Chapman

Melissa Chapman, individually and on behalf of others similarly situated, appeals the dismissal of her class action complaint against Skype Inc. (Skype) after the sustaining of a demurrer without leave to amend. She alleges that Skype advertises its voice over Internet protocol calling plans as “Unlimited” when, in fact, the plans are limited as to the number of minutes per day and month and the number of calls per day. She contends she has adequately alleged counts for violation of the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.), the false advertising law (Bus. & Prof. Code, § 17500), and the Consumers Legal Remedies Act (CLRA) (Civ. Code, § 1750 et seq.), intentional and negligent misrepresentation, and unjust enrichment.

After a review of the record, we conclude that Chapman has adequately alleged counts for violation of the UCL, the false advertising law, and the CLRA based on deceptive advertising. She has failed, however, to allege her counts for intentional and negligent misrepresentation with sufficient specificity as to actual reliance, but she is entitled to an opportunity to amend her complaint as to those counts. She also is entitled to…