Watson

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

LISA WATSON and ANGELA KEERS, No. 2:23-cv-01770-DJC-CKD individually and on behalf of all those similarly situated,

Plaintiffs, ORDER

v.

CRUMBL LLC, CRUMBL, IP, LLC, CRUMBL FRANCHISING, LLC, and CRUMBL ENTERPRISES, LLC,

Defendants.

California law generally prohibits businesses from misrepresenting the costs of

their products. Here, Crumbl, which sells a variety of gourmet cookies, added a 2.95%

service fee to each order. While not disclosed in Crumbl’s app used to purchase cookies, during checkout users could click a question mark icon on a line reading “Taxes and Fees” which would send the user to a different screen that would breakout the applicable taxes as well as the 2.95% Service Fee. The principal issue before the Court is whether a reasonable customer would be misled by the advertised prices for the cookies, which did not include the service fee. Concluding that Plaintiffs have adequately alleged…