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Hertz Corp. v. Accenture LLP

Alleged Misrepresentations 'Puffery' or Failed to Meet Rule 9(b)'s Pleading Requirements

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MEMORANDUM & ORDER   Plaintiff the Hertz Corporation (“Hertz”) brings this action against Defendant Accenture LLP (“Accenture”) for breach of contract and violations of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”). Accenture moves to dismiss Hertz’s FDUTPA claim pursuant to Federal Rule of Civil Procedure 12(b)(6) and also seeks to dismiss any claims by Hertz for consequential damages, including lost profits. For the following reasons, Accenture’s motion is granted in part and denied in part. BACKGROUND The allegations in the Complaint are presumed true on this motion. In 2016, Hertz decided to undergo a digital makeover by developing a new website and a suite of complementary mobile applications for its vehicle rental brands (the “Project”). (Corrected First Am. Compl., ECF No. 26 (“Compl.”), 23.) Since Hertz did not have the necessary expertise, it solicited proposals from technology service firms, including Accenture. Ultimately, Hertz hired Accenture following a one-day marketing presentation, in which Accenture touted its world-class expertise in website and mobile application development. (Compl.

26, 83.) The presentation contained slides stating that Accenture’s staff consisted of “800 [e]xperts” who comprised “[t]he best talent in the world.” (Compl. 83.) The presentation also stated “[w]e’ve got the skills you need to win” and that Accenture would “put the right team on the ground [from] day one.” (Compl. 83.) The Project was to be conducted in phases, and the services and deliverables for each phase were, in turn, specified in letters of intent (“LOIs”) and corresponding statements of work (“SOWs”). (Compl. 27.) The LOIs and SOWs were governed by a Consulting Services Agreement between Hertz and Accenture that had been in place since 2004. (Compl.

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