LifeLock 2015 Annual Report Download - page 294

Case 3:15-cv-00258-HSG Document 49-1 Filed 11/04/15 Page 136 of 289
130. Plaintiff Reiner Jerome Ebarle subscribed to LifeLock in mid-2012. Since that time, Plaintiff Reiner Ebarle has paid LifeLock a fee of $9 per
month, or $108 a year.
131. Based on LifeLock’s advertisements and representations, Plaintiff Reiner Ebarle understood and/or had the impression that LifeLock would
protect against any attempt to steal his identity or fraudulently procure credit under his name and send him timely alert notifications. Based on his
understanding, Plaintiff Reiner Ebarle submitted his personal information to LifeLock.
132. At no time relevant hereto was Plaintiff Reiner Ebarle aware that LifeLock was not permitted to submit fraud alerts on her behalf; that
LifeLock’s consumer alert notification services were routinely disabled by the Company; or that LifeLock’s technology and personnel were deficient and
incapable of protecting the security, confidentiality, and integrity of personal information collected from or about consumers as promised.
133. As such, Plaintiffs were charged and paid fees for services that were not as represented, were illegal for the Company to perform, were non-
existent, and/or virtually worthless.
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134. The applicable statutes of limitations are tolled by virtue of Defendant’s knowing and active concealment of the facts alleged above. Plaintiffs
and class members were ignorant of the information essential to the pursuit of these claims, without any fault or lack of diligence on their own part.
135. At the time this action was filed, Defendant was under a duty to disclose the true, character, quality, and nature of LifeLock’s services to
Plaintiffs and the Class. Defendant is therefore estopped to rely on any statute of limitations.
136. Defendant’s fraudulent concealment is common to the Class.
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137. Plaintiffs bring this action against LifeLock as a class action pursuant to the Federal Rules of Civil Procedure 23(a) and 23(b)(2) and (b)(3)
1279432.1 - 30 - AMENDED CLASS ACTION COMPLAINT
CASE NO. 3:15-CV-258