that he or she overpaid, at the time of the sale, for a defective vehicle.” Id. (emphasis added). It follows that Plaintiffs who purchased cars from Old GM suffered an injury before New GM even existed and cannot now recover from New GM for those injuries. Put differently, while New GM’s alleged concealment of the ignition switch defect may have caused economic injury to Plaintiffs who purchased their vehicles after New GM came into existence, it did not cause economic injury to Plaintiffs who purchased their vehicles before; the latter Plaintiffs’ injury, if any, was complete at the time of sale, and thus is not attributable to New GM’s conduct.

That conclusion is consistent with the decisions of courts confronting similar facts. In Hadley , for example, the plaintiffs argued that they had been injured by the diminished value of their vehicles due to New Chrysler’s delay in implementing repairs. See 624 Fed.Appx. at 378 . The Had-ley Court rejected that argument as follows: “New Chrysler did not manufacture the plaintiffs’ vehicle. Old Chrysler did. The plaintiffs have not shown how they suffered diminished-value injuries based on solely on New Chrysler’s delay in repairing the [defect].” Id. Similarly, in In re Old Carco LLC, 492 B.R. 392 (Bankr. S.D.N.Y. 2013), the plaintiffs brought claims against New Chrysler, as the purchaser of Careo LLC’s assets, even though the plaintiffs owned vehicles that had been manufactured and sold by the then-bankrupt Careo. See id. at 395-97 . With respect to the claims of the plaintiffs who had purchased vehicles before New Chrysler acquired Careo, the Bankruptcy Court concluded: “Each purchased a defective vehicle manufactured by Old Careo that requires more servicing and is worth less money. New Chrysler’s failure to warn them that they purchased a defective vehicle manufactured by Old Careo did not proximately cause their economic injury .... ” Id. at 405 . The Bankruptcy Court *402 contrasted those plaintiffs’ situations with the situation of a plaintiff who suffered a personal injury as- a result of a defect that could have warned about at an earlier date. See id. In such a case, the Court reasoned, the failure to warn would have “proximately cause[d]” a plaintiffs subsequent injuries. Id.; see also Holland v. FCA US LLC, 656 Fed.Appx. 232, 240 (6th Cir. 2016) (“Even if FCA had warned the [plaintiffs, nothing would have changed. The only injuries the [plaintiffs allege involve the costs of the repairs, but the [plaintiffs would have needed these repairs irrespective of any warning. The injuries were the result of the defect, not FCA’s failure to warn. Thus, the [plaintiffs have failed to sufficiently allege that FCA’s failure to warn caused their injury to survive a motion for judgment on the pleadings.”).

Plaintiffs’ attempts to distinguish these cases are weak at best. With respect to In re Old Careo, Plaintiffs make much of the fact that the purchasers in that case had knowledge of the design defects, whereas the purchasers here did not. (See Pis.’ Opp’n 27). But that is a distinction without a difference. That is, whether or not Plaintiffs who purchased their vehicles prior to July 10, 2009, knew at the time of their purchase that -a defect existed, they still purchased their vehicles prior to the creation of New GM. Moreover, although Plaintiffs are correct that the defendant-manufacturer had issued several recalls relating to the defect at issue in that case (specifically, a fuel-spit back problem), the plaintiffs there were the owners of particular models and years that had not previously been recalled. See In re Old Carco, 492 B.R. at 395-96, 399 . Plaintiffs seek to distinguish Hadley (and Holland), meanwhile, on the ground, that it did “not involve a massive fraudulent cover-up, but a voluntary recall.” (See Pis.’ Opp’n 27). But again, Plaintiffs do not explain why — even taking that difference as true — a cover-up would render New GM liable for economic injuries .to Plaintiffs who, by their own admission, were harmed by “deprivations] of the benefits of their bargains.” (Id.). Those deprivations took place at the time of sale, and no amount of arm-waving or finger-pointing can change the basic fact that New GM did not exist at that time and thus could not have caused the harm.

Finally, Plaintiffs rely on state-law cases allowing recovery for “diminished value” (see'Pis.’ Opp’n 24-26), but those cases are immaterial." The Court does not take New GM to be arguing that “diminished value” can never be a proper measure of damages. Several of the states at issue here plainly permit recovery, of that sort in some circumstances. See,, e.g., Miller v. William Chevrolet/GEO, Inc., 326 Ill.App.3d 642 , 260 Ill.Dec. 735 , 762 N.E.2d 1, 10 (2001) (“Illinois courts have generally allowed damages claims based on diminished value of a product regardless of whether it has yet malfunctioned, provided the product contains "a manifested defect or current condition affecting value.”); Parkway Co. v. Woodruff, 901 S.W.2d 434, 441 (Tex. 1995) (“Diminution in value does not duplicate the cost of repairs if the diminution is calculated based on a comparison of the original value of the property and the value after repairs are made.” (emphasis omitted)). But none of the-cases cited by Plaintiffs addresses the real issues here: whether “diminished value” damages occur at or after the time of sale and, relatedly, whether an entity that did not exist when the product was sold can be held liable'for such damages. See, e.g., Franklin Corp. v. Prahler, 91 A.D.3d 49 , 932 N.Y.S.2d 610 , 616 (2011) (holding that a plaintiff should be able “to recover the cost of [ ] diminution in value” where that diminution was caused “by the negligence of the defen dant” (emphasis added)). Thus, the Court relies on the reasoning in its prior Opinion and the authority of Hadley, Holland, and *403 In re Old Carco to conclude that the claims of all Plaintiffs who bought their vehicles prior to entry of the Sale Order on must be dismissed. 5

This brings the Court to the final non-state-specific issue: New GM’s contention that economic loss claims brought by Plaintiffs who sold, traded-in, or returned their vehicles prior to the announcement of the recalls must also be dismissed. (GM Mem. 23-24). Plaintiffs’ respond solely by saying “this argument flatly contradicts New GM’s argument that only the point of sale is relevant.” (Pls.’ Opp’n 24 n.17). But the Court takes New GM to be arguing that, even under Plaintiffs’ theory, those who disposed of their vehicles before the recall could not have realized any “diminished value” because they did not own the defective vehicles when the recalls were announced. If so, the Court agrees. Crucially, though, New GM’s point is limited to economic loss damages. In all likelihood, a plaintiff who resold her car before the recall suffered no economic loss damages, as the then-unknown defect could not have affected the resale price. See, e.g., Avery v. State Farm Mut. Auto. Ins. Co., 216 Ill.2d 100 , 296 Ill.Dec. 448 , 835 N.E.2d 801, 859-60 (2005) (finding no actual damages where the plaintiff sold his vehicle for fair market value prior to any public knowledge that certain parts were of inferior quality).

That said, for reasons not discussed by the parties, it does not necessarily follow that the claims of all such Plaintiffs must be dismissed in their entirety. In theory, a plaintiff who purchased her car after the Sale Order, but sold it before the recall was announced, could still plead and prove damages in the form of out-of-pocket expenses and lost time. For instance, Lisa McClellan, who purchased her car on November 22, 2010, but returned the car to the dealership prior to the announcement of the recalls, alleges that her car “shut off while she was driving at least fifty or sixty times” in the year and a half that she owned it, requiring her to take it to “the service repair shop often.” (FACC ¶ 275). McClellan further alleges that “[s]he suffered economically because of the vehicle,” presumably because of the need for frequent repairs. (Id.). By contrast, Greg Theobald — the only other Plaintiff who purchased a vehicle from New GM but traded in the car prior to the recalls — does not allege paying for any defect-related repairs or suggest that the defect, even if not announced, had any impact on the amount he received for the car. Accordingly, New GM’s motion to dismiss is denied with respect to McClellan and granted with respect to Theobald. Plaintiffs, however, are granted leave to amend to the FACC to allege other damages incurred by Theobald, if any. 6

*404 D. State Law Claims

The Court turns, then, to Plaintiffs’ state claims, which sound in consumer fraud, common law fraud, warranty law, unjust enrichment, and negligence. As noted, Plaintiffs bring claims under the laws of all fifty states and the District of Columbia, but this motion deals with claims under the laws of only eight jurisdictions: Alabama, Illinois, Massachusetts, Michigan, New York, Pennsylvania, Texas, and Wisconsin. In their briefs, the parties largely addressed these claims together on an issue-by-issue basis. By contrast — and despite the repetition it entails — the Court will address each claim with respect to each jurisdiction separately, as subtle differences in state law can compel different results for plaintiffs in different jurisdictions. By and large, however, Plaintiffs’ consumer fraud, common law fraud, and implied warranty claims survive, but their unjust enrichment claims fail.

1. Alabama

In light of the Court’s rulings above and the Order of June 16, 2017, the only remaining Alabama Plaintiff for purposes of this motion is Valeria Glenn. Glenn owns a 2006 Pontiac Solstice, which she purchased used on February 23, 2013, and which was subject to the Delta Ignition Switch recall. (Id. ¶ 47). Glenn’s car experienced a shutdown event once while she was driving, and her steering wheel also locked up. (Id.). Glenn had her car’s ignition switch replaced in April 2014 pursuant to the recall. (Id.). She brings claims under the Alabama Deceptive Trade Practices Act (“ADTPA”), Ala. Code § 8-19-1 , et seq. (FACC ¶¶ 1123-1148); for fraudulent concealment (id. ¶¶ 1149-1162); and for unjust enrichment (id. ¶¶ 1185- 1195). The Court will address each of these claims in turn. 7

a. The ADTPA

Glenn’s first claim arises under the ADTPA (see FACC ¶¶ 1123-1148), which provides a remedy for certain “unlawful trade practices.” Ala. Code § 8-19-5 . Before addressing the substance of Glenn’s claim under the statute, however, the Court must address a threshold issue raised by New GM — namely, that the “savings clause” of the ADTPA precludes Glenn’s claim outright. (See GM Mem. 45-46). That provision provides:

The civil remedies provided herein and the civil remedies available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression of material facts or fraudulent concealment are mutually exclusive. An election to pursue the civil remedies prescribed in this chapter shall exclude and be a surrender of all other rights and remedies available at common law, by statute or otherwise. ... An election to pursue any civil remedies available at common law ... arising out of any act, occurrence or transaction actionable under this chapter shall exclude and be a surrender of all rights and remedies available under this chapter.

Ala. Code § 8 — 19—15(a)—(b). In light of that language, Glenn wisely concedes that she *405 “cannot ultimately proceed under both the Alabama DTPA and the common law of fraud by concealment.” (Pis.’ Opp’n 44). But New GM goes one step further and argues that, by pleading a common law fraud claim, Glenn “procedurally waived” any claim under the ADTPA and that the statutory claim should therefore be dismissed. (GM Mem. 46).

There is a split of authority on the ques- • tion of whether a plaintiff can plead claims under both the ADTPA and common law— that is, on whether a plaintiff must make her “election” under the savings clause at the pleading stage or may wait. Compare Holmes v. Behr Process Corp., No. 15-CV-0454 (WMA), 2015 WL 7252662 , at *2-3 (N.D. Ala. Nov. 17, 2015) (dismissing the plaintiffs ADPTA claim on the ground that she had “procedurally waived” it by pleading common law fraud claims), with Barcal v. EMD Serono, Inc., No. 14-CV-1709 (MHH), 2016 WL 1086028 , at *5 (N.D. Ala. Mar. 21, 2016) (denying a motion to dismiss an ADPTA claim on the ground that while the “ADPTA’s savings clause would preclude [the plaintiff] from ultimately obtaining relief under both the ADPTA and her common law claims,” she was permitted to plead both), and Collins v. Davol, Inc., 56 F.Supp.3d 1222 , 1227 n.2 (N.D. Ala. 2014) (similar). In the Court’s view, the courts permitting both claims at the pleading stage have the better of the argument. First, although the plain language of the savings clause requires a plaintiff to elect one or the other remedy, it does not specify when in the proceedings the plaintiff must do so. 8 Second, although the options are “mutually exclusive,” the provision explicitly- allows a plaintiff to elect either of the two kinds of remedy. See, e.g., Cheminova Am. Corp. v. Corker, 779 So.2d 1175, 1183 (Ala. 2000) (noting that “the Act specifically states that consumers are not prohibited from seeking redress under the common law or under other statutes for conduct that could be redressed under the Act”). Thus, it makes no more sense to say that a plaintiff who pleads both kinds of claims has “procedurally waived” her claim under the ADPTA than to say that she has propedurally waived her claims under the compon law.

Finally, Rule 8(d)(3) of the Federal Rules of Civil Procedure — which applies in this forum — “allows parties to plead alternative, even inconsistent, theories.” Barcal, 2016 WL 1086028 , at *5; see Fed. R. Civ. P. 8(d)(3) (“A party ipay state as many separate claims or defenses as it has, regardless of consistency.”). Relying on Holmes, New GM contends that Rule 8(d)(3) does not apply because it would “improperly enlarge [Glenn’s] substantive rights, violating the Rules Enabling Act” and the rule established in Erie R. Co. v. Tompkins, 304 U.S. 64 , 58 S.Ct. 817 , 82 L.Ed. 1188 (1938) (GM Reply 22), but the Court is unpersuaded. Allowing Glenn to recover on her ADPTA claim and her common law fraud claim would obviously enlarge her substantive rights contrary to the language of the Act’s savings clause. But the right to plead alternative) or even inconsistent, claims is not a matter of sub *406 stance; it is a quintessential matter of procedure. In short, while Glenn will — at some point — need to make an “election” to pursue either her ADPTA claim- or her common law fraud claims, the' Court will not require her" to do so now, let alone dismiss either kind of claim on the dubious ground that it was “procedurally-waived.”

Turning to the merits of Glenn’s ADTPA claim, to the extent relevant here, the statute makes it unlawful to represent “that goods or services have ... benefits[] or qualities that they do not have,” Ala. Code § 8-19-5 (5); to represent “that goods or services are of a particular standard, quality, or grade,” id. § 8-19-5(7); or to engage “in any other unconscionable, false, misleading, or deceptive act or practice in the conduct of trade or commerce,” id. § 8-19-5(27). Alabama case law “interpreting the scope of the specific unlawful trade practices described in [the Act]” is scant, but the “entire statutory scheme” makes clear that the Act’s provisions “are designed to have limited application, and are intended to replace the common law and statutory actions for fraud only in specifically designated situations.” Sam v. Beaird, 685 So.2d 742, 744 (Ala. Civ. App. 1996). While the ADPTA does not “explicitly mak[e] the concealment or omission of a material fact unlawful,” the Act’s “catch-all” provision makes it unlawful to engage “in any other ... deceptive act or practices.” Reid v. Unilev er U.S., Inc., 964 F.Supp.2d 893, 915-16 (N.D. Ill. 2013) (quoting Ala. Code. § 8-19-5(27)). Thus, a plaintiff may base an ADPTA claim on an “alleged concealment, suppression, or omission.” Id. at 916. In doing so, however, the plaintiff must show “some knowledge of false or deceptive conduct on the part of the wrongdoer.” Beaird, 685 So.2d at 744 ; see also, e.g., Lynn v. Fort McClellan Credit Union, No. 11-CV-2904 (VEH), 2013 WL 5707372 , at *7 (N.D. Ala. Oct. 21, 2013) (dismissing ADPTA claim for failure to show “any intent by [the defendant] to deceive” the plaintiff). Further, where, as here, an ADPTA claim sounds in fraud, the plaintiff must satisfy Rule 9(b). Reid, 964 F.Supp.2d at 916 .

' Glenn’s ADPTA claim is sufficient to satisfy the heightened pleading requirements of Rule 9(b). Glenn’s car was subject to the Delta Ignition Switch recall (FACC ¶ 47), and New GM tacitly concedes that the consumer protection claims of Delta Ignition Switch Plaintiffs in every state (except Wisconsin, which the Court addresses below) are sufficiently pleaded to the extent that they rest on alleged omissions as opposed to misrepresentations. (S ee GM Mem. 35-38: Pls.’ Opp’n 35 n.28). Glenn’s claim easily survives bn that basis alone, but it also passes the Rule 9(b) test to the extent it rests on alleged misrepresentations. (Se e FACC ¶¶ 1135, 1137 (alleging affirmative misrepresentations)). 9 *407 With respect to the Delta Ignition Switch defect in particular, Plaintiffs allege many misrepresentations made by New GM in nationwide advertisements and reports about the safety and reliability of their vehicles; Plaintiffs also offer a slew of evidence showing that New GM knew about (or should have known about) the Delta Ignition Switch defect from the time of its inception. (See FACC ¶¶ 336-472). The Court previously found allegations less robust than these to be “just enough to cross the Rule 9(b) line,” even though the plaintiff had not alleged “any specific misrepresentations” that she relied on pri- or to purchasing her vehicle. In re Gen. Motors, 2016 WL 3920363 , at *26. Other courts have done much the same. See, e.g., In re Takata Airbag Prod. Liab. Litig., No. 14-CV-24009 (FAM), 2016 WL 5844872 , at *3 (S.D. Fla. June 20, 2016) (finding an ADPTA claim to be sufficient under Rule 9(b) where the plaintiffs had alleged that Subaru misrepresented in its brochures and on its website that its airbags were safe and reliable); Glenn v. Hyundai Motor Am., No. SA 15-CV-2052 (DOC), 2016 WL 3621280 , at *13 (C.D. Cal. June 24, 2016) (similar). It follows that New GM’s motion to dismiss Glenn’s ADP-TA claim must be and is denied.

b. Fraudulent Concealment

In addition to her consumer fraud claim, Glenn also brings claims for common law fraudulent concealment (sometimes referred to as “suppression” under Alabama law). (See FACC ¶¶ 1149-1162). To prevail, Glenn must show: “(1) a duty on the part of the defendant to disclose facts; (2) concealment or nondisclosure of material facts by the defendant; (3) inducement of the plaintiff to act;' [and] (4) action by the plaintiff to his or her injury.” Parsons & Whittemore Enters. Corp. v. Cello Energy, LLC, 613 F.Supp.2d 1271, 1288 (S.D. Ala. 2009) (quoting Freightliner, LLC v. Whatley Contract Carriers, LLC, 932 So.2d 883, 891 (Ala. 2005)). Here, whether Glenn pleads a plausible claim of fraudulent concealment turns on whether New GM owed her a duty. (See FACC ¶¶ 1155-1159). Under the statute, a' duty to disclose arises if there is a confidential relationship between the parties or where the “particular circumstances” of the case mandate disclosure. Ala. Code 1975 § 6-5-102; see also Parsons, 613 F.Supp.2d at 1288 ; Freightliner, 932 So.2d at 891 . Glenn does not allege, nor could she allege, any confidential'relationship or fiduciary duty on the part* of New GM. Instead, the viability of her claim turns on whether the particular circumstances here required disclosure.

Courts look to several factors in determining whether the particular circumstances of a case required disclosure: “(1) the relationship of the parties; .(2) the relative knowledge of the parties; (3) the value of the particular fact; (4) the plaintiffs’ opportunity to ascertain the fact; (5) the customs of the trade; and (6) other relevant circumstances.” Freightliner, 932 So.2d at 891 (internal quotation marks omitted). Of particular relevance here, one of the “other relevant circumstances” is whether a defendant has made any “affirmatively false statements.” In re Takata Airbag Prod. Liab. Litig., 193 F.Supp.3d 1324, 1337 (S.D. Fla. 2016) (internal quotation marks omitted); see also Freightliner, 932 So.2d at 895 (holding that, where a defendant does not. have a duty to speak but chooses to speak “either voluntarily or in response to inquiry, he is bound not only to state the truth but also not to suppress or conceal any facts within his knowledge which will materially qualify those statements,” that is, “if he speaks at all, he must make a full and fair disclosure” (internal quotation marks omitted)).

The decision in In re Takata is particularly illustrative here, The plaintiffs there *408 sought to recover economic losses from Mazda for having knowingly installed Ta-kata-brand airbags filled with ammonium nitrate — a propellant highly prone to instability and explosions — in several models of Mazda cars. See 193 F.Supp.3d at 1335 . Mazda moved to dismiss the plaintiffs’ Alabama fraudulent concealment claim, arguing it had no duty to disclose because the cars had been purchased from third parties. See id. at 1336-37 . The In re Takata Court disagreed, finding that Mazda had a duty to disclose the alleged defect arising out of the company’s decision to “[make] incomplete representations about the safety and reliability of the Class Vehicles, while purposefully withholding material facts from [p]laintiffs that contradicted these representations.” Id. at 1337-38 (internal quotation marks omitted). The Court pointed in particular to information in brochures and on Mazda’s website discussing its cars’ superior performance and safety features. See id.

Glenn’s allegations are quite similar to the allegations made by the plaintiffs in In re Takata. She plausibly alleges that New GM knew of ignition switch-related defects by late 2009 or early 2010 and (at least arguably) took steps to conceal those defects — for example, by instructing New GM employees not to use terms that could alert the National Highway Traffic Safety Administration (“NHTSA”) or the public to the existence of a safety issue. (FACC ¶¶42, 1024, 1156). 10 Further, these facts were plainly of “high value,” and there is no suggestion that Glenn had an opportunity to ascertain them on her own. {See id. ¶¶ 736-47, 752-54, 785,1131). Most relevant, Glenn alleges that New GM made repeated statements concerning the safety of its vehicles and the company’s focus on safety standards. (See id. ¶¶ 336-424 (providing several specific examples)). A defendant that has chosen speak voluntarily cannot “suppress or conceal any facts within his knowledge which will materially qualify those stated.” Freightliner, 932 So.2d at 895 (emphasis omitted).

In arguing otherwise, New GM points to Mason v. Chrysler Corp., 653 So.2d 951 (Ala. 1995), in which the Alabama Supreme Court held that plaintiffs who purchased cars advertised to be “smooth-riding,” which actually vibrated when driving at high speeds, could not make out a claim for fraudulent suppression because their “contacts with Chrysler Corporation consisted primarily of their viewing national advertisements before they purchased the vehicle and their presenting the vehicle for repair.” Id. at 955 ; see also McGowan v. Chrysler Corp., 631 So.2d 842, 847 (Ala. 1993) (finding the plaintiff “failed to present substantial evidence that [Chrysler] had a duty to disclose to him the problems with the Fifth Avenue line of cars” for similar reasons); DaimlerChrysler Corp. v. Morrow, 895 So.2d 861, 866 (Ala. 2004) (affirming dismissal on summary judgment where the plaintiff had alleged merely that Chrysler had a duty to disclose “certain similar problems that had occurred in other Dodge Ram trucks like his,” without more specific allegations). Notably, however, the cases upon which New GM relies were all decided at the summary judgment stage rather than motion to dismiss stage, and none involved specific evidence that the defendant “knowingly or actively concealed from [the plaintiff] its knowledge of the” defects. McGowan, 631 So.2d at 848 . Accordingly, the Court concludes that *409 Glenn, like the plaintiffs in In re Takata, plausibly alleges that New GM had a duty to disclose under the particular circumstances of this case. See In re Takata, 193 F.Supp.3d at 1338 (“At the motion to dismiss stage, because Plaintiffs have alleged that Mazda made these incomplete statements, the Court finds Plaintiffs have sufficiently alleged Mazda had a duty to disclose additional facts about the safety of its vehicles.”)- As that was the only disputed element of her fraudulent concealment claim, New GM’s motion to dismiss that claim is denied.

c. Unjust Enrichment

Finally, Glenn brings an unjust enrichment claim. (See FACC ¶¶ 1185— 1195). To prevail on a claim for unjust enrichment under Alabama law, “the plaintiff must show that the defendant holds money which, in equity and good conscience, belongs to the plaintiff or holds money which was improperly paid to the defendant because of mistake or fraud.” Scrushy v. Tucker, 955 So.2d 988, 1011 (Ala. 2006) (internal quotation marks and emphases omitted). “A defendant cannot be unjustly enriched if it does not have in its possession any money belonging to the plaintiff.” RREF RB-AL SLDL, LLC v. Saxon Land Dev., 968 F.Supp.2d 1133, 1141 (M.D. Ala. 2013). That requirement is fatal to Glenn’s claim, as she purchased her vehicle used from Southtown Motors, a non-GM dealership. (FACC ¶ 47). Accordingly, the Court “cannot reasonably infer from the facts alleged that [New GM] ever held any money belonging to [Glenn].” In re Takata, 193 F.Supp.3d at 1342 . In any event, “unjust enrichment is an equitable remedy which issues only where there is no adequate remedy at law.” Univalor Trust, SA v. Columbia Petroleum, LLC, 315 F.R.D. 374, 382 (S.D. Ala. 2016); see also N. Assur. Co. of Am. v. Bayside Marine Const., Inc., No. 08-CV-222 (KD), 2009 WL 151023 , at *4 (S.D. Ala. 2009) (“Alabama law makes clear that unjust enrichment is an equitable remedy only to be invoked where there is no available remedy at law.”); Pearson’s Pharm., Inc. v. Express Scripts, Inc., 505 F.Supp.2d 1272, 1278 (M.D. Ala. 2007) (dismissing an unjust enrichment claim with prejudice because a party had an adequate remedy at law for damages under a theory of breach of contract). Here, Glenn has adequate remedies at law insofar as she purchased her car under warranty (FACC ¶ 47), and brings claims for the same damages under the ADPTA and for common law fraudulent concealment. Accordingly, New GM’s motion to dismiss Glenn’s unjust enrichment claims must be granted.

2. Illinois

The remaining Illinois Plaintiffs for purposes of this motion are Susan Benner, Debra Cole, Charlene Kapraun, Patrick Painter, and Cliff Redmon. Benner owned a 2007 Pontiac G5 that she bought as a certified pre-owned vehicle on August 22, 2011, which was subject to the Delta Ignition Switch recall. (FACC ¶ 115). Cole owned a 2004 Chevrolet Impala, which she purchased used in August 2009, and which was subject to the Low Torque Ignition Switch recall. (Id. ¶ 117). Kapraun owns a 2008 Chevrolet Impala, which she bought used from a private seller on May 27,2011, and which was also subject to the Low Torque Ignition Switch recall. (Id. ¶ 119). Painter owns a 2010 Chevrolet Cobalt SS that he purchased new in April 2010, which was subject to the Delta Ignition Switch and Power Steering recalls. (Id. ¶ 122). Finally, Redmon owned a 2010 Chevrolet Camaro that he purchased new in the spring of 2010, which was subject to the Knee-to-Key Ignition Switch recall. (Id. ¶ 123).

Benner’s car’s ignition switch was difficult to turn on and, since it was repaired *410 as part of the Delta Ignition Switch- recall on August 6,- 2014, the steering- wheel of her -car now vibrates — an issue that has yet to be fixed, by the dealership. (Id. ¶ 115). Cole's car would sometimes not start, despite, turning the ignition key; she ultimately received a recall notice for the Low Torque Ignition Switch recall in 2014. (7cZ. ¶ 117). In April 2014, however, she sold the vehicle due to ignition switch and other issues. (Id.). Kapraun’s vehicle never manifested any defect, although it was subject to the Low Torque Ignition Switch recall, for which she received a recall notice on July 6, 20151 (Id. ¶ 119). Painter’s power steering failed in April 2011, but he had his car repaired under warranty. (Id.% 122). In October 2011, the ignition switch cylinder had to be replaced because the car would not turn off and the key could not be removed from the ignition. He did not learn about the recalls until 2014, however. (Id.). Finally, twice while Redmon was backing out of his driveway, his car shut down. (Id-¶ 123). Although he never received a recall notice, the dealership told him it needed to repair the ignition switch when he went in for an oil change. .After the repair, the car’s remote fob- no longer worked properly. (Id.). In January 2015, Redmon traded in his car. (Id.). The Illinois Plaintiffs bring claims under the Illinois Consumer Fraud and Deceptive Business Practices Act (“ICFA”), 815 ILCS 505/1 et seq. & 720 ILCS 295/1A (FACC ¶¶ 2772-2796); for fraudulent concealment (id. ¶¶ 2797-2810); and for unjust enrichment (id. ¶¶ 2833-2843). The Court will address each of these claims in turn. 11

a. The ICFA

The ICFA “prorides a remedy for ‘unfair methods of competition and unfair or deceptive acts or practices’ in specific commercial transactions.1” Greenberger v. GEICO Gen. Ins. Co., 631 F.3d 392, 399 (7th Cir. 2011) (quoting 815 Ill. Comp. Stat. 505/2). Specifically, the statute prohibits “unfair methods of competition and unfair or deceptive acts or practices, including but not limited to the use or employment of any deception, fraud, false pretense, false promise, misrepresentation, or the concealment, suppression or omission of any material fact.” 815 Ill. Comp. Stat. 505/2. To state a claim under the ICFA, a plaintiff must show: “(1) a deceptive act or practice by defendant; (2) defendant’s intent that plaintiff rely on the deception; and (3) that the deception occurred in the course of conduct involving trade and commerce.” Connick v. Suzuki Motor Co., 174 Ill.2d 482 , 221 Ill.Dec. 389 , 675 N.E.2d 584, 593 (1996); see also Reid, 964 F.Supp.2d at 912 . Where an ICFA claim is based on concealment, a plaintiff must also “establish that the fact concealed was known to the seller at the time of concealment.” Chevrolet/GEO, Inc., 260 Ill. Dec. 735 , 762 N.E.2d at 14 . By. contrast, “even innocent misrepresentations , can support .liability.” Id.. Finally, claims sounding in fraud under the ICFA are subject to the heightened pleading standards of Rule 9(b). See, e.g., Greenberger, 631 F.3d at 399 .

With those standards in mind, the Court will address each of the remaining Illinois Plaintiffs’ claims. First, Benner’s claim — based on the Delta Ignition Switch recall (FACC ¶ 115) — requires little discussion. , New GM does not contest that Plaintiffs bringing claims relating to the Delta Ignition Switch recall on a concealment, theory satisfy Rule 9(b). And Plaintiffs plainly allege a “deceptive act” (or, *411 rather, acts) on the part of New GM that occurred in the course of commerce and that led them (including Benner) to either purchase a vehicle that they otherwise would not have or pay more for the vehicle. (See id. ¶¶ 2772-2796). Thus, for the reasons discussed above with respect to Glenn’s claim, Benner’s ICPA claim survives, in both its concealment and misrepresentation forms. See, e.g., Connick, 221 Ill.Dec. 389 , 675 N.E.2d at 594-95 (upholding an ICFA claim where the plaintiffs alleged that Suzuki represented “that the Samurai had special safety features to protect passengers in a rollover accident” when “this information was false since the Samurai had improper side-door strength and roof-crush resistance” and “Suzuki undoubtedly knew that many prospective purchasers would read the review”).

The next two Plaintiffs, Cole and Kapraun, purchased vehicles subject to Low Torque Ignition Switch recalls. (See Pis.’ Opp’n 4; GM Mem., Ex. 2 (“Recall Chart”), at 2). Specifically, Cole’s car was subject to the June 2014 recall for an Inadvertent Key Rotation Defect (Recall Chart 2), and Kapraun’s car was subject to the July 2014 recall for a Slotted Key Defect. (Id.). In simple terms, these defects both involved low torque ignition switches that could inadvertently move out of the run position (due to road conditions or weighted key chains), leading to a loss of power and loss of critical safety systems, including the airbags. (See FACC ¶¶ 562-655; GM Mem. 3-4, 5-6). As with the Delta Ignition Switch recall, New GM does not contest that Plaintiffs bringing claims relating to the Low Torque Ignition Switch recalls on a concealment theory generally satisfy Rule 9(b). Instead, New GM takes aim at Plaintiffs’ claims to the extent that they rest on the concealment of a “defective process” through which New GM built vehicles. (GM Mem. 39; see FACC ¶2777 (alleging the unlawful concealment of defects as well as a “defective process” that included “cost-cutting, minimizing the importance of safety issues, siloing, the depletion of resources devoted to recognizing and studying safety issues, etc.”)). New GM claims that the FACC contains “no facts regarding a defective manufacturing ‘process’ aside from allegations relating to the Delta- Ignition Switch vehicles.” (GM Mem. 39 (citation omitted)). Belatedly, it contends that the “allegation — that Delta Ignition Switch defects harmed owners of'all recalled vehicles— attempts to resurrect the ‘brand devaluation’ theory.” (Id. (citation omitted)).

If Plaintiffs were bringing free-floating “defective process” claims — that is, untethered to actual' defects' in particular vehicles — the Court would be inclined to agree with New GM that" the claims' would amount to little more than rebranded brand devaluation claims. But the Court does not understand that to be what Plaintiffs allege. Instead, the “defective process” allegations are more accurately viewed as an extension of, or gloss on, Plaintiffs’ concealment claims- as to particular defects. (See Pis.’ Opp’n 39-40). And contrary to New GM’s contentions, the “defective process” allegations are not limited to Delta Ignition Switch vehicles. Indeed, the FACC includes extensive allegations regarding New GM’s prioritization of cost-cutting over safety, contributing to a culture that allowed for all of the alleged defects to occur and remain concealed. (See FACC ¶¶ 772-821). These allegations include references to company-wide practices that were applied to both the Delta Ignition Switch and non-Delta Ignition Switch defects. For- example, when evaluating-whether to re-mail special bulletins regarding several known defects (including but not limited to the Delta Ignition ■Switch defect), a New GM director expressed concern that doing so would “drive a lot of cost and [would] create part issues.” (Id. ¶ 784). Additionally, New. GM *412 instructed employees company-wide to refrain from using words such as “dangerous,” “defect,” and “safety-related” — instructions that plausibly (perhaps, likely) led to the concealment of defects beyond the Delta Ignition Switch. (See, e.g., id. ¶¶ 803-810). Finally, the FACC alleges that New GM was aware of the particular defects affecting Cole’s and Kapraun’s cars from its inception (see id. ¶¶ 522-597), buidas with the Delta Ignition Switch defect — failed to promptly address or recall those vehicles. Taken together, then, the Court concludes that Cole and Kapraun (and the other non-Delta Ignition Switch plaintiffs, including Redmon and Painter) sufficiently allege a “defective process” at New GM that would have been material to a reasonable consumer and could have contributed to concealment of all of the alleged defects, not just the Delta Ignition Switch.

Next, New GM argues that Red-mon’s ICFA claim must be dismissed in its entirety because he cannot show that New GM was aware of the Knee-to-Key Bump defect (also referred to as the “Camaro Ignition Key Bump” defect) prior to his purchase of a Chevrolet Camaro. (See GM Mem. 41; FACC ¶ 123). The Court agrees. Plaintiffs allege that NHTSA received “numerous complaints of power failures in 2010-2014 Camaros,” starting “as early as January 2010, months after New GM’s formation.” (FACC ¶ 665; id. ¶¶ 669-783 (listing examples)). The only specific examples Plaintiffs allege, however, are (1) an undated complaint involving a model year 2010 car (see id. ¶ 666); (2) two complaints in May 2010 (see id. ¶¶667, 669); and (3) complaints between October 2012 and May 2014. (See id. ¶ 670). The problem for Red-mon is that the FACC is conspicuously vague about the specific date on which he purchased his car, describing it only as “in spring 2010” (id. ¶ 123) — a date that could be before or after the complaints in May 2010 and is obviously before the complaints in October 2010 and later. Thus, it is unclear whether any of the NHTSA complaints had been filed before Redmon’s car purchase. As the NHTSA complaints are the sole basis upon which Plaintiffs allege New GM’s knowledge of the Cama-ro Ignition Key Bump defect, it follows that Plaintiffs do not allege facts giving rise to a “strong inference” of New GM’s “actual knowledge.” Lemer, 459 F.3d at 290-93 . Thus, Redmon’s ICFA claim is dismissed, albeit with leave to amend in the event that he can cure the Rule 9(b) problem. See Official Publ’ns, Inc. v. Kable News Co., 884 F.2d 664 , 669 (2d Cir. 1989) (“[W]here [a] complaint is deficient under Rule 9(b), leave to amend is usually afforded.”).

Finally, New GM challenges Painter’s ICFA claim relating to the Power Steering defect on a similar ground— namely, that New GM did not know about the defect when Painter purchased his new 2010 Chevrolet Cobalt SS in April 2010. (GM Mem. 43-44; FACC ¶ 122). With respect to that defect, Plaintiffs allege that New GM knew “[f]rom the date of its inception” that “Old GM began receiving customer complaints regarding loss of power steering” in several car models as early as 2003. (Id. ¶ 753). Moreover, in 2010, “New GM first recalled MY 2005-2010 Chevy Cobalts” for these power steering issues. (Id. ¶755). Significantly, however, Plaintiffs do not allege when in 2010 this recall occurred. 12 If the recall occurred before Painter purchased his car *413 in April 2010, then his ICFA claim would necessarily fail because — at the time of his alleged injury — he could not show that New GM was deceptively concealing the defect or that his damages were “proximately caused” by any deception. Dubey v. Pub. Storage, Inc., 395 Ill.App.3d 342 , 335 Ill.Dec. 181 , 918 N.E.2d 265, 277 (2009). By contrast, if the recall occurred relatively soon after Painter’s purchase, it would be reasonable to infer — on the basis of the complaints that Old GM had received and the fact that there is inevitably a delay between discovery of a defect and announcement of a recall relating to that defect, taken together — that New GM knew of the alleged defect at the time of the purchase.

Accordingly, New GM’s motion to dismiss Painter’s ICFA claim is granted to the extent that it pertains to the Power Steering defect. Notably, though, Painter’s car was also subject to the Delta Ignition Switch recall (FACC ¶ 122) — as to which his claim survives for the reasons stated above. In any event, assuming the 2010 power steering recall of 2010 Chevy Co-balts was initiated after Painter purchased his car in April 2010, he is granted leave to amend his ICFA claim with respect to the Power Steering defect. Additionally, for the reasons stated above, New GM’s motion is also granted with leave to amend as to Redmon. With respect to the other Illinois Plaintiffs’ ICFA claims, New GM’s motion is denied.

b. Fraudulent Concealment

The Illinois Plaintiffs also bring claims for common law fraudulent concealment. (S ee FACC ¶¶ 2797-2810). To state a claim for fraudulent concealment under Illinois law, a plaintiff must “allege that the defendant concealed a material fact when he was under a duty to disclose that fact to plaintiff.” Connick v. Suzuki Motor Co., 174 Ill.2d 482 , 221 Ill.Dec. 389 , 675 N.E.2d 584, 593 (1996). In Connick , the Illinois Supreme Court held that “[a] duty to disclose a material fact may arise out of several situations.” Id. The Gourt then described two:

First, if plaintiff and defendant are in a fiduciary or confidential relationship, then.defendant is under a duty to disclose all material facts. Second, a duty to disclose material facts may arise out of a situation where plaintiff places trust and confidence in defendant, thereby placing defendant in a position of influence and superiority over plaintiff. This position of superiority may arise by reason of friendship, agency, or experience.

Applying that Standard, the Connick Court affirmed dismissal of claims much like those here — namely, claims for economic losses resulting from an alleged vehicle defect that.had been concealed by the manufacturer. See id. As the Court explained, because “the complaint merely alleged that plaintiffs had purchased [their cars] from .an authorized Suzuki dealer, and that Suzuki manufactured and distributed [those cars],” the plaintiffs had not “sufficiently. allege[d] that they were in a confidential or fiduciary, relationship with Suzuki, or that Suzuki.was in a-position of superiority over them.” Id., 221 Ill.Dec. 389, at 593 . “Without such allegations,” the Court concluded, “plaintiffs’ complaint did not allege a duty to disclose material facts which could give rise to a claim for common law fraudulent concealment." Id.; see also Chevrolet/GEO, Inc., 260 Ill.Dec. 735 , 762 N.E.2d at 13-14 (affirming dismissal of a fraudulent concealment claim brought by a consumer against a car dealer on the ground that, “[b]arring additional facts, the arms-length transaction that occurred between [the consumer] and [car dealer] did not: give rise to a confidential relationship sufficient to impose a general duty of disclosure under the fairly rigorous principles of common law”).

*414 New GM argues that, the Illinois Plaintiffs cannot meet the standard set forth in Connick , (GM Mem. 52-53). That may well be true, but other courts have held that, under Illinois law, there are “means of establishing a duty to speak” separate and apart from proving a “special or fiduciary relationship” of the sort discussed in Connick. Allstate Ins. Co. v. Regions Bank, No. 14-CV-067 (WS), 2015 WL 4073184 , at *12 (S.D. Ala. July 2, 2015). Specifically, even without evidence of “direct contact,” a plaintiff may also “establish a duty to speak for fraudulent concealment purposes in situations where (i)'a defendant’s acts contribute to plaintiff’s misapprehension of a material fact and defendant fails to correct it or (ii) the defendant’s silence is accompanied by deceptive conduct.” Id.; accord Greene v. Mizuho Bank, Ltd., 206 F.Supp.3d 1362 , 1375-77 (N.D. Ill. 2016); PXRE Reinsurance Co. v. Lumbermens Mut. Cas. Co., 342 F.Supp.2d 752, 757 (N.D. Ill. 2004); see also, e.g., Miner v. Fashion Enters., 342 Ill.App.3d 405 , 276 Ill.Dec. 652 , 794 N.E.2d 902, 917 (2003) (“Mere silence does not amount to fraud. However, silence accompanied by deceptive- conduct or suppression of a material fact can give rise to concealment and the party which has concealed information is then under a duty to speak.”).

Additionally, although not cited by Plaintiffs, at least two courts have held in circumstances similar to those presented here that a manufacturer of cars (or car parts) owed a duty to consumers under Illinois law to disclose “safety defects.” In re Volkswagen Timing Chain Prod. Liab. Litig., No. 16-CV-2765 (JLL), 2017 WL 1902160 , at *20 (D.N.J. May 8, 2017) (“Plaintiffs here have specifically .pled that the defect in the Timing Chain System created safety concerns, and, despite [defendant’s knowledge of the defect and the safety concerns associated with the same, [defendant chose not to disclose the defect to [plaintiffs. Hence, .[defendant had a duty to disclose the defect under ... Illinois .., law .... ” (citation omitted)); see also In re Takata Airbag Prod. Liab. Litig., No. 14-CV-24009, 2017 WL 2406711 , at *5 (S.D. Fla. June 1, 2017) (“In many states, a fraudulent concealment claim requires that the defendant have a duty to disclose, facts. ... [A] direct relationship is not required to create a duty to disclose— other special circumstances can suffice. .., [B]ecause [the plaintiffs allege that Takata made incomplete representations, the Court finds that [p]laintiffs sufficiently allege that Takata had a duty to disclose additional facts about the safety of its airbags.”). Here, Plaintiffs allege that New GM had a duty to disclose the defects “because it made many affirmative representations about the safety, quality, and lack of defects in New'GM vehicles ..., which were misleading, deceptive, and incomplete” absent disclosure of the whole truth. (FACC ¶ 2804); these allegations— along with the specific facts alleged in support of the claim throughout the FACC — are' sufficient at this stage to sustain the Illinois Plaintiffs’ claims for fraudulent concealment. New GM’s motion with respect to these claims is thus denied.

c. Unjust Enrichment

Finally, the Illinois Plaintiffs bring claims for unjust enrichment against New GM. (FACC ¶¶ 2833-2843). To prevail on a claim for unjust enrichment under Illinois lav, a plaintiff must “allege that the defendant has unjustly retained a benefit to the plaintiffs detriment, and that the defendant’s retention of the benefit violates the fundamental principles of justice, equity, and good conscience.” Reid v. Unilever U.S., Inc., 964 F.Supp.2d 893, 922 (N.D. Ill. 2013) (quoting HPI Health Care Servs., Inc. v. Mt. Vernon Hosp., Inc., 131 Ill.2d 145 , 137 Ill.Dec. 19 , 545 N.E.2d 672, 679 (1989)). “Because unjust *415 enrichment is based on an implied contract, where there is a specific contract which governs the relationship of the parties, the doctrine of unjust enrichment has no application.” People ex rel. Hartigan v. E&E Hauling, Inc., 153 Ill.2d 473 , 180 Ill.Dec. 271 , 607 N.E.2d 165, 177 (1992) (internal quotation marks omitted); see also Reid, 964 F.Supp.2d at 922 (“In gen- ■ eral, the remedy of unjust enrichment is not available when a specific contract governs the parties’ relationship.”); Shaw v. Hyatt Intern. Corp., 461 F.3d 899, 902 (7th Cir. 2006) (“[The plaintiff] fails to present a claim for unjust enrichment, because that is unavailable where the claim rests on the breach of an express contract.”). Here, all but one of the Illinois Plaintiffs (namely, Kapraun) purchased their' New GM vehicles under warranty — that is, with a specific contract governing the relationship of the parties. But that does not end the Court’s inquiry.

Under Illinois law, “a party may plead claims in the alternative, i.e., she may plead a claim for breach of contract as well as unjust enrichment,” Guinn v. Hoskins Chevrolet, 361 Ill.App.3d 575 , 296 Ill.Dec. 930 , 836 N.E.2d 681, 704 (2005), as long as the plaintiff does “not include allegations of an express contract which governs the relationship of the par-tiese ] in the counts for unjust enrichment,” The Sharrow Group v. Zausa Dev. Corp., No. 04-CV-6379 (JBM), 2004 WL 2806193 , *3 (N.D. Ill. 2004) (collecting cases). The crucial question, then, is whether a plaintiffs unjust enrichment claim actually rests on a breach of an underlying contract. See, e,g., id. (dismissing the plaintiffs unjust enrichment claim because throughout the complaint it was alleged that “valid and enforceable agreements” governed the parties’ relationship and the plaintiff had incorporated those allegations into its count for unjust enrichment); see also, e.g., Cooper v. Durham School Services, No. 03-CV2431 (JBM), 2003 WL 22232833 , at *7 (N.D.Ill. Sept. 22, 2003) (similar); Team Impressions, Inc. v. Chromas Technologies Canada, Inc., No. 02-CV-5325 (AJS), 2003 WL 355647 , at *4 (N.D. Ill. February 18, 2003) (similar). 13

In this ease, the Illinois Plaintiffs do not base their unjust enrichment claims on the breach of an existing contract. Nor do they incorporate any reference to a contract into that count — indeed, none of the remaining Illinois Plaintiffs is even seeking to recover under a theory of express or implied warranty. (See, e.g., FACC ¶ 2835 (“This claim is pleaded in the alternative to any contract-based claims brought on behalf of Plaintiffs.”)). Thus, the case is easily distinguished from other Illinois precedents in which the viability of the unjust enrichment claim turned on an alleged contractual breach. See, e.g., Guinn, 296 Ill.Dec. 930 , 836 N.E.2d at 705 (“Although the contract is not specifically *416 referenced in [plaintiffs] unjust enrichment count, she incorporates the allegations of each other count into the unjust enrichment count. Moreover, [the plaintiff] attached to her complaint the retail installment contract.”); Thorogood v. Sears, Roebuck & Co., No. 06-CV-1999, 2006 WL 3302640 , at *5 (N.D. Ill. Nov. 9, 2006) (dismissing an unjust enrichment claim where the plaintiff had “incorporated by-reference the allegations of a contractual express warranty” and attached a report that “specifically mentioned] that the dryer was subject to a one-year contractual warranty5’); Shaw v. Hyatt Int’l Corp., No. 05-CV-5022, 2005 WL 3088438 , *3 (N.D. Ill. Nov. 15, 2005) (dismissing an unjust enrichment claim after reaching “the inescapable conclusion that the present dispute [arose] out of an express contract”). Accordingly, the Illinois Plaintiffs can proceed with their unjust enrichment claims, express warranties notwithstanding. See Reid, 964 F.Supp.2d at 924 ; Sirazi v. Gen. Mediterranean Holding, SA, No. 12-CV-0653, 2013 WL 812271 , at *9 (N.D. Ill. Mar. 5, 2013).

New GM alternatively contends that Illinois law precludes unjust enrichment where a plaintiff has an adequate remedy at law. (See GM Mem. 28). Although it is “well settled that a party cannot seek equitable relief when he has an adequate legal remedy,” the precise nature of unjust enrichment under Illinois law has “led to numerous confusing statements in case law [implying] that it is equitable in nature,” though “it is essentially an action at law.” In re Sears, Roebuck & Co. Tools Mktg. & Sales Practices Litig., No. 05-CV-2623, 2006 WL 3754823 , at *3 (N.D. Ill. Dec. 18, 2006); see also In re Aqua Dots Prods. Liab. Litig., 270 F.R.D. 377, 386 (N.D. Ill. 2010) (“[T]here is considerable confusion about the law of unjust enrichment, including the no-adequate-remedy-at-law requirement in Illinois. While many intermediate courts in Illinois routinely say that, because it is an equitable remedy, unjust enrichment is only available when there is no adequate remedy at law, the Illinois Supreme Court has said that restitution, ie., money damages under an unjust enrichment theory, is a legal remedy.” (internal quotation marks and citation omitted)). “The correct Illinois rule appears to be a narrower one: unjust enrichment is unavailable where a specific contract governs the relationship of the parties.” In re Aqua Dots, 270 F.R.D. at 386 . Indeed, all of the cases New GM cites preclude unjust enrichment claims due to the existence of an express contract. See Guinn, 296 Ill.Dec. 930 , 836 N.E.2d at 704 (“[W]here there is a specific contract that governs the relationship of the parties, the doctrine of unjust enrichment has no application.” (internal quotation marks alteration omitted); Nesby v. Country Mut. Ins. Co., 346 Ill.App.3d 564 , 281 Ill.Dec. 873 , 805 N.E.2d 241, 243 (2004) (same). For the reasons discussed above, the existence of an express contract does not pose an obstacle to the Illinois Plaintiffs’ pursuing their unjust enrichment claims. See, e.g., Triumph Packaging Grp. v. Ward, No. 11-CV-7927, 2012 WL 5342316 , at *7 (N.D. Ill. Oct. 29, 2012) (allowing the plaintiffs’ claims to proceed because no specific contract existed); Scott v. GlaxoSmithKline Consumer Healthcare, L.P., No. 05-CV-3004, 2006 WL 952032 , at *4 (N.D. Ill. Apr. 12, 2006) (“GSK is incorrect in stating that this unjust enrichment claim seeks equitable relief.”). Accordingly, New GM’s motion to dismiss the Illinois Plaintiffs’ unjust enrichment claims is denied.

3. Massachusetts

The two remaining Massachusetts Plaintiffs for purposes of this motion are Debra Companion and Richard Leger. Companion owns a 2010 Chevrolet Cobalt that she purchased under warranty as a certified pre-owned vehicle from a Chevrolet dealer on December 31, 2011. (FACC ¶ 154). Her *417 car was subject to the Delta Ignition Switch and Power Steering recalls. (Id.). Leger owned a 2007 Pontiac G5 that he purchased used under a ninety-day warranty from a Hyundai dealership in 2013. (Id. ¶ 156). His car was subject to the Delta Ignition Switch recall. (Id.). Companion’s car experienced one shutdown event while she was driving on the highway, forcing her to pull over to restart the car. (Id. ¶ 154). She received an ignition switch recall notice but not a power steering recall notice, and her car was repaired in the summer of 2014 pursuant to the recall. (Id.). Leger’s car began experiencing ignition switch issues in November 2013, including several instances when it shut down while he was driving. (Id. ¶ 156). He also experienced loss of power to the power steering and locking of the steering wheel. (Id.). After Leger learned about the recall in April 2014, he told the dealership that he would not pay for the car until the issues were fixed; his car was ultimately repossessed. (Id.).

Companion and Leger bring claims against New GM under the Massachusetts Consumer Protection Act (“Massachusetts CPA”), Mass. Gen. Laws ch. 93A, § 1 et seq. (FACC ¶¶ 3769-3793); for common law fraud by concealment (id. ¶¶3794-3807); for breach of the implied warranty of merchantability, ALM GL. CH. 106, § 2-314 (id. ¶¶ 3808-3817); and for unjust enrichment (id. ¶¶ 3840-3850). New GM moves to dismiss only two of these claims: the claim under the Massachusetts CPA and the unjust enrichment claim. The Court will address each of these claims in turn.

a. The Massachusetts CPA

The Massachusetts Plaintiffs’ claims under the Massachusetts CPA (otherwise known as Chapter 93A) can be addressed briefly. The Act prohibits “unfair or deceptive acts or practices in the conduct of any trade or commerce.” Mass. Gen. Laws ch. 93A § 2(a). To prevail on such a claim, the plaintiff “must show that the defendant engaged in trade or business and committed an unfair or deceptive act, causing economic injury to the plaintiff.” Brown v. Bank of Am., Nat., Ass’n, 67 F.Supp.3d 508, 514 (D. Mass. 2014); see also Mass. Eye & Ear Infirmary v. QLT Phototherapeutics, Inc., 552 F.3d 47, 69 (1st Cir. 2009). “[I]t is neither necessary nor sufficient that a particular act or practice violate common or statutory law” to make out a claim under the statute. Id. Instead, conduct is “deceptive” when “it has the capacity to mislead consumers, acting reasonably under the circumstances, to act differently from the way they otherwise would have acted.” Aspinall v. Philip Morris Cos., 442 Mass. 381 , 813 N.E.2d 476 , 488 (2004). Massachusetts courts have not set out a precise test for determining when conduct becomes “unfair or deceptive,” see Kattar v. Demoulas, 433 Mass. 1 , 739 N.E.2d 246 , 257 (2000) (explaining that such definition would be “impossible” because “there is no limit to human inventiveness in this field”), but rather look to the following factors: “(1) whether the practice is within at least the penumbra of some common-law, statutory, or other established concept of unfairness; (2) whether it is immoral, unethical, oppressive, or unscrupulous; and (3) whether it causes substantial injury to consumers.” Hanrahran v. Specialized Loan Serv., LLC, 54 F.Supp.3d 149, 154 (D. Mass. 2014). Finally, to the extent a Chapter 93A claim is premised on fraudulent conduct, it must satisfy the heightened pleading requirements of Rule 9(b). See Ouch v. Fed. Nat. Mortg. Ass’n, No. 11-CV-12090 (RWZ), 2013 WL 139765 , at *2 (D. Mass. Jan. 10, 2013); cf. Crisp Human Capital Ltd. v. Authoria Inc., 613 F.Supp.2d 136, 139 (D. Mass. 2009) (“[T]o the extent it does not involve fraud, a Chapter 93A claim is not subject to a heightened pleading requirement.”).

*418 Applying, those standards here, the Massachusetts. Plaintiffs’ Chapter 93A claims survive for the reasons stated above in the discussion of the Alabama and Illinois Plaintiffs’ consumer fraud claims. That is, both Companion and Leger purchased vehicles that suffered from the Delta Ignition Switch' defect, and — as discussed above — Plaintiffs’ allegations, both as to concealment and as to misrepresentation, satisfy Rule 9(b). (See FACC ¶¶ 154, 156). Additionally, New GM does not dispute (and nor could it) that the Massachusetts Plaintiffs sufficiently allege “deceptive” conduct to trigger Chapter 93A’s protections. Finally, Companion and Leger also allege sufficient injury, as neither would have paid as much for, or potentially purchased, their vehicles had they known of the defects. See, e.g., Brown, 67 F.Supp.3d at 514 (noting that a “Chapter 93A claimant must also sufficiently plead economic injury,” ie., “some kind of separate, identifiable harm arising from the violation itself”). Accordingly, Companion’s and.Leger’s claims survive. 14

b. Unjust Enrichment

As noted, New GM also moves to dismiss the Massachusetts Plaintiffs’ unjust enrichment claims. To prevail on this claim under Massachusetts law, a plaintiff must show: “(1) a benefit conferred upon the defendant by the plaintiff; (2) an appreciation or knowledge by the defendant of the benefit; and (3) acceptance or retention by the defendant of the benefit under the circumstances would be inequitable without payment of its value.” Blake v. Professional Coin Grading Serv., 898 F.Supp.2d 365, 390 (D. Mass. 2012); see also Salamon v. Terra, 394 Mass. 857 , 477 N.E.2d 1029, 1031 (1985). Significantly, however, unjust enrichment “can only be used if the court does not find that a valid contract was formed.” Wong v. Nieboer, No. 0233-CV-0207, 2006 WL 1172191 , at *4 (Mass. App. Ct. Apr. 15, 2006) (per curiam); see also Platten v. HG Bermuda Exempted Ltd., 437 F.3d 118, 130 (1st Cir. 2006) (“Massachusetts law does not allow litigants to override an express contract by arguing unjust enrichment.”); Boswell v. Zephyr Lines, Inc., 414 Mass. 241 , 606 N.E.2d 1336 (1993) (holding that a claim for unjust enrichment “presupposes that no valid contract covers the subject matter of a dispute”); Zarum v. Brass Mill Mat. Corp., 334 Mass. 81 , 134 N.E.2d 141, 143 (1956) (“The law will not imply a contract where there is an existing express contract covering the same subject matter.”). Thus, where a plaintiff “concedes the existence of a valid express contract between the parties,” state substantive law bars any claim of unjust enrichment. See, e.g., Okmyansky v. Herbalife Int’l of Am., Inc., 415 F.3d 154, 162 (1st Cir. 2005). 15

*419 Here, both Massachusetts Plaintiffs purchased their vehicles while under warranty (see FACC ¶¶ 154, 156), which forecloses their unjust enrichment claims. Moreover, even if the express warranties were no bar, a plaintiff is prohibited under Massachusetts law from bringing a claim for unjust enrichment where an adequate remedy at law exists — regardless of the viability of that theory or whether it sounds in contract, fraud, or tort. See, e.g., Scarpaci v. Lowe’s Home Ctr., LLC, 212 F.Supp.3d 246 , 253 n.7 (D. Mass. 2016) (“The term ‘adequate remedy at law5 refers to the existence of a legal (as opposed to equitable) theory by which the plaintiff make seek recovery; it does not, however, require the existence of a legal theory under which the plaintiff is ultimately successful on obtaining recovery.”); Fernandes v. Havkin, 731 F.Supp.2d 103, 114 (D. Mass. 2010) (“A claim of unjust enrichment, however, is not available to a party with an adequate remedy at law. [The plaintiffs negligence and chapter 93A claims thus preclude a claim for unjust enrichment. The disposition of those claims is irrelevant. Their mere availability is a bar to a claim of unjust enrichment.” (internal quotation marks and citations omitted)); Adrion v. Knight, No. 07-CV-11277 (RGS), 2009 WL 3152885 , at *1 n.1 (D. Mass. Sept. 28, 2009) (“[T]he availability of an adequate remedy at law (whether successful or not) precludes an equitable claim of unjust enrichment.”); Santagate v. Tower, 64 Mass.App.Ct. 324 , 833 N.E.2d 171, 176 (2005) (“An equitable remedy for unjust enrichment is not available to a party with an adequate remedy at law.”). On that basis too, the Massachusetts Plaintiffs’ unjust enrichment claims fail. Accordingly, New GM’s motion to dismiss those claims is granted.

4. Michigan

The remaining Michigan Plaintiffs for purposes of this motion are Sheree Anderson, Carter Bishop, Marquetta Chestnut, Rafael Lanis, Sophia Marks, Brian Semrau, and Franklin Wloch. Anderson owned a used 2008 Chevrolet HHR that she purchased under warranty from a dealership on November 15, 2011, which was subject to the Delta Ignition Switch defect. (FACC ¶ 158). Bishop owns a 2008 Chevrolet Impala that he purchased used and unwarranted from a dealership on August 7, 2012, which was subject to the Low Torque Ignition Switch recall. (Id. 11159). Chestnut - owns a 2005 Chevrolet Malibu that she purchased used and unwarranted from a dealership on February 17, 2011, which was subject to the Low Torque Ignition Switch and Power Steering recalls. (Id. ¶ 160). Lanis owns a 2006 Chevrolet Cobalt that he purchased used and unwarranted at auction in July 2011, which was subject to the Delta Ignition Switch recall. (Id. ■ ¶ 162). Marks owns a 2009 Chevrolet Impala that she purchased used from a dealership along with an extended warranty on July 28, 2009, and which was subject to Low Torque Ignition Switch recall. (Id. ¶ 163). Semrau leased a new 2013 Cadillac CTS from a Cadillac dealership on August 19, 2013, while the vehicle was under the manufacturer’s warranty, and it was later subject to the Low Torque Ignition Switch recall. (Id. ¶ 165). Finally, Wloch owns a 2011 Cadillac CTS that he purchased as a certified pre-owned vehicle from a Cadillac dealership along with an extended warranty on April 22, *420 2014, and which was subject to the Low Torque Ignition Switch recall. (Id. ¶ 169).

Anderson’s car experienced issues with the ignition switch, including locking up such that she was unable to turn the key on several occasions. (FACC ¶ 158). Her car was repaired pursuant to the recall on June 10, 2014, after a several month delay waiting for the parts. (Id.). She finally sold the car for scrap on August 25, 2016, after additional mechanical issues rendered it unusable. (See id.). Bishop’s vehicle never manifested any defect, although it was repaired in June 2016 pursuant to the Low Torque Ignition Switch recall. (Id. ¶ 159). The power steering in Chestnut’s car twice went out, once causing her to spin out on ice and almost collide with an oncoming ambulance, and once forcing her to coast across a highway to an exit in order to restart her car. (Id. ¶ 160). Lanis experienced his ignition switch shutting down' approximately ten times after he started his car and removed his hand from the key, as well as one time while he was sitting idle at a traffic light. (Id. ¶ 162). On almost a daily basis, his key would stick in the ignition switch. (Id.). Lanis’s car was repaired in April 2014 pursuant to the ignition switch recall; afterwards, he twice tried to sell the vehicle but was unsuccessful. (See id.). Mark’s car shut off once while she was driving after hitting a bump in the road, requiring her to pull over and restart the car. (Id. ¶ 163). Her car was repaired in 2015 pursuant to the Low Torque Ignition Switch recall. (Id.). Like Bishop’s car, Semrau’s leased car never manifested any defect, although New GM sent him the parts to repair his ignition switch himself pursuant to the Low Torque Ignition Switch recall. (Id. ¶ 165). Semrau returned the vehicle on August 16, 2016, at the end of his lease. (Id.).

Together, the Michigan Plaintiffs bring claims against New GM under the Michigan Consumer Protection Act (“MCPA”), Mich. Comp. Laws § 445.903 , et seq. (FACC ¶¶ 3896-3920); for common law fraud by concealment (id. ¶¶ 3921-3934); for breach of implied warranty of merchantability, see Mich. Comp. Laws § 440.2314 (id. ¶¶ 3935-3944); and for unjust enrichment (id. ¶¶ 3967-3977). The Court will address each of these claims in turn.

a. The MCPA

The MCPA “prohibits the use of unfair, unconscionable, or deceptive methods, acts, or practices in the conduct of trade or commerce.” Zine v. Chrysler Corp., 236 Mich.App. 261 , 600 N.W.2d 384, 392 (1999); see also Mich. Comp. Laws § 445.903 (1). To the extent relevant here, the MCPA prohibits, inter alia, (1) representing that goods or services have characteristics that they do not have; (2) representing that goods or services are of a particular standard if they are of another; (3) making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions; (4) failing to reveal a material fact, the omission of which tends to mislead or deceive the consumer, and which fact could not reasonably be known by the consumer; (5) making a representation of fact or statement of fact material to the transaction such that a person reasonably believes the represented or suggested state of affairs to be other than it actually is; and (6) failing to reveal facts that are material in light representations of-fact made in a positive manner. See Mich. Comp. Laws § 445.903 (1). Michigan courts construe the provisions of the MPCA “with reference to the common-law tort of fraud.” Mayhall v. A.H. Pond Co., Inc., 129 Mich.App. 178 , 341 N.W.2d 268, 270 (1983). For a misrepresented fact to be “material,” therefore, it “need not relate to the sole or major reason for the transaction,” but it must be “important to the transaction or affect[] *421 the consumer’s decision to enter into the transaction.” Zine, 600 N.W.2d at 398 (internal quotation marks omitted). With respect to omissions, however, the inquiry “is not whether the omission is misleading to a reasonable consumer but whether the consumer could reasonably be expected to discover the omission at issue.” Id. Moreover, for those subsections of the MCPA, plaintiffs “must establish reliance” to make out a viable claim. In re OnStar Contract Litig., 278 F.R.D. 352, 378 (E.D. Mich. 2011), Finally, to the extent a plaintiffs MCPA claim is premised on fraud (as opposed to breach of an express or implied warranty), it must meet the heightened pleading standards of Rule 9(b). See In re Packaged Ice Antitrust Litig., 779 F.Supp.2d 642, 666 (E.D. Mich. 2011).

Applying those standards here, the Michigan Plaintiffs’ MCPA claims are sufficient to survive New GM’s motion to dismiss. First, Plaintiffs allege “how [New GM] violated the MCPA,” including “identify[ing] which MCPA sections” New GM purportedly violated. Muneio v. Fed. Nat. Mortg. Assoc., 09-CV-12973 (AC), 2010 WL 5146328 , at *4 (E.D. Mich. Dec. 13, 2010). (See FACC ¶¶ 3921-3934). Second, the purported misrepresentations were “material,” as Plaintiffs allege that their decisions to purchase GM cars were impacted by the perception of- safety. (See, e.g., id. ¶ 159 (considering “advertisements touting high safety ratings from crash tests” when purchasing); id. ¶ 3907 (“New GM’s [deceptive acts] were likely to and did in fact deceive reasonable consumers, including Plaintiffs, about the true safety and reliability of their vehicles.”)). And with respect to New GM’s alleged omissions, Plaintiffs sufficiently allege that the defects were not the sort that “consum-eres] could- reasonably be expected to discover.” Zine, 600 N.W.2d at 398 . (See FACC ¶ 3911).

' Finally, the Michigan Plaintiffs’ MCPA claims satisfy the requirements of Rule 9(b). To the extent the Michigan Plaintiffs’ claims relate to the Delta Ignition Switch recall (Anderson and Lanis) and the Low Torque Ignition Switch recalls (everyone other than Anderson and Lanis), that is true for the reasons discussed above in connection with Alabama and Illinois. That leaves only Chestnut’s claim concerning the Power Steering recall. (FACC ¶ 160). 16 With respect to that claim, Plaintiffs allege, among other things, that' New GM knew “[fjrom the date of its inception”'that “Old GM began receiving customer complaints regarding loss of power steering” as early as 2003. (Id. ¶753). In particular, with respect to 2005 Chevy Malibus (Chestnut’s car), “New GM knew that, in response to a NHTSA Preliminary Investigation into potential Power Steering Defect ... [,] Old GM [had] extended warranty coverage ... to. replace the steering column assembly” even though “[n]o recall was done.” (Id. ¶ 754). In June 2010, moreover, New GM initiated a special coverage program for that model. (Id. ¶756). Taken together, these allegations are sufficient to demonstrate that New GM knew about the Power Steering defect at the time of Chestnut’s purchase in 2011.

That leaves one final issue to address: whether Bishop, Semrau, and Wloch can maintain .their MPCA claims given that *422 their vehicles never manifested the defects at issue here. (FACC ¶¶ 159, 165, 169). 17 Both parties agree that Michigan courts have not yet resolved whether a plaintiff can bring economic loss claims in the absence of a manifest defect. (See GM Mem. 18; Pis.’ Opp’n 20). The Court is thus tasked with determining how “it believe[s] the [Michigan Supreme Court] would rule if the issue were before it.” Leon’s Bakery, Inc. v. Grinnell Corp., 990 F.2d 44 , 47 (2d Cir. 1993). As far as this Court (and the parties) can tell, only one other federal court has confronted this same task, See In re Bridgestone/Firestone, Inc. Tires Prod. Liab. Litig., 155 F.Supp.2d 1069, 1096-1099 (S.D. Ind. 2001), overruled on other grounds by In re Bridgestone/Firestone, Inc., 288 F.3d. 1012 (7th Cir. 2002). There, the Court concluded that the Michigan Supreme Court would not require the manifestation of a defect because, unlike in the realm of negligence (where a plaintiff must show injury), the MCPA requires a plaintiff to plead only “loss.” See id. at 1097 ; see also Mich. Comp. Laws § 445.911 (b)(2) (“A person who suffers loss as a result of this a violation of this act may bring an action to recover actual damages .... ” (emphasis added)). As the Bridgestone/Firestone Court noted, other jurisdictions with consumer protection statutes that require only a showing of loss have allowed claims to proceed absent a manifested defect. See, e.g., Hinchliffe v. Am. Motors Corp., 184 Conn. 607 , 440 A.2d 810, 819 (1981) (allowing a plaintiffs statutory fraud action to proceed — absent any defect — because “[w]henever a consumer lias received something other than what he bargained for, he has suffered a loss of money or property”).

At least one Michigan appellate decision lends strong support to this position. See Mayhall v. A.H. Pond Co., Inc., 129 Mich.App. 178 , 341 N.W.2d 268 (1983) (per curiam). In Mayhall , “the sole issue [was] whether the complaint alleged that plaintiff had suffered a ‘loss’ sufficient to withstand a motion for summary judgment” under the MCPA. See id. at 269 , The plaintiff there had purchased a ring in reliance on “the defendants’ knowing and false representation, made in their advertisement, that the ring was perfect,” although the ring ultimately did not prove to be so. See id. at 272 . The Michigan Court of Appeals instructed that the MCPA should be construed in accordance with common law fraud principles, and concluded that, in a fraud action, “injury may consist in the plaintiffs unfulfilled expectations.” Id. at 270 . Specifically, “the injury suffered by a victim of fraud” is that “the victim does not receive what he expected to receive,” allowing him to “recover the difference between the actual value of the property when the contract was made and the value it would have possessed if the representation had been true.” Id, at 271. Consistent with that principle, other courts have repeatedly held that, “[u]nder Michigan law, a fraud plaintiff is entitled to the benefit of the bargain — in other words, what the purchaser would have gotten had the representations been true.” Thompson v. Paasche, 950 F.2d 306, 314 (6th Cir. *423 1991) (emphasis omitted); Hunter v. SMS, Inc., 843 F.2d 1391 (6th Cir. 1988) (noting that “benefit of the bargain damages resulting from [] fraudulent misrepresentations” are measured “by the difference between the actual value of the [item] received by the plaintiff and the value the [item] would have possessed had the representations been true”); Dow Chem. Co. v. Gen. Elec. Co., No. 04-CV-10275 (BC), 2005 WL 2372838 , at *4 (E.D. Mich. Sept. 27, 2005) (“Under Michigan law, recovery for damages caused by a failed, substandard, or defective product is limited ... [to] the benefit of the bargain ...” (internal quotation marks omitted)). This Court has previously found similar — if not less — support sufficient to conclude that a jurisdiction would allow a consumer fraud claim even without a manifest defect. See In re Gen. Motors, 2016 WL 3920353 , at *40 (holding that Virginia would not require a manifest defect as “New GM does not cite, and the Court has not found, any Virginia authority that imposes a manifest defect requirement or rejects benefit-of-the-bargain recovery for fraud claims”). Thus, the Court will not impose a manifest defect requirement on the Michigan Plaintiffs here.

New GM’s arguments to the contrary fall flat. For one, New GM contends that Bridgestone/Firestone is not persuasive authority because it was subsequently overruled by the Seventh Circuit. That is true, but the Seventh Circuit overruled the district court decision on other grounds (namely, choice of law). See Bridgestone/Firestone, 288 F.3d at 1018-20 . Admittedly, the Seventh Circuit expressed some skepticism that economic loss claims could be maintained absent a manifested defect on the ground that “most states” had adopted the opposite rule, but the Circuit expressly declined to decide the issue because it found that Indiana law, rather than Michigan or Tennessee law, controlled. See id. at 1016-17 (noting also that plaintiffs must have believed Michigan and Tennessee to be “in the favorable minority” of jurisdictions with respect to the manifestation requirement). New GM also cites to several non-Michigan cases prohibiting recovery absent a manifest defect (see GM Mem. 18-20), but those precedents are less persuasive than Mayhall , a Michigan decision. Moreover, some of the other jurisdictions have walked back their stance on the issue more recently. See, e.g., In re Zurn Pex Plumbing Prod. Liab. Litig., 644 F.3d 604, 608 (8th Cir. 2011) (rejecting an argument by the defendants, which rested on a case New GM cites, that the plaintiffs could not show a “current harm” based on brass piping that “contained a defect upon installation” because that, defect had not yet “caused external damage”). Indeed, in its ruling on the TACC, this Court found that California, Florida, Maryland, Missouri, and Virginia do not .(or would not) have a manifest defect requirement for their consumer protection laws, See In re Gen. Motors, 2016 WL 3920353 , at *20, *26-27, *31, *33-34, *39-40. 18

In the absence of persuasive authority to the contrary, the Court thus concludes that the Michigan Plaintiffs “need only allege” that their vehicles are defective; “[t]hey are not required to allege and prove ... manifestation of [that] defect.” Bridgestone/Firestone, 155 F.Supp.2d at 1100 ; cf. In re Takata, 193 *424 F.Supp.3d at 1335 (“If Takata had installed grenades in its airbags that may or may not explode on impact, a court would not require an explosion to demonstrate manifestation of a defect. Plaintiffs have alleged essentially this scenario, explaining that occupants of vehicles equipped with the allegedly defective airbags cannot know whether their airbags will expel metal shrapnel that may kill or maim them.” (footnote omitted)). Accordingly, New GM’s motion to dismiss the Michigan Plaintiffs’ MCPA claims is denied.

b. Fraudulent Concealment

The Michigan Plaintiffs next bring a common law claim for fraudulent concealment (also known in Michigan as “silent fraud”). (See FACC ¶¶ 3921-3934). “Silent fraud is essentially the same [as traditional fraud] except that it is based on a defendant suppressing a material fact that he or she was legally obligated to disclose, rather than making an affirmative misrepresentation.” Barclae v. Zarb, 300 Mich.App. 455 , 834 N.W.2d 100, 115 (2013). To make out a claim, “the plaintiff must show that the defendant suppressed the truth with the intent to defraud the plaintiff and that the defendant had a legal or equitable duty of disclosure.” Id. (emphasis added); see also MacDonald v. Thomas M. Cooley Law School, 724 F.3d 654, 665 (6th Cir. 2013) (“[T]o state a claim for the tort of silent fraud, a plaintiff must allege more than non-disclosure; a plaintiff must establish that the defendant had a legal duty to make a disclosure.” (internal quotation marks omitted)). A “legal or equitable duty” arises “most commonly in a situation where inquiries are made by the plaintiff, to which the defendant makes incomplete replies that are truthful in themselves but omit material information.” Hord v. Envnmt’l Res. Inst. of Mich., 463 Mich. 399 , 617 N.W.2d 543, 550-51 (2000) (collecting cases). In fact, Michigan courts effectively require proof of “statements by the vendor that were made in response to a specific inquiry by the purchaser, which statements were in some way incomplete or misleading.” M & D, Inc. v. W.B. McConkey, 231 Mich.App. 22 , 585 N.W.2d 33, 39 (1998) (emphasis added) (collecting cases). That is, a plaintiff cannot prevail merely by showing “that the seller knew there was a hidden defect and that the purchaser had no knowledge of it.” Id.

The Sixth Circuit’s decision in Cooley is instructive. In that case, graduates of the Thomas M. Cooley Law School sued their alma mater alleging that the school’s annual employment report and salary survey misrepresented the employment outcomes of its graduates — thereby inducing them to attend the school despite what were, in reality, bleak employment prospects upon graduation. See 724 F.3d at 657-60 . The Sixth Circuit rejected the plaintiffs’ silent fraud claim because they “did not allege in their amended complaint that they ever asked Cooley about the claims in its Employment Reports so as to create a duty for Cooley to disclose the truth.” Id. at 666 . “This failure to inquire,” the Court concluded, “dooms the silent-fraud claim. Absent such an inquiry, Cooley had no duty to make any further disclosure concerning its Employment Reports.” Id.; see, e.g., Hord, 617 N.W.2d at 550 (holding that the plaintiff could not establish a silent fraud claim where “[t]here was no evidence that the plaintiff made any inquiry about the financial condition of the company in general or requested updated financial data in particular”); McConkey, 585 N.W.2d at 39-40 (dismissing a silent fraud claim in the absence of proof that “the buyer expressed some particularized concern or made a direct inquiry and the seller failed to fully disclose the material facts within the seller’s knowledge”); see also, e.g., Innovation Ventures, LLC v. Ultimate One Distrib. Corp., No. 12-CV-5354 (KAM) (RLM), 2014 WL 1311979 , at *11 (E.D.N.Y. Mar. 28, 2014) (“[U]nder *425 Michigan law, partial disclosure can amount to fraud only if the partial disclosure is in response to a specific inquiry made by the injured party.” (emphasis added)); cf. Clement-Rowe v. Michigan Health Care Corp., 212 Mich.App. 503 , 538 N.W.2d 20, 23-24 (1995) (upholding a silent fraud claim where the employer had “asserted] its economic health to attract qualified employees” even though it knew that the company was financially shaky and the employer “omit[ed] to disclose, when asked, known economic instability” that later led to layoffs (emphasis added)).

These decisions are fatal to the Michigan Plaintiffs’ fraudulent concealment claims. The Michigan Plaintiffs do not allege that they made any inquiries directly to New GM regarding the safety of their vehicles or the existence of any potential defects. Such a "failure to inquire “dooms the silent-fraud claim.” Cooley, 724 F.3d at 666 . Contrary to Plaintiffs’ argument, it is not enough that New GM made “many affirmative representations about the safety, quality, and lack of defects in New GM vehicles, which were misleading, deceptive, and incomplete without the disclosure of the defects.” (FACC ¶3928). “Absent” an actual “inquiry,” New GM “had no duty to make any further disclosure concerning” the safety (or lack thereof) of GM cars. Cooley, 724 F.3d at 666 . Notably, the two cases cited by Plaintiffs do not hold otherwise. (See Pi’s Opp’n 54). In the first — United States Fidelity & Guar. Co. v. Black, 412 Mich. 99 , 313 N.W.2d 77 (1981)—the Michigan Supreme Court held that, as a “general rule,” a party “to a business transaction is under an obligation to exercise reasonable care to disclose to the other party ... any subsequently acquired information which he recognizes as rendering untrue, or misleading, previous representations.” Id. at 89. But key to the Court’s holding was the fact that the parties in the case had an ongoing relationship in which the appellants frequently discussed “their concern over their potential liability” and “openly attempted] to limit this liability,” with the result that the appellees “knew that [the appellants] were very concerned” about the issue and so “had a duty to clearly inform [them] of the new situation.” Id. at 88-89. And in Alfieri v. Bertorelli, 295 Mich.App. 189 , 813 N.W.2d 772 (2012), the Michigan Court of Appeals found a duty to disclose because the plaintiffs had “made direct inquiries of defendants about the condition of the property” and the defendants were later advised that their “sales brochure contained inaccurate and misleading information.” Id. at 776 (emphasis added). In short, these cases underscore that a direct inquiry (or the functional equivalent) is a sine qua non of a fraudulent concealment claim under Michigan law. As the Michigan Plaintiffs do not allege such inquiries, New GM’s motion to dismiss their fraudulent concealment claims must be and is granted. 19

*426 c. Breach of Implied Warranty

Next, New GM challenges the viability of implied warranty claims asserted by the Michigan Plaintiffs whose vehicles did not manifest any defect — namely, Bishop, Semrau, and Wloch. The - Bridge-stone/Firestone Court considered and rejected' the same arguihent on the ground that the Uniform Commercial Code (“UCC”), which has been adopted by Michigan, “expressly provides” that a claim for the breach of an implied warranty'“‘accrues when the breach occurs” and that “there is no requirement that [plaintiffs demonstrate any injury to them person or property as a result of the breach, but only that they purchased an unmerchantable product.” 155 F.Supp.2d at 1099 (quoting UCC § 2-725(2)); see also, e.g., Koscielny v. Ford Motor Co., No. 05-CV-527127 (NZ), 2006 WL 1726486 , at *4 (Mich. Cir. Ct. June 21, 2006) (“Breach of the warranty of merchantability means the vehicle was defective at the time- when it left the possession of the manufacturer or seller” (internal quotation marks and alteration omitted)); Neibarger v. Universal Coops., Inc., 439 Mich. 512 , 486 N.W.2d 612, 615 (1992) (“Under Article 2 [of the UCC], a sale of goods is accompanied by the implied warranties of merchantability and fitness . Thus, under the code, the purchaser of defective goods may recover for the benefit of the bargain (the difference between the value of the goods as delivered and the value the goods would have had they complied with the warranty).” (footnotes omitted)). The Court agrees with that logic and conclusion. Thus, New GM’s motion to dismiss must be and is denied.

d. Unjust Enrichment

Finally, the Court turns to the Michigan Plaintiffs’ unjust enrichment claims. (See FACC ¶¶ 3967-3977). To state a claim for unjust enrichment under Michigan law, a plaintiff must show “(1) receipt of a benefit by the defendant from the plaintiff and (2) an inequity resulting to plaintiff'because of the retention of the benefit by defendant.” Lipov v. Louisiana-Pac. Corp., No. 12-CV-439, 2013 WL 3805673 , at *5 (W.D. Mich. July 22, 2013) (citing Dumas v. Auto Club Ins. Ass’n, 437 Mich. 521 , 473 N.W.2d 652, 663 (1991)). “If this is established, the law will imply a contract in order to prevent unjust enrichment. However, a contract will be implied only if thére is no express contract governing the same subject matter.” Belle Isle Grill Corp. v. City of Detroit, 256 Mich.App. 463, 478 , 666 N.W.2d 271 (2003) (citation omitted); accord Kingsley Assocs., Inc. v. Moll PlastiCrafters, Inc., 65 F.3d 498, 506 (6th Cir. 1995); Romeo Inv. Ltd. v. Michigan Consol. Gas Co., No. 260320, 2007 WL 1264008 , at *7-8 (Mich. Ct. App. May 1, 2007). Michigan courts have occasionally allowed plaintiffs to plead alternative claims for breach of contract and equitable relief, but such cases have involved disputes regarding the validity of the underlying contracts. See, e.g., Glaske v. Indep. Bank Corp., No. 323167, 2016 WL 298986 , at *10 (Mich. Ct. App. Jan. 21, 2016). Moreover,. “[t]hese rules, allowing simultaneous and alternative claims for breach-of contract and unjust enrichment, no longer appear to be good law when both claims are asserted against the same defendant, with whom the plaintiff has an express contractual relationship.” Morris Pumps v. Centerline Piping, Inc., 273 Mich.App. 187 , 729 N.W.2d 898, 906 (2006). Under those circumstances, “Michigan courts now hold that the existence of the express contract bars the [equitable] claim.” Id. Here, Michigan Plaintiffs Marks, Semrau, and Wloch all purchased their vehicles while still under warranty *427 (FACC ¶¶ 163, 165, 169), and Plaintiffs do not challenge the validity of those warranties. Their unjust enrichment claims must be and are dismissed on that basis alone.

For an independent reason, however, all of the Michigan Plaintiffs’ unjust enrichment claims are subject to dismissal. That is because Michigan courts “only employ the doctrine of unjust enrichment in cases where the defendant directly receives a benefit from the plaintiff.” Smith v. Glenmark Generics, Inc., USA, No. 315898, 2014 WL 4087968 , at *1 (Mich. Ct. App. Aug. 19, 2014); accord Belle Isle Grill Corp., 666 N.W.2d at 280 ; Storey Attends Healthcare Prod., Inc., No. 15-CV-13577, 2016 WL 3125210 , at *12 (E.D. Mich. June 3, 2016). Applying that requirement, courts have consistently dismissed unjust enrichment claims under Michigan law where the benefit to the defendant was conferred by a third party. See, e.g., Lipov, 2013 WL 3805673 , at *6 (dismissing. a claim where the defendant sold, the product at issue “through distributors and wholesalers to builders, subcontractors, and/or agents, who then installed the [product] on [the plaintiffs residence,” holding that “these indirect transactions do not state a claim that [p]laintiff conferred a direct benefit on [defendant”); W.C. Ducomb Co., Inc. v. Ann Arbor Mach. Co., 2012 WL 516089 , at *3 (Mich. Ct. App. Feb. 16, 2012) (“Assuming that retaining the money from Chrysler was a benefit, it is undisputed that those funds came from Chrysler, not from plaintiff. Accordingly, plaintiff cannot establish the first element of unjust enrichment.”); A & M Supply Co. v. Microsoft Corp., No. 274164, 2008 WL 540883 , at *2 (Mich. Ct. App. Feb. 28, 2008) (concluding that “the unjust enrichment doctrine does not apply under the facts alleged by plaintiff here” because the plaintiff could neither point to “direct contact between Microsoft and the indirect purchasers” nor “show that Microsoft received any direct payment or other benefit from those purchasers”),

. Admittedly, Plaintiffs’ argument to the contrary finds some support in a handful of federal cases. See, e.g. In re Auto. Parts Antitrust Litig., 50 F.Supp.3d 836, 864-865 (E.D. Mich. 2014) (“Michigan law does not require a benefit to be conferred directly by plaintiff to a defendant.”); accord Miller v. MSX-IBS Holding, Inc., No. 16-CV-10596, 2016 WL 4138238 , at *7 (E.D. Mich. Aug. 4, 2016); In re Static Random Access Memory (SRAM) Antitrust Litig., 580 F.Supp.2d 896 (N.D. Cal. 2008); Sheet Metal Workers Local 441 Health & Welfare Plan v. GlaxoSmithKline, PLC, 737 F.Supp.2d 380, 438 (E.D. Pa. 2010). But those cases do not withstand close scrutiny. All rely on the same three Michigan precedents — Kam mer Asphalt Paving Co., Inc. v. East China Tp. Schools, 443 Mich. 176 , 504 N.W.2d 635, 640-41 (1993); Morris Pumps v. Centerline Piping, Inc., 273 Mich.App. 187 , 729 N.W.2d 898, 904-05 (2006); and In re Cardizem CD Antitrust Litig., 105 F.Supp.2d 618, 670-71 (E.D. Mich. 2000)— and, as other courts (including the Michigan Court of Appeals) have explained, those precedents do not bear the weight that the outlier cases have put on them. See, e.g., Fenerjian v. Nongshim Co., Ltd., 72 F.Supp.3d 1058, 1087-88 (N.D. Cal. 2014) (concluding that Kammer and Morris Pumps are “less instructive because they involved situations where the parties’ contacts or transactions with each other were direct” and that “Cardizem is not instructive because [it] did not cite any Michigan state authority involving indirect purchasers or transactions”); see also, e.g., Smith, 2014 WL 4087968 , at.*1; W.C. Ducomb Co., 2012 WL 516089 , at *4 (similar); A & M Supply Co., 2008 WL 540883 , at *2 (similar). At most, “Michigan courts have in some instances allowed a plaintiff to *428 recover for an indirect conferral of benefit where the plaintiff is a subcontractor and the defendant is the party that hired the general contractor. This doctrine only applies where the defendant and the plaintiff had some sort of direct interaction, however.” Storey, 2016 WL 3125210 , at *12. The doctrine does not apply to cases “involving consumer plaintiffs and a remote manufacturer.” Id.; accord Schechner, 2017 WL 588460, at *10 . This case is indisputably of the consumer-remote manufacturer variety, as all of the Michigan Plaintiffs purchased their vehicles from third parties rather than directly from New GM. That is fatal to their unjust enrichment claims. Accordingly, New GM’s motion to dismiss the Michigan Plaintiffs’ unjust enrichment claims is granted.

5. New York

The remaining New York Plaintiffs for purpose of this motion are Renate Glyttov, Nicole Mason, Donna Quagliana, and Bed-ford Auto Sales, Inc. Glyttov owned a 2009 Chevrolet HHR that she purchased as a certified pre-owned vehicle under warranty from a Chevrolet dealer on March 28, 2012, which had a Delta Ignition Switch defect and was also subject to the Power Steering recall. (FACC ¶ 213). Mason owns a 2010 Chevrolet Cobalt that she purchased new with an extended warranty from a dealership on May 17, 2010, which was subject to the Delta Ignition Switch and Power Steering recalls. (Id. ¶ 215). Quagliana owns a 2005 Chevrolet Cobalt that she purchased used and unwarranted from a dealership in 2013, which was subject to the Delta Ignition Switch recall. (Id. ¶ 216). Finally, Bedford Auto Sales, Inc. is a car dealership with its principal place of business in Bedford, Ohio, which purchased two vehicles from New York dealers — a 2010 Chevy Cobalt subject to the Delta Ignition Switch and Power Steering recalls and a 2009 Chevrolet Cobalt subject to the Delta Ignition Switch recall, purchased in December 2013 and January 2013 respectively — both of which it ultimately sold at a loss. (See id. ¶ 212).

Glyttov’s car shut off spontaneously on several occasions, including while she was driving on the highway; the car would also shut off when she was driving on bumpy roads or hit a pothole. (Id. ¶ 213). Also, on several occasions, the key would not turn and would become stuck in the ignition. (Id.). In May 2012, her ignition lock cylinder was replaced during a routine oil change. (Id.). Two years later, on June 11, 2014, her ignition keys and switch were replaced. (Id.). She received notification of the Power Steering recall in June 2014, but the notice indicated the parts were not then available; her power steering was finally serviced on December 10, 2014, and she ultimately traded in the car in 2015. (See id.). Mason’s car spontaneously shut off on at least three occasions, including when her daughter was driving the vehicle home from a test to get her driver’s license; twice the vehicle had to be towed because it would not restart. (Id. ¶ 215). Her car’s ignition switch was replaced in June 2014 under the recall, and she believes her power steering was serviced under the recall in or shortly after November 2014. (Id.). Quigliana’s car turned off on two occasions while her daughter was driving to school; she attempted to have the vehicle fixed "without success until she was told about the ignition switch recalls. (See id.). In 2015, after the ignition switch was repaired, the car was totaled in an accident. (Id.). Finally, Bedford Auto Sales, Inc. does not allege that either car it purchased manifested a defect. (Id. ¶ 212). After the recalls were announced, Bedford sought to get the cars repaired, but it was consistently informed that the ignition switch replacement parts were not available. (Id. ¶ 216). The dealership ultimately sold both cars at a loss in February and April 2015.

*429 Together, the New-York Plaintiffs bring claims against New GM under New York’s consumer protection law for deceptive acts and practices, NY. Gen. Bus. Law (“GBL”) §§ 349-350 (FACC ¶¶5161-5183); for common law fraudulent concealment (id. ¶¶ 5184-5197); for breach of implied warranty of merchantability, N.Y. U.C.C. § 2-314 (id. ¶¶ 5198-5207); for violations of the False Advertising Act, N.Y. Gen. Bus. Law § 350 (id. ¶¶ 5208-5216); and for unjust enrichment (id. ¶¶5239-5249). The Court will address each of these claims in turn.

a. GBL Section 349

New York consumer protection statute, General Business Law Section 349(a) (“Section 349”), prohibits “[d]ecep-tive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service.” To prove a claim under Section 349(a), a plaintiff must show, “first, that the challenged act or practice was consumer-oriented; second, that it was misleading in a material way; and third, that the plaintiff suffered injury as a result of the deceptive act.” Stutman v. Chem. Bank, 95 N.Y.2d 24 , 709 N.Y.S.2d 892 , 731 N.E.2d 608, 611 (2000). Conduct is materially misleading if it is “likely to mislead a reasonable consumer acting reasonably under the circumstances.” Oswego Laborers’ Local 214 Pension Fund v. Marine Midland Bank, N.A. , 85 N.Y.2d 20 , 623 N.Y.S.2d 529 , 647 N.E.2d 741, 745 (1995). Notably, however, “reliance is not an element of a [SJection 349 claim.” Stutman, 709 N.Y.S.2d 892 , 731 N.E.2d at 612 . Finally, as the parties’ briefing makes clear (compare GM Mem. 34 n.17 with Pls.’ Opp’n 36 & n.30), federal courts are divided over whether claims under Section 349 are subject to the heightened pleading standards of Rule 9(b). In a case that is presumably binding on this Court, the Second Circuit held in Pelman ex rel. Pelman v. McDonald’s Corp., 396 F.3d 508 , 511-12 (2d Cir. 2005), that the more relaxed standards of Rule 8(a) apply because Section 349 extends “well beyond common-law fraud to cover a broad range of deceptive practices.” But other courts have declined to follow Pelman when it comes to Section 349 claims sounding in fraud. See, e.g., Keegan v. Am. Honda Motor Co., Inc., 838 F.Supp.2d 929, 957-58 (C.D. Cal. 2012).

The Court need not resolve the question of whether Rule 9(b) applies to the New York Plaintiffs’ Section 349 claims because it would make no difference to the Court’s analysis or conclusions. First, all of Bedford Auto’s Section 349 claims are subject to dismissal because New York law requires a manifested defect for a plaintiff to recover on any claim and its vehicles did not manifest any of the alleged defects. (See FACC ¶¶ 209-212). Unlike in Michigan, there is no shortage in New York of case law on this point. Most relevant here is Frank v. DaimlerChrysler Corp., 292 A.D.2d 118 , 741 N.Y.S.2d 9 (2002), in which a putative class of plaintiffs brought claims for economic loss arising under Section 349 (as well common law fraud and breach of implied warranty claims), alleging a defect in the fpont seat backrests of certain vehicles that made the seats prone to collapse in the event of a rear-end collision. See id. at 11-12. The Frank Court found the plaintiffs’ claims had been properly dismissed because “plaintiffs must plead actual injuries or damages, resulting from defendants’ conduct, as an essential element of each” of their causes of action.” Id. at 12. In reaching that conclusion, the Court undertook an extensive review of existing case law in this District — which unanimously provided that “[p]urchasers of an allegedly defective product have no legally recognizable claim where the alleged defect has not jnanifest-ed itself in the product they own.” Hubbard v. General Motors Corp., No. 95-CV-4362, 1996 WL 274018 , at *3 (S.D.N.Y. *430 May 22, 1996); see also id. (“[A] Suburban that performs satisfactorily and never exhibits the alleged braking system defect is fit for the purposes intended and does not give rise to a breach of warranty claim or other.”); In re Canon Cameras, 237 F.R.D. 357, 360 (S.D.N.Y. 2006) (“[P]roof of malfunction is a prerequisite to any of plaintiffs’ claims [including under Section 349], and yet they do not meaningfully contest that the class they seek to certify likely consists in overwhelming measure of owners of cameras that did not malfunction at all.”); Weaver v. Chrysler Corp., 172 F.R.D. 96, 100 (S.D.N.Y. 1997) (“Where, as here, a product performs satisfactorily and never exhibits the alleged defect, no cause of action lies”).

The Frank Court also found support for its conclusion in precedents from other jurisdictions that had adopted the manifest defect requirement. See Frank, 741 N.Y.S.2d at 14-15 ; see also, e.g., Briehl v. Gen. Motors Corp., 172 F.3d 623, 628 (8th Cir. 1999) (dismissing claims regarding allegedly defective brakes where the plaintiffs “[had] not alleged that their ABS brakes [had] malfunctioned or failed” because, “[u]nder each of the theories” invoked by the plaintiffs, “damages constitutes an essential element of the cause of action”); Yost v. Gen. Motors Corp., 651 F.Supp. 656, 657 (D.N.J. 1986) (holding that a complaint alleging a design defect that was likely to cause damage and create safety hazards was insufficient to state a cause of action). Finally, the Court reasoned that “[p]ublic policy concerns” favored a manifest defect requirement — in particular, that “it would be manifestly unfair to require a manufacturer to become, in essence, an indemnifier for a loss that may never occur.” Frank, 741 N.Y.S.2d at 16 . Faced with a relative glut of adverse case law, the- New York Plaintiffs insist that the Frank Court would have come out the other way had the plaintiffs in the case alleged (as Bedford Auto does here (see FACC ¶ 212)) that they had sold their cars at a financial loss because of the defect. {See Pis.’ Opp’n 13-14). Some loose language in Frank aside, see 741 N.Y.S.2d at 17 (observing that the plaintiffs had not alleged injury in part because they did not allege that they had “attempted to sell, or sold an automobile at a financial loss because of the defect”), however, Plaintiffs conspicuously fail to cite any case departing from Frank on this ground. Moreover, such a distinction would do little or nothing to alleviate the public policy concerns raised in Frank . Plaintiffs try instead to rely on BMW Group, LLC v. Castle Oil Corp., 139 A.D.3d 78 , 29 N.Y.S.3d 253 (2016), in which the court found allegations that the defendant delivered “inferior, adulterated heating oil” rather than the higher-quality oil contracted for sufficient to sustain a claim for breach of express warranty. See id. at 254. But the BMW Court itself described “ ‘no injury" latent defect” cases like Frank as inapposite because those cases involved the production or sale of “a defective product” or the failure “to warn of the product’s danger,” rather than a “basic contract law” claim that the defendant “fail[ed] to uphold its end of the[] bargain and to deliver what was promised.” Id. at 256 . BMW Group is thus less persuasive in this context than the . multitude of cases cited by New GM. Accordingly, New GM’s motion to dismiss is granted with respect to Bedford Auto’s Section 349 claims. 20

*431 By contrast, the Section 349 claims of the remaining New York Plaintiffs — all of whom allege manifestation of their defects — largely survive New GM’s motion. First, New GM does not (and obviously cannot) dispute that its challenged acts were consumer-oriented. Second, given the seriousness of the alleged defects, New GM’s alleged misrepresentations (in the form of consumer-directed advertisements and reports) and omissions can be described as “materially misleading.” Third, the New York Plaintiffs all allege sufficient injury, as they assert that they would not have purchased, or paid as much for, their vehicles had they known about the alleged defects. Finally, to the extent the remaining New York Plaintiffs’ claims relate to the Delta Ignition Switch recall (Glyttov, Mason, and Quagliana), they satisfy Rule 9(b) for the reasons discussed above in connection with Alabama and Illinois. Mason’s vehicle — a 2010 Chevy Cobalt that she purchased in May 2010 — was also subject to the Power Steering recall. (See FACC ¶ 215). Notably, New GM contends that, like Illinois Plaintiff Painter, Mason’s car may have been part of the 2010 power steering recall (defeating any claim of concealment), but Mason has not alleged when in 2010 relative to her purchase that recall took place. Neither party disputes, however, that Glyttov’s car — also subject to the Power Steering recall at issue here — was not part of the earlier 2010 recall so that argument is not applicable to her claim. Glytow purchased her vehicle in March 2012 (id. ¶ 213); two years prior, in 2010, GM Canada had issued a recall for power steering defects in that model, and NHTSA had begun investigating the same issue with respect to New GM. (Id. ¶ 757). These allegations are sufficient to establish that New GM had knowledge of the alleged defect prior to Glytow’s purchase. Accordingly, New GM’s motion to dismiss is granted solely as Bedford Auto’s and Mason’s claims (in the latter case, only to the extent they are premised on the Power ’ Steering recall), but Mason (like Painter) is also granted leave to amend to allege when in 2010 the recall of her vehicle took place.-

b. Fraudulent Concealment

The Court turns next to the New York Plaintiffs’ common'law fraudulent concealment claims. (FACC ¶¶5184-5197). Notably,- New GM’s sole argument for dismissal of those claims is that they are barred by New York’s economic loss doctrine. (See GM Mem. 58-59; GM Reply 29 — 30). That rule generally “restricts plaintiffs who have suffered ‘economic loss,’ but not personal or property injury, to an action for the benefits of their bargain. If the damages' suffered are of the type remedial in contract, á plaintiff may not recover in tort.” EED Holdings v. Palmer Johnson Acquisition Corp., 387 F.Supp.2d 265, 277 (S.D.N.Y. 2004) (internal quotation marks omitted) (citing, inter alia, Schiavone Constr. Co. v. Elgood Mayo Corp., 56 N.Y.2d 667 , 451 N.Y.S.2d 720 , 436 N.E.2d 1322, 1323 (1982)). The rule indisputably applies to claims sounding in negligence or strict liability. See, *432 e.g., Computech Intern., Inc. v. Compaq Computer Corp., No. 02-CV-2628 (RWS), 2004 WL 1126320 , at *10 (S.D.N.Y. May 21, 2004) (citing cases). Whether fraud claims are barred, however, is a closer question. As this Court has observed before, most courts in this Circuit have declined to apply the economic loss rule to intentional torts, citing the absence of any New York authority to the contrary. See Weisblum v. Prophase Labs, Inc., 88 F.Supp.3d 283, 297-98 (S.D.N.Y. 2015); accord EED Holdings, 387 F.Supp.2d at 278 ; Computech Int'l, 2004 WL 1126320 , at *10.

That approach is bolstered by the fact that New York courts have long “routinely permitted” fraud claims for pure economic loss to proceed. EED Holdings, 387 F.Supp.2d at 278 ; see, e.g., First Bank of Americas v. Motor Car Funding, Inc., 257 A.D.2d 287, 690 N.Y.S.2d 17 , 21-22 (1999) (allowing fraud claims to advance despite alleging only economic damages with no mention of the economic loss doctrine); Strasser v. Prudential Sec., Inc., 218 A.D.2d 526 , 630 N.Y.S.2d 80, 81-82 (1995) (affirming a jury verdict on a cause of action for fraud); Stevenson Equipment, Inc. v. Chemig Construction Corp., 170 A.D.2d 769 , 565 N.Y.S.2d 318, 319-20 (1991) (upholding a jury verdict awarding the plaintiff economic recovery based on a claim of fraudulent concealment); Deerfield Comm. Corp. v. Chesebrough-Ponds, Inc., 68 N.Y.2d 954 , 510 N.Y.S.2d 88 , 502 N.E.2d 1003, 1004 (1986) (affirming a lower court’s denial of a motion to dismiss the plaintiff’s fraudulent concealment counterclaim where another counterclaim sounded in contract and the only alleged damages were purely economic). It is also consistent with the approach taken by many — if not most — other jurisdictions. See, e.g., Geneva Pharm. Tech. Corp. v. Barr Labs., Inc., 201 F.Supp.2d 236, 287 (S.D.N.Y. 2002) (New Jersey law); Orlando v. Novurania of America, Inc., 162 F.Supp.2d 220 , 226 n.2 (S.D.N.Y. 2001) (Connecticut law).

Some courts in the Circuit, however, have applied the economic loss rule to fraud claims under New York law. See, e.g., Kalimantano GmbH v. Motion in Time, Inc., 939 F.Supp.2d 392, 416-17 (S.D.N.Y 2013); GMA Accessories, Inc. v. ePartners Inc., No. 07-CV-8414 (LAK), 2008 WL 781188 , at *1 (S.D.N.Y. Mar. 19, 2008). But those courts have relied solely on Orlando , which, in turn, cited no authority for its conclusion, leading this Court and others to find it unpersuasive. See Weisblum, 88 F.Supp.3d at 298 ; EED Holdings, 387 F.Supp.2d at 278 . And while New GM invites the Court to revisit the issue on the basis of two New York Appellate Division cases not cited by the defendants in Weisblum (see GM Mem. 58-59 & n.28 (citing Weiss v. Polymer Plastics Corp., 21 A.D.3d 1095 , 802 N.Y.S.2d 174 (2005), and New York Methodist Hospital v. Carrier Corporation, 68 A.D.3d 830 , 892 N.Y.S.2d 110 (2009)), the Court declines the invitation. Assuming for the' sake of argument that two intermediate appellate court decisions clearly on point would warrant reconsideration, the two decisions are not quite as clearly on point as New GM would have them. In Weiss , for example, the Court referenced only “strict products liability and negligence” in its discussion of the economic loss rule and addressed the plaintiffs’ fraud claim separately. See 802 N.Y.S.2d at 175-76 . And New York Methodist involved claims for “negligent design and manufacture and breach of contract”; fraud is mentioned, but only in the context of a “cross motion” by the plaintiff (which was denied below) that sought “leave to replead so as to assert causes of action sounding in, among other things, fraud.” 892 N.Y.S.2d at 111. Notably, every subsequent decision citing these cases with respect to the economic loss doctrine has done so for the uncontroversial (and, for *433 present purposes, irrelevant) proposition that the doctrine bars strict products liability and negligence claims. See, e.g., 126 Newton St., LLC v. Allbrand Commercial Windows & Doors, Inc., 121 A.D.3d 651 , 993 N.Y.S.2d 558, 560-61 (2014) (citing both cases). New GM does not cite — and this Court has not found — a single decision that relies on either case for the proposition that the economic loss doctrine applies to intentional torts under New York law.

The Court thus adheres to the view that claims for intentional torts are not precluded by New York’s economic loss doctrine. Accordingly, New GM’s motion to dismiss the New York Plaintiffs’ fraudulent concealment claim on the ground that the doctrine does apply is denied (except with respect to Bedford Auto, as discussed above).

c. Unjust Enrichment

Finally, the New York Plaintiffs bring claims of unjust enrichment. To prevail on an unjust enrichment claim under New York law, a plaintiff must show that “(1) the defendant was enriched, (2) at the expense of the plaintiff, and (3) it would be inequitable to permit the defendant to retain that which is claimed by the plaintiff.” Koenig v. Boulder Brands, Inc., 995 F.Supp.2d 274, 290 (S.D.N.Y. 2014) (alteration omitted). As this Court has repeatedly held, however, “[i]t is one of the Veil-settled principles of New York law’ that ‘the existence of a valid and enforceable written contract governing a particular subject matter ordinarily precludes recovery in quasi contract for events arising out of the same subject matter.’ ” Downey v. Adloox Inc., 238 F.Supp.3d 514, 526 , No. 16-CV-1689 (JMF), 2017 WL 816141, at *7 (S.D.N.Y. Feb. 28, 2017) (quoting Superintendent of Ins. v. Ochs, 377 F.3d 209, 213 (2d Cir. 2004)); accord Grant & Eisenhofer, P.A. v. Bernstein Liebhard LLP, No. 14-CV-9839 (JMF), 2015 WL 1809001 , at *5 (S.D.N.Y. Apr. 20, 2015). “Unjust enrichment may be pleaded in the alternative, but only where there is ‘a bona fide dispute as to whether a relevant contract exists or covers the disputed issue.’ ” Downey, 2017 WL 816141, at *7 (emphasis added) (quoting Marshall v. Hyundai Motor Am., 51 F.Supp.3d 451, 471 (S.D.N.Y. 2014)). 21 Here, two New York Plaintiffs— Glyttov and Mason — purchased their cars subject to express warranties (see FACC 1111213, 215), and neither disputes the validity of those warranties. That dooms their claims.

In any event, all of the New York Plaintiffs’ unjust enrichment claims fail for a separate reason: Because they have adequate remedies at law. The Second Circuit has repeatedly reaffirmed that unjust enrichment under New York law “is an equitable claim that is unavailable where an adequate remedy at law exists.” Fed. Treasury Enter. Sojuzplodoimport v. Spirits Int’l N.V., 400 Fed.Appx. 611, 613 (2d Cir. 2010) (summary order); accord Norris v. Grosvenor Mktg., 803 F.2d 1281 , 1287 (2d Cir. 1986); Samiento v. World Yacht Inc., 10 N.Y.3d 70 , 854 N.Y.S.2d 83 , 883 N.E.2d 990, 996 (2008). Once again, Plaintiffs’ only retort is that unjust enrichment may be pleaded in the alternative at this stage of the litigation. (See Pls.’ Opp’n 31-32). But this Court has previously rejected that argument in light of Corsello v. Verizon N.Y., Inc., 18 N.Y.3d 777 , 944 N.Y.S.2d *434 732 , 967 N.E.2d 1177 (2012), in which the New York Court of Appeals held that “an unjust enrichment claim ‘is not available where it simply duplicates, or replaces,- a conventional contract or tort claim.” Weisblum, 88 F.Supp.3d at 297 (quoting Corsello, 944 N.Y.S.2d 732 , 967 N.E.2d at 790 ). Other courts in this Circuit agree: “[T]he accusations surrounding the plaintiffs unjust enrichment claim overlap with her fraud, fraudulent concealment, express warranty, and [Section] 349 claims, all of which may proceed. She therefore may not bring an unjust enrichment claim as a catch-all cause of action where she adequate pleads that the defendants committed the recognized tort of fraud and breached an express warranty.” Mahoney v. Endo Health Sols., Inc., No. 15-CV-9841 (DLC), 2016 WL 3951185 , at *11 (S.D.N.Y. July 20, 2016). In light of these precedents, and Plaintiffs’ failure to point to any post- Corsello' case law to the contrary, all of the New York Plaintiffs’ unjust enrichment claims fail; Accordingly, New GM’s motion to dismiss on this count is granted.

6. Pennsylvania

The remaining Pennsylvania Plaintiffs for purposes of this action are Janice Bag-ley, Raymond Berg, Paul' Pollastro, and David Schumacher. Bagley owns a 2007 Chevrolet Cobalt that she purchased used under a thirty-day warranty from a private seller in 2013, which was subject to the Delta Ignition Switch recall. (FACC ¶ 243). Berg owns a 2012 Chevrolet Traverse that he purchased used from a dealership in October 2013 along with an additional warranty; the car was ultimately subject to the Side Airbag recall. (Id. ¶ 244). Pollas-tro owns a 2007-Chevrolet Cobalt that he purchased as a certified pre-owned vehicle under limited warranty from a dealership on November 22, 2010, which was subject to the Delta Ignition Switch récall; (Id. ¶248). And finally, Schumacher owns a 2008 Buick Enclave that he purchased used from a dealership along with an extended warranty on May 30, 2014, which was subject to the Side Airbag defect recall. (Id. ¶ 249). -

Berg does not allege that his car ever manifested any defect; nor did he receive a recall notice for the side airbag defect— although he has had the car serviced and other recall repairs. (7⅛¶ 244). Baglejfs car experienced two stalling events within the first month of ownership — and a third event only a few weeks later. (Id. ¶ 243). In February 2014, she was in an- accident after a deer ran in front of her car, but the airbags did not deploy. (Id.). Bagley had the ignition switch replaced in June or July 2014, presumably pursuant to the recall. (See id.). In Pollastro’s case, the key began to stick in the ignition switch shortly after his purchase of the car in the summer of 2011; he took the vehicle to a dealership, which identified the issue as a problem with the floor shifter. (Id. ¶ 248). He had the ignition switch replaced on July 24, 2014, after the recall was announced, but the first replacement switch failed, requiring a two-day repair period. (Id.). Additionally, Pollastro had to return to the dealership afterward because the new key did not properly match the new ignition switch. (Id.). Finally, the power steering in Schumacher’s car went out within the first day of ownership while he was turning through a major intersection, nearly causing an accident. (Id. ¶ 249). He has also experienced other defects with the car, including issues with the power hatch, but he does -not allege that the side airbag defect has manifested itself and he never had the car repaired. (See id.).

The Pennsylvania Plaintiffs bring claims against New GM under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”), 73 P.S. § 201-1 et seq, (FACC ¶¶ 5937-5959); for common law fraudulent concealment (id. *435 ¶¶ 5960-5973); for breach of the implied warranty of merchantability, 13 PA. Const. Stat. Ann. § 2314 (id. ¶¶ 5974-5983); and for unjust enrichment (id. ¶¶ 6006-6016). The Court will address each of these claims in turn. Before doing so, however, the Court briefly addresses two threshold issues raised by New GM: whether Pennsylvania’s economic loss doctrine bars .all of Plaintiffs’ UTPCPL and common law claims and whether Berg’s and Schumacher’s claims are subject to dismissal because the defects that they allege did not manifest in their vehicles. (See, e.g., GM Mem. 16-17, 47, 56-57).

a. Economic Loss Doctrine

In Werwinski v. Ford Motor Co., 286 F.3d 661 (3d Cir. 2002), the Third Circuit held, based on its prediction at the time of how the Pennsylvania Supreme Court would rule on the issue, that the economic loss doctrine applies not only to claims of negligence, but also to claims under the UTPCPL and to intentional torts. See id. at 674-82 . As other courts have explained, however, there are many reasons to doubt the soundness of Wer-iirinski’s prediction, particularly with the passage of time. See, e.g., Landau v. Viridian Energy PA LLC, 223 F.Supp.3d 401, 411-415 (E.D. Pa. 2016); DeFebo v. Andersen Windows, Inc., 654 F.Supp.2d 285, 293-94 (E.D. Pa. 2009); O’Keefe v. Mercedes-Benz USA LLC, 214 F.R.D. 266, 276 (E.D. Pa. 2003); Smith v. Reinhart Ford, 68 Pa. D. & C. 4th 432, 437-38 (C.P. Lanc. 2002); Zwiercan v. General Motors Corp., 58 D. & C. 4th 251, 266-70, 2002 WL 31053838 (C. P. Phila. 2002). In fact, citing intervening decisions by the lower Pennsylvania courts, several district courts within the Third Circuit itself have gone so far as to decline to follow Werwinski. See, e.g., Landau, 223 F.Supp.3d at 410 -415 (citing cases). The Third Circuit’s decision, of course, is not even arguably binding on this Court. But in any event, the Court concludes,' substantially for the reasons provided by the Landau Court, that the more recent cases have the better of the argument — at least with respect to claims under the UTPCPL. See id. After all, the economic loss rule is a common law doctrine, while the UTPCPL is “a statute in derogation of common law.” Id. (internal quotation marks omitted). A “judicially' created limitation cannot simply be en-grafted onto a statute.” Id.

Whether the economic loss doctrine bars Plaintiffs’ fraudulent concealment claims is a closer question, however, as the more recent case law has focused predominantly on the UTPCPL. See, e.g., id.; see also DeFebo, 654 F.Supp.2d at 293-94 . Moreover, at least two federal courts have followed Werwinski to dismiss fraudulent concealment claims in similar cases. See In re Takata, 193 F.Supp.3d at 1341-42 ; Martin v. Ford Motor Co., 765 F.Supp.2d 673, 684 (E.D. Pa. 2011). But again, this Court is not bound by Wenvin-ski (as the Martin Court was). And there are good reasons to predict that, if confronted with the question, the Pennsylvania Supreme Court would hold that the economic loss doctrine does not apply to intentional torts. As the Court in O’Keefe noted, “before the Werwinski panel’s decision, Pennsylvania’s Common Pleas Courts were apparently unanimous in refusing to apply the economic loss doctrine even in common law intentional fraud claims.” 214 F.R.D. at 276 (citing cases). And there are strong public policy reasons to “leav[e] the possibility of an intentional tort suit hanging over the head of a party considering outright fraud.” Air Prods. Chems., Inc. v. Eaton Metal Prods. Co., 256 F.Supp.2d 329, 336 (E.D. Pa. 2003). That is, “the economic loss doctrine is premised on the notion that parties to a contract may protect themselves from negligence or defective products by negotiating the liability *436 terms of the contract. ... [I]n both theory and practice, it is impracticable, if not impossible, for parties to negotiate terms regarding what happens if one of them is intentionally deceiving the other.” Id.) see also O’Keefe, 214 F.R.D. at 278 . Thus, the Court concludes that the economic loss doctrine does not call for dismissal of the Pennsylvania Plaintiffs’ common law fraud claims either.

b. Manifestation

Next, the Court turns to the question of whether Pennsylvania law allows a plaintiff to sue for economic loss in the absence of a manifested defect. 22 The Court begins with Plaintiffs’ claims under the UTPCPL. New GM’s argument that those claims are barred rests almost exclusively on the holding of the Third Circuit in Angus v. Shiley, Inc., 989 F.2d 142 (3d Cir. 1993). There, the plaintiff brought claims for intentional infliction of emotional distress (“IIED”), negligent infliction of emotional distress, and punitive damages against the manufacturer of her heart valve, alleging that the valves were prone to malfunction — and, crucially, that this knowledge caused her (and other recipients) “harm” in the form of “severe mental anguish, anxiety, fear,” and the like. See id. at 143-44 . In predicting how the Supreme Court of Pennsylvania would rule, the Third Circuit concluded:

It seems to us that the Supreme Court of Pennsylvania would find no relief may be granted on the allegations of the complaint here for two independent reasons, either of which would bar this action. First, ... Angus has not alleged that the valve implanted in her is defective, a prerequisite to liability in a products liability action. ... Second, Angus has not suffered a compensable injury as the direct impact from the manufacture, sale, and implanting of the valve was on her emotional state and the allegations of this case will not support a recovery for emotional injuries.

Id. at 147 (citations omitted). On its face, then, Angus is distinguishable from this case because Plaintiffs here do allege that their vehicles were defective (even if the defect had not yet manifested), and because Plaintiffs allege injuries outside of the emotional realm. Additionally, much of the Angus Court’s reasoning was specific to IIED claims. See id. at 148 (“If the Supreme Court of Pennsylvania recognized a cause of action for intentional infliction of emotional distress on the allegations of Argus’s complaint, it effectively would sanction a large, if not vast, number of lawsuits by consumers who obtained properly functioning valves.”); see also id. at 147 (“[Biased on the cases involving the infliction of emotional distress, we are convinced that the district court correctly found that no basis for relief was stated in *437 Angus’s complaint.”). But the elements necessary to prevail on an IIED claim differ materially from the elements of a UTPCPL claim. Compare Hoy v. Angelone, 456 Pa.Super. 596 , 691 A.2d 476, 482 (1997), as aff'd 554 Pa. 134 , 720 A.2d 745 (1998), with Hunt, 538 F.3d at 223. New GM is correct that other courts have cited Angus as evidence that the Pennsylvania Supreme Court would require a manifest defect in the UTPCPL context — but every one of those courts has done so in a string cite and without grappling with the distinction between IIED and consumer fraud claims. See, e.g., Bridgestone/Firestone, 288 F.3d at 1017 ; Ziegelmann v. DaimlerChrysler Corp., 649 N.W.2d 556, 561 (N.D. 2002) (parenthetical quoting Angus’s holding with respect to “a cause of action for [IIED] ”); Tietsworth v. Harley-Davidson, Inc., 270 Wis.2d 146 , 677 N.W.2d 233, 240 (2004) (same). The Court thus agrees with Plaintiffs that Angus is neither controlling nor particularly helpful here.

That

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