Amber Anderson v. United Parcel Service of America, Inc.

I. Background

A. Procedural History On November 22, 2023, Plaintiffs filed this putative class action in Los Angeles Superior Court, alleging that UPS’s Website Terms of Use contains a non-disparagement clause in violation of California Civil Code section 1670.8 (the Yelp Law). Dkt. 1-1 ¶ 25-28. UPS removed the case on January 5, 2024 under the Class Action Fairness Act (CAFA), 28 U.S.C. § 1332(d)(2). Dkt. 1 ¶ 2. On March 13, 2024, UPS moved to dismiss Plaintiffs’ complaint for failure to state a claim. Dkt. 15. On May 17, 2024, the Court granted UPS’s motion to dismiss with leave to amend, ordering Plaintiffs to file an amended complaint by June 17, 2024. Dkt. 20 (Ord.). Plaintiffs timely filed a first amended complaint (FAC), dkt. 21, and on July 22, 2024, UPS moved to dismiss the FAC for failure to state a claim. On August 15, 2024, Plaintiffs moved for remand, arguing that the FAC does not assert that Plaintiffs have suffered an “injury in fact” as required to satisfy Article III standing requirements. Mot. at 4. B. Factual Allegations Plaintiffs are six California residents who “visited and used [UPS’s] website, ups.com, to complete at least one sales transaction…