In Re Easysaver Rewards Litigation

ORDER:

GRANTING IN PART AND DENYING IN PART DEFENDANT PROVIDE COMMERCE’S MOTION TO DISMISS

DENYING DEFENDANT ENCORE MARKETING INTERNATIONAL’S MOTION TO DISMISS

GRANTING PLAINTIFFS’ MOTION TO STRIKE

Before the Court are separate motions to dismiss by the two Defendants in this class action consumer rights case. The Court submitted the motions on the written briefs. Local Civ. R. 7.1(d)(1). For the reasons stated below, the Court DENIES the motion to dismiss by Defendant EMI, and GRANTS IN PART hand DENIES IN PART the motion by Defendant Provide.

I. Factual Allegations in Consolidated Complaint

The Consolidated Complaint alleges that Defendant Provide-Commerce, Inc. (hereinafter “Provide” or “Provide-Commerce”) operates several internet businesses, including ProFlowers.com. Customers order fresh flowers, bouquets, and plants on the ProFlowers’ website and pay for the purchase with a credit or debit card. The four named Plaintiffs are Josué Romero, Deanna Hunt, Kimberly Kenyon, and Gina Bailey. Each consumer purchased flowers on Provide’s website between February and September 2009 with a credit or debit card.

Plaintiffs allege that Provide, as a part of its “revenue…