McGhee

I. BACKGROUND

22 This action arises out of an alleged “bait and switch” scheme by Defendant North 23 American Bancard, LLC (“Defendant”). The theory of Bennett’s case is that Defendant 24 promised its customers a specific pay-as-you-go service but failed to deliver by eventually 25 assessing fees. 26 Defendant offers mobile payment solutions that provide nationwide customers, 27 including individuals, small business owners, and merchants, “convenient, low cost point 28 of sale credit card payment processing services, including credit card readers that can be connected to mobile devices.” (Doc. No. 165-1 at 8.) Between 2011 and May 2018, Defendant offered one “pay-as-you-go” program under two brand names: “PayAnywhere” and “PhoneSwipe” (the “Service” or, collectively, the “Services”). These two brands were ultimately combined under the “PayAnywhere” name in May 2018. Both Services were originally sold as a purely no out-of-pocket or pay-as-you-go offering. To obtain the credit card processing services, merchants were required to apply on either payanywhere.com or phoneswipe.com. This application required prospective merchants, such as Bennett, to…