Houtchens

I. BACKGROUND

26 Fitbit manufactures smartwatches and activity trackers. Krems Decl. ¶ 2, ECF No. 21-1. 27 Google acquired Fitbit in January 2021 and now manufactures, distributes, and sells Fitbit products. Complaint ¶¶ 23-24, ECF No. 1. To use certain features of a Fitbit smartwatch, a person must create a Fitbit account. See Krems Decl. ¶ 4; Gustafson Decl. ¶¶ 3-6; Opp’n 2. The person can create a Fitbit account by registering (1) online at Fitbit.com; (2) through the Fitbit desktop application or a similar application; and (3) through the Fitbit mobile application. Id. ¶¶ 6-7. No matter which of these methods the person uses to create an account, he or she will be presented with a blue hyperlink to Fitbit’s Terms of Service and will be required to check a box indicating that he or she “agree[s] to the Fitbit Terms of Service.” Id. ¶ 7. Plaintiffs purchased Fitbit smartwatches and created Fitbit accounts. Houtchens purchased a Fitbit Versa Light in December 2020. Houtchens Decl. ¶ 2, ECF No. 31-1. Shortly thereafter, Houtchens created a Fitbit account for her daughter. Id. ¶ 5. Ramirez purchased a Fitbit…