LifeLock 2015 Annual Report Download - page 295

Case 3:15-cv-00258-HSG Document 49-1 Filed 11/04/15 Page 137 of 289
138. Plaintiffs seek certification of this action on behalf of the following class (the “Class”): all persons in the United State who are or were, during
January 19, 2009, through the resolution of this matter (the “Class Period”) subscribers of LifeLock’s fee-based theft protection services. Excluded from the
Class are Defendant, any parent, subsidiary, affiliate, or controlled person of Defendant, as well as the officers, directors, agents, servants or employees of
Defendant and the immediate family members of any such person. Also excluded is any judge who may preside over this cause of action.
139. The exact number of the Class, as herein identified and described, is not known, but it is estimated to number in the thousands. The Class is so
numerous that joinder of individual members herein is impracticable.
140. There are common questions of law and fact in the action that relate to and affect the rights of each member of the Class and the relief sought is
common to the entire Class. In particular, the common questions of fact and law include:
(A) Whether Defendant’s alert notification services were subject to regular delays and/or shut-downs;
(B) Whether Defendant failed to maintain compliance with the FTC Order;
(C) Whether Defendant’s technology and safeguards were deficient to deliver the protections as promised;
(D) Whether Arizona law applies to the putative Class; and
(E) Whether members of the Class have sustained damages, and, if so, in what amount.
141. The claims of the Plaintiffs, who are representative of the Class herein, are typical of the claims of the proposed Class, in that the claims of all
members of the proposed Class, including the Plaintiffs, depend on a showing of the acts of Defendant giving rise to the right of Plaintiffs to the relief sought
herein. There is no conflict between the individually named Plaintiffs and other members of the proposed Class with respect to this action, or with respect to
the claims for relief set forth herein.
1279432.1 - 31 - AMENDED CLASS ACTION COMPLAINT
CASE NO. 3:15-CV-258