34.  Plaintiff brings this action on her own behalf, and on behalf of a nationwide class  pursuant to Federal Rules of Civil Procedure 23(a), 23(b)(2), and/or 23(b)(3).    Nationwide Class:  All persons or entities in the United States who had RushCard accounts prior to October  12, 2015 and were denied access to their accounts and funds on at least one occasion  from October 12, 2015 to the present.   35.  In the alternative to the Nationwide Class, and pursuant to FED. R. CIV. P. 23(c)(5),  Plaintiff seeks to represent the following state class only in the event that the Court declines to certify  the Nationwide Class above.  Specifically, the state class consists of the following:   Pennsylvania Class:  All persons or entities in Pennsylvania who had RushCard accounts prior to October 12,  2015 and were denied access to their accounts and funds on at least one occasion from  October 12, 2015 to the present.   36.  Together, the Nationwide Class and the Pennsylvania Class shall be collectively referred  to herein as the “Class.”  Excluded from the Class are Defendants, their affiliates, employees, officers  and directors, persons or entities that have RushCards, and the Judge(s) assigned to this case.  Plaintiff  reserves the right to modify, change, or expand the Class definitions based on discovery and further  investigation.     44.  Plaintiff and the Nationwide Class (or, in the alternative, the Pennsylvania Class)  incorporate by reference each preceding and succeeding paragraph as though fully set forth at length  herein.    45.  The conduct alleged above constitutes unfair methods of competition or unfair or  deceptive acts or practices in violation of Section 201-2(4)(v),(vii), (xiv) and (xxi) of the UTPCPL, 73  Pa. C.S.A. §§ 201-1, et seq.   46.  Defendants used and employed unfair methods of competition and/or unfair or deceptive  acts or practices within the meaning of 73 Pa. C.S.A. §§ 201-2 and 201-3   47.  Plaintiff and Class members are consumers who signed up for RushCard accounts.   58.  Plaintiff and the Class incorporate by reference each preceding and succeeding paragraph  as though fully set forth at length herein.   59.  A contract was created between Defendants and Plaintiff and each member of the  putative Class at the time they signed up for a RushCard account.     60.  As consideration for Defendants’ offer of a safe and convenient place to store their funds,  Plaintiff and the putative Class deposited their funds into RushCard accounts and paid monthly fees and  other charges for their RushCards.   61.  Defendants breached the terms of the contracts with Plaintiff and the putative Class by  denying them access to their accounts and funds.    62.  Plaintiff notified Defendants of the breach within a reasonable time, and/or was not  required to do so because affording Defendants a reasonable opportunity to cure their breach of contract  warranty would have been futile.  63.  Plaintiff and the Class incorporate by reference each preceding and succeeding paragraph  as though fully set forth at length herein.    67.  Plaintiff and the Class incorporate by reference each preceding and succeeding paragraph  as though fully set forth at length herein.   68.  Defendants owed duties to Plaintiff and the putative Class to use reasonable care to  protect, secure, and make readily accessible their customers’ funds.    69.  Defendants breached their duties to Plaintiff and the putative Class by failing to provide  their customers with access their funds and accounts.    70.  Defendants breached their duties to Plaintiff and the putative Class by failing to provide  computer systems that were capable of providing timely access to their customers’ accounts and funds.    71.  Defendants breached their duties to Plaintiff and the putative Class by failing to institute  measures to secure customer funds and provide their customers with timely and accurate account  balances and funds.    72.  Defendants breached their duties to communicate accurate information about the  computer system update and when customers could access their accounts and funds.    75.  Plaintiff and the Class incorporate by reference each preceding and succeeding paragraph  as though fully set forth at length herein.   76.  As the intended and expected result of their conscious wrongdoing, Defendants have  profited and benefited from the purchase of RushCards by Plaintiff and the Class.   77.  Defendants have voluntarily accepted and retained these profits and benefits, with full  knowledge and awareness that, as a result of Defendants’ misconduct, Plaintiff and the Class were not  receiving RushCards of the quality or value that had been represented by Defendants, and that  reasonable consumers expected.   78.  Defendants have been unjustly enriched by their fraudulent and deceptive withholding of  benefits to Plaintiff and the Class, at the expense of these parties.   79.  Equity and good conscience militate against permitting Defendants to retain these profits  and benefits.  80.  Plaintiff and the Class incorporate by reference each preceding and succeeding  paragraph as though fully set forth at length herein.   81.  Plaintiff and the members of the putative Class all deposited funds into their RushCard  accounts prior to October 12, 2015.   85.  Plaintiff and the Class incorporate by reference each preceding and succeeding  paragraph as though fully set forth at length herein.   86.  Defendants owed a fiduciary duty to Plaintiff and the putative Class to protect, secure,  and provide access to all funds that lawfully belonged to Plaintiff and the putative Class.   87.  Defendants breached those fiduciary duties by denying access to funds that Defendants  had no lawful right to deny and levied unlawful fees on Plaintiff and the putative Class during the  times Plaintiff and the putative Class were denied access to their funds.    88.  As a result, Plaintiff and the putative Class have been damaged in an amount to be  proven at trial.   BREACH OF FIDUCIARY DUTY  (On Behalf of the Nationwide Class or, Alternatively, the Pennsylvania Class)   BREACH OF CONTRACT  (On Behalf of the Nationwide Class or, Alternatively, the Pennsylvania Class)   COMMON LAW FRAUD  (On Behalf of the Nationwide Class or, Alternatively, the Pennsylvania Class)   CONVERSION  (On Behalf of the Nationwide Class or, Alternatively, the Pennsylvania Class)   NEGLIGENCE  (On Behalf of the Nationwide Class or, Alternatively, the Pennsylvania Class)   UNJUST ENRICHMENT  (On Behalf of the Nationwide Class or, Alternatively, the Pennsylvania Class)   VIOLATIONS OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND  CONSUMER PROTECTION LAW (“UTPCPL”)   (73 Pa. C.S.A. § 201-1, et seq.)  (On Behalf of the Nationwide Class or, Alternatively, the Pennsylvania Class)  