LifeLock 2015 Annual Report Download - page 172

Case 3:15-cv-00258-HSG Document 49-1 Filed 11/04/15 Page 14 of 289

by, between, and among Plaintiffs Napoleon Ebarle, Jeanne Stamm,
Brian Litton, and Renier Jerome Ebarle (collectively, “Plaintiffs”) and Defendant LifeLock, Inc. (“LifeLock”), with all terms as
defined below, through their counsel, that the action entitled Ebarle, et al. v. LifeLock, Inc., Case No. 3:15-CV- 00258 HSG (N.D.
Cal.) (the “Action”) is settled and judgment shall be entered on the terms and conditions set forth in this Settlement Agreement,
subject to the Court’s approval.
I. 
A. On January 22, 2015, LifeLock was served with a Class Action Complaint filed by Plaintiffs Napoleon Ebarle and
Jeanne Stamm alleging that LifeLock’s advertisements regarding its identity theft protection services violated Arizona’s Consumer
Fraud Act, Ariz. Rev. Stat. § 44-1522(A) (“ACFA”), for which they sought declaratory judgment, compensatory damages, attorneys’
fees, and costs. LifeLock responded by filing a Motion to Dismiss the Complaint on March 6, 2015. In lieu of responding to
LifeLock’s Motion to Dismiss, Plaintiffs amended their Complaint on March 27, 2015, to add Brian Litton as a Plaintiff and to
expand upon their allegations and causes of action. In their First Amended Complaint (“FAC”), Plaintiffs generally allege that
LifeLock makes numerous representations which it does not deliver upon. Plaintiffs allege these misrepresentations fall into four
categories: (1) LifeLock’s promise to provide “comprehensive” services in detecting fraud; (2) LifeLock’s promise to provide timely
and continuous alerts of potential fraud twenty-four hours a day, seven days a week, three hundred sixty-five days a year; (3)
LifeLock’s promise regarding its information security program; and (4) LifeLock’s promise to provide a “$1 Million Total Service
Guarantee,” which, as the promise suggests, purports to provide insurance in an amount up to
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