1.  An order certifying the Class as defined above;    1.  An order certifying the Class as defined above;    1.  An order certifying the New York Subclass as defined above;    1.  An order certifying the Class as defined above;    11.  Defendant, through its vending machines located throughout New York and  elsewhere nationwide, provides snacks, meals, and beverages to consumers.    12.  As an ordinary business practice, Defendant discloses the price of each food or  beverage product sold in its vending machines using either a physical label or a digital screen  located by the payment terminal.    13.  However, Defendant fails to inform consumers that using a credit or debit card to  purchase such products will result in an additional surcharge beyond the price specifically  disclosed by Defendant.    14.  Indeed, consumers are only made aware of the credit card surcharge after they have  swiped their credit or debit card and the transaction is processed, at which point it is too late to  cancel the transaction.    15.  Accordingly, Defendant regularly collects credit card surcharges that it did not have  any authorization to charge and falsely advertised the price of its food and beverage products.   17.  Specifically, relying on the prices represented on Defendant’s vending machine,  Plaintiff chose to purchase a beverage that was advertised as being sold for $2.00. Plaintiff swiped  his credit card on the payment terminal attached to the vending machine to provide payment for  his drink purchase, and the selected the drink product, which was promptly provided to him by the  machine.   18.  However, when Plaintiff later checked his online bank statement, he discovered  that he was actually charged $2.35 for the drink product – 35 cents more than the price that was  specifically displayed on Defendant’s vending machine.    19.  Critically, nowhere on the machine, or at any point during the purchase process,  did Defendant disclose that credit or debit card users would be charged an additional surcharge or  that Plaintiff would be charged $2.35 instead of $2.00.    2.  An award of actual or compensatory damages; and    2.  An award of actual or compensatory damages;    2.  An award of actual or compensatory damages; and    2.  An award of actual or compensatory damages; and    20.  Plaintiff and the other members of the Class were deceived and/or misled by  Defendant’s representations regarding the purchase price of the beverage and food products which  they purchased from Defendant’s vending machines and these representations and Defendant’s  failure to disclose a credit card fee were material factors that influenced Plaintiff’s and the other  Class members’ decisions to purchase such products.     21.  Plaintiff and the other members of the Class would not have purchased the products  that they bought, or would have chosen a different payment method, had they known that  Defendant’s representations about the purchase price were false and misleading and that an  additional fee would be assessed if they used a credit or debit card.    23.  Plaintiff brings this action on behalf of himself and a nationwide class (the “Class”)  and a New York Subclass (the “Subclass”), defined as follows:   The Class: All persons in the United States who, within the applicable statute of  limitations, purchased products from one of Defendant’s vending machines using a  credit or debit card.   The New York Subclass: All persons in the United States, who within the  applicable statute of limitations, purchased products from one of Defendant’s  vending machines located in the State of New York using a credit or debit card.    24.  Plaintiff will fairly and adequately represent and protect the interests of the other  members of the Class and Subclass. Plaintiff has retained counsel with substantial experience in  prosecuting complex litigation and class actions. Plaintiff and his counsel are committed to  vigorously prosecuting this action on behalf of the other members of the Class and Subclass, and  have the financial resources to do so. Neither Plaintiff nor his counsel have any interest adverse to  those of the other members of the Class and Subclass.   25.  Absent a class action, most members of the Class and Subclass would find the cost  of litigating their claims to be prohibitive and would have no effective remedy. The class treatment  of common questions of law and fact is superior to multiple individual actions or piecemeal  litigation in that it conserves the resources of the courts and the litigants, and promotes consistency  and efficiency of adjudication.     27.  The factual and legal bases of Defendant’s liability to Plaintiff and to the other  members of the Class and Subclass are the same, resulting in injury to the Plaintiff and to all of  the other members of the Class and Subclass. Plaintiff and the other members of the Class and  Subclass have all suffered harm and damages as a result of Defendant’s unlawful and wrongful  conduct.    28.  Upon information and belief, there are thousands of members of the Class and  Subclass such that joinder of all members is impracticable.    3.  Such further and other relief the Court deems reasonable and just.   3.  Such further and other relief the Court deems reasonable and just.   3.  An award of statutory damages, including damages for Defendant’s willful  and knowing violation of GBL § 349;    30.  Plaintiff hereby repeats and realleges the allegations contained in Paragraphs 1  through 29 as though fully set forth herein.    31.  The New York Consumer Protection from Deceptive Acts and Practices statute,  codified at General Business Law § 349 (“GBL § 349”), declares unlawful all deceptive acts and  practices in the conduct of any business, including the sale of products, such as Defendant’s food  and beverage products.    32.  Plaintiff and the members of the Subclass constitute “persons” who have been  injured by violation of GBL § 349, and therefore are entitled to bring an action to enjoin such  unlawful and deceptive practices, and recover damages.    33.  Defendant’s conduct as alleged herein is consumer-oriented conduct, in that  Defendant sells food and beverage products to consumers and members of the public.    34.  Defendant’s actions in assessing a credit card surcharge fee that is not disclosed to  consumers is materially misleading.    35.  As a result of Defendant’s materially misleading statements regarding the price of  food and beverages that Defendant offered for sale, Plaintiff and the members of the Subclass have  been injured.    36.  Upon information and belief, the aforementioned actions and conduct of the  Defendant have been committed willfully and knowingly.    38.  Plaintiff hereby repeats and realleges the allegations contained in Paragraphs 1  through 29 as though fully set forth herein.    39.  Defendant offered various food and beverage products for sale to Plaintiff and the  other members of the Class at a specific price.    4.  Injunctive relief prohibiting Defendant’s unfair and deceptive advertising  practices;    40.  Plaintiff and the other members of the Class accepted Defendant’s offer to purchase  the food and beverage products offered for sale by Defendant at the price disclosed, and tendered  payment.    42.  However, Plaintiff did not honor the prices listed for its food and beverage products,  and instead charged Plaintiff and the other members of the Class an additional credit card surcharge  that Defendant had not disclosed, and that Plaintiff and the other members of the Class did not  agree to pay.    43.  Accordingly, Plaintiff and the other members of the Class have incurred monetary  damages in the amount of the credit card surcharge automatically assessed by Defendant.   WHEREFORE, Plaintiff, on behalf of himself and the Class, prays for the following relief:    44.  Plaintiff hereby repeats and realleges the allegations contained in Paragraphs 1  through 29 as though fully set forth herein.    45.  Defendant offered various food and beverage products for sale to Plaintiff and the  other members of the Class at a specific price.    46.  Plaintiff and the other members of the Class chose to purchase the food and  beverage products offered for sale by Defendant at the price disclosed, and tendered payment.    48.  As a result of Defendant’s undisclosed credit card surcharges, it has been unjustly  enriched at the expense of Plaintiff and the other members of the Class.    49.  Allowing Defendant to retain the undisclosed credit card surcharges is against  equity and good conscience.    5.  An award of reasonable attorney’s fees and costs; and    50.  Defendant lacks any justification for keeping the undisclosed charges paid by  Plaintiff and members of the Class.    51.  Accordingly, Plaintiff and the other members of the Class have incurred monetary  damages in the amount of the credit card surcharge automatically assessed by Defendant.   WHEREFORE, Plaintiff, on behalf of himself and the Class, prays for the following relief:    52.  Plaintiff hereby repeats and realleges the allegations contained in Paragraphs 1  through 29 as though fully set forth herein.    53.  Defendants were responsible for the maintenance and operation of the vending  machines from which Plaintiff and members of the Class made purchases.   54.  Plaintiff, and members of the Class, were not given notice of any charge, fee, or  payment owed above or in addition to the price stated for the product on Defendant’s vending  machine.   56.  The amount of money paid on top of the indicated purchase price by Plaintiff and  members of the Class was never refunded   57.  Plaintiff and members of the Class relied on the posted prices for goods in  Defendant’s vending machines when making their purchases.   58.  Plaintiff and members of the Class expected to pay only the amount of the prices  displayed in or on the Defendants’ vending machines.   59.  Each time Plaintiff or a member of the Class made a purchase from a Defendant’s  vending machines, they were ultimately charged the incorrect amount, higher than the displayed  price.   6.  Such further and other relief the Court deems reasonable and just.   60.  Defendant misrepresented the amount it was charging consumers.   61.  Defendant fraudulently omitted the actual amount it was charging consumers.   62.  Defendant intended that Plaintiff and members of the Class make purchases at  vending machines it owned or serviced.   63.  Defendant intended Plaintiff and members of the Class to make purchases by  relying on its omission that additional charges would be charged on credit card and debit card  purchases.   64.  Plaintiff and members of the Class suffered damages each time they made  purchases at Defendant’s vending machines intending to pay only the amount displayed on the  machine.  WHEREFORE, Plaintiff, on behalf of himself and the Class, prays for the following relief:    Breach of Contract  (on behalf of the Class)   Fraudulent Misrepresentation  (on behalf of the Class)   Unjust Enrichment, In the Alternative   (on behalf of the Class)   Violation of the New York Consumer Protection from Deceptive Acts and Practices  Statute, General Business Law § 349  (on behalf of the New York Subclass)  