Taylor

I. BACKGROUND

24 This action arises out of Plaintiff’s purchase of one of Defendant’s promotions on a third- 25 party website owned by Groupon, Inc. (“Groupon”). See generally First Amended Class Action 26

27 1 Plaintiff seeks to represent two classes, one titled as “Groupon Deal Class” and the other dubbed 1 Complaint (“FAC”), ECF 62. Plaintiff alleges that the promotions Defendant sells on Groupon (the 2 “Shutterfly Groupon Promotions”) do not sufficiently disclose the restrictions applicable to them. 3 See id. On or about November 15, 2017, Plaintiff purchased a Shutterfly Groupon Promotion which 4 offered “$75 to spend at Shutterfly” for $50. FAC ¶ 15. Plaintiff claims that “[n]othing in the 5 Shutterfly Groupon Promotion alerted Plaintiff, nor would anything alert a reasonable consumer, 6 that the Shutterfly Groupon Promotion would (1) not provide a dollar credit or (2) not provide a net 7 savings at Shutterfly equal to the difference between the amount paid for the Groupon (in her case 8 $50) and the amount that could be spent at Shutterfly (in her case $75).” FAC ¶ 16. Indeed, “when 9 Plaintiff attempted to use the Shutterfly Groupon Promotion…