Postpichal

INTRODUCTION

19 In this putative class action, plaintiffs allege a RICO claim against a phone retailer and 20 cellular service provider for overcharging customers for 4G phones and wireless plans in areas 21 without 4G coverage. Defendant moves to dismiss.

STATEMENT

23 Plaintiffs allege that Cricket put profits over principles by selling 4G LTE plans and 24 phones despite knowing full well that its service fell far short of providing 4G LTE coverage to 25 most customers (TAC ¶ 1). Cricket’s designation of its wireless service plans as “4G” stands 26 for fourth generation — successors to second and third generation networks — that offer users 27 faster speeds on devices capable of connecting to the next generation network. “LTE” stands for long-term evolution, a designation used to indicate improving wireless speeds that can adapt to increasing demand. These terms appeared together on Cricket’s marketing materials and packaging in the form of logos and statements. Cricket had its own 3G network and a more limited 4G LTE network, but faced obsolescence if it could not keep up with consumer demand for faster 4G coverage in more areas (TAC ¶…