Cavanaugh

Cavanaugh v. Fanatics, LLC

Good Law
United States District Court, Eastern District of CaliforniaJune 26, 20241:22-cv-01085California6,362 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAKE CAVANAUGH, on behalf of No. 1:22-cv-01085 JLT SAB himself and all others similarly situated, ORDER GRANTING DEFENDANT’S Plaintiff, MOTION TO COMPEL ARBITRATION AND STAY ACTION v. (Doc. 11)

FANATICS, LLC,

15 Defendants. 16 Jake Cavanaugh asserts in this putative class action that Fanatics uses “deceptive and untruthful promises to provide ‘free’ or flat, low-cost shipping on orders of sports merchandise ordered through its website” but “surreptitiously adds a so-called ‘Handling Fee’ of $1.99 to all orders.” (Doc 1-1 at ¶¶ 1–2.) On behalf of himself and others similarly situated, he seeks to hold Fanatics liable for violation of California’s Unfair Competition Law (id. at 11), violation of the Consumers Legal Remedies Act (id. at 13), and breach of contract (id. at 14), and seeks damages, as well as “injunctive relief that fairly allows consumers to decide whether they will pay Fanatics’ shipping…

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