LifeLock 2015 Annual Report Download - page 298

Case 3:15-cv-00258-HSG Document 49-1 Filed 11/04/15 Page 140 of 289
159. As a direct and proximate result of Defendant’s actions, Plaintiffs and the Class are entitled to restitution on the full amount by which the
Defendant has been unjustly enriched and should be required to disgorge same to Plaintiffs and the Class.
COUNT IV
DECLARATORY JUDGMENT
160. Plaintiffs hereby repeat and reallege all preceding paragraphs contained herein.
161. An actual case and controversy within the meaning of the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, which may be
adjudicated by this Court exists between Plaintiffs and proposed class members, and the Defendant.
162. Plaintiffs and all members of the proposed class have, had, or were subscribers of one of Defendant’s fee-based Membership Plans. Defendant’s
Terms and Conditions provide that its insureds are treated consistent with the requirements of the laws and regulations of Arizona. Thus, per the governing
contract, Arizona law controls how the Defendant’s customers must be treated by Defendant.
163. At the same time, the relationship between Defendant and its customers was subject to the FTC Order entered between Defendant and the FTC
in 2010, which specifically enjoins LifeLock from misrepresenting, expressly or by implication, “the means, methods, procedures, effects, effectiveness,
coverage, or scope” of LifeLock’s services.
164. Defendant, as a general policy and business practice, represented or created the impression that LifeLock’s Membership Plans provide: (a)
protection from fraud or unauthorized account charges or “peace of mind”; (b) a solution to financial security; (c) live member support 24/7/365 and up-to-
the-minute “alerts” of any threat of identity theft; and (d) a $1 million total service guarantee.
165. Accordingly, Defendant has violated, and continues to violate, Arizona law and the FTC Order and Plaintiffs are entitled to declaratory relief.
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WHEREFORE, Plaintiffs, individually and on behalf of all others similarly situated, respectfully request that this Court:
1279432.1 - 34 - AMENDED CLASS ACTION COMPLAINT
CASE NO. 3:15-CV-258