Allen

I. BACKGROUND

Plaintiff resides in Olathe, Kansas and has children who attend schools in the Olathe School District. Complaint (“Compl.”) ¶¶ 7, 26, 30, ECF 1-1. Defendants are in the business of selling school pictures, by contracting with schools to provide bi-annual portrait sessions within schools and sell the portraits to students’ parents and guardians. Id. ¶ 1. Defendants have described themselves as “the national leader in school portraits.” Id. ¶ 18. Plaintiff’s claims arise from the pictures sold through a “Family Approval” model. Compl. ¶ 2. Under this model, the students’ portraits are taken in school; the students are sent home with the portraits (and/or other products printed with the students’ pictures); and their parents or guardians are directed to pay for the products or return them. Id. ¶ 26. Parents and guardians are not asked to and do not pre-order the portraits and products. Id. ¶ 48. Plaintiff alleges that Defendants sent unordered portraits and/or products home with Plaintiff’s children each spring during the past three years under the Family Approval model. Id. ¶¶ 29-30. …