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

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