Stemmelin

INTRODUCTION

17 In this false and deceptive advertising putative class action, defendants move to dismiss 18 for lack of standing and for failure to state a claim. For the following reasons, the motion is

GRANTED.

STATEMENT

21 Defendants, Matterport, Inc., and its officers, market “3D cameras that create 3D models 22 of real-world places, which have many potential applications, including in connection with real 23 estate sales.” Supporting these cameras, defendants also offer services such as software for 24 three-dimensional image manipulation and cloud storage and advertise the Matterport Service 25 Partner program, which provides perks such as “[p]re-qualified local leads seeking 3D 26 scanning services” and all “the necessary resources and materials you need to sell Matterport 27 on your own and generate business too.” Allegedly, defendants pitch the program as a way to “[b]e your own boss, set your own hours, and earn what you want. For only $4,100[] in up- front investment and minimal training, you’ll be on your way to a lucrative, self-owned business.” Beneath this shiny exterior, however, plaintiffs allege several problems. …