LifeLock 2015 Annual Report Download - page 297

Case 3:15-cv-00258-HSG Document 49-1 Filed 11/04/15 Page 139 of 289
confuse customers and prevent them from bringing legitimate claims and/or canceling their services.
150. Upon information and belief, LifeLock knowingly violated the terms of the FTC Order and used false, misleading, and deceptive
representations and/or omissions in the advertising, marketing, and sales of its services.
151. As a result of LifeLock’s misrepresentations and omissions, LifeLock’s members paid substantial fees, were injured and sustained damages in an
amount to be proven at trial. These damages include, at a minimum, payments of monthly charges for services that were not as represented and payments for a
service that is illegal for a company such as LifeLock to perform.
COUNT II
BREACH OF CONTRACT
152. Plaintiffs repeat and reallege all preceding paragraphs contained herein.
153. By contract, LifeLock agreed to provide Plaintiffs and the members of the Class Membership Plans and protections as advertised.
154. LifeLock breached its contracts with Plaintiffs and the members of the Class by failing to provide the benefits and/or protections as promised.
155. As a direct and proximate result of Defendant’s breach, Plaintiffs and the Class are entitled to all damages arising from the breach of contract.
COUNT III
UNJUST ENRICHMENT
156. Plaintiffs repeat and reallege all preceding paragraphs contained herein.
157. Plaintiffs and the Class conferred benefits upon the Defendant by paying Membership Fees for the promised identity theft protections and
services.
158. Although LifeLock received earnings and benefits from the sale of its Membership Plans and the collection of Membership Fees, LifeLock
retained these revenues under conditions that would constitute an unjust enrichment of those revenues.
1279432.1 - 33 - AMENDED CLASS ACTION COMPLAINT
CASE NO. 3:15-CV-258