 (Unjust Enrichment)   (Violation of N.Y. General Business Law § 349)   1. Certifying this action as a class action, with a class as defined above;    2. Requiring that Defendant pay for notifying the Class members of the pendency of this  suit;    33.  Plaintiff incorporates by reference the allegations set forth above.   34.  The New York General Business Law § 349 provides, inter alia:  Deceptive acts or practices in the conduct of any business, trade or  commerce or in the furnishing of any service in this state are hereby  declared unlawful.    35.  Plaintiff and the members of the Class are consumers who purchased pre- packaged goods from a Whole Foods location in New York City.     37.  Defendant’s misrepresentations and false, deceptive, and misleading  statements with respect to overcharging for pre-packaged goods, as described above,  constitute deceptive acts or practices in the conduct of business, trade or commerce in  violation of the New York General Business Law.   38.  Defendant knowingly misrepresented and intentionally misstated the accurate  price of pre-packaged goods.   39.  Defendant failed to charge accurate rates for a variety of pre-packaged goods.   As a result, consumers were overcharged for such items in Whole Foods New York City  locations.    4. Monetary damages, including but not limited to any compensatory, incidental, or  consequential damages in an amount to be determined at trial, together with prejudgment interest  at the maximum rate allowable by law with respect to the common law claims alleged;   40.  Defendant’s actions have caused direct, foreseeable and proximate damages to  Plaintiff and the Class.   41.  As a consequence of Defendant’s wrongful actions, Plaintiff and the other  members of the Class suffered an ascertainable loss of monies based on the difference in the  price charged versus the accurate price of an item consistent with its weight.    42.  By reason of the foregoing, Defendant is liable to Plaintiff and the other  members of the Class for actual damages or fifty dollars ($50), whichever is greater, punitive  damages, injunctive relief, attorneys’ fees, and the costs of this suit.     43.  Plaintiff and the other members of the Class further seek to enjoin the  unlawful, deceptive acts and practices described above.   44.  Absent injunctive relief, Defendant will continue to overcharge consumers for  pre-packaged goods.    46.  Plaintiff incorporates by reference the allegations set forth above.   47.  By engaging in the conduct described above, Defendant has unjustly enriched  itself and received a benefit at the expense of Plaintiff and the other members of the Class.   Defendant appreciated the benefit and it would be inequitable for Defendant to retain this benefit  without being required to compensate Plaintiff and other members of the Class for the damages  that they have suffered as a result of Defendant’s actions.    48.  It would be unjust and inequitable for Defendant to retain the payments Plaintiff  and the Class made for excessive charges on pre-packaged goods.    49.  By reason of the foregoing, Defendant is liable to Plaintiff and the other members  of the Class for the damages that they have suffered as a result of Defendant’s actions, the  amount of the damages to be determined at trial, plus attorneys’ fees.    5. Statutory damages in the maximum amount provided by law;   50. THEREFORE, Plaintiff prays for relief as set forth below.   Prayer for Relief  WHEREFORE, Plaintiff, individually and on behalf of the other Class members,  respectfully request that the Court should enter judgment against Defendant as follows:   6. For an order awarding Plaintiff and the other Class members the reasonable costs and  expenses of suit, including their attorneys’ fees; and   7. For any further relief that the Court may deem appropriate.  Demand for Jury Trial  Plaintiff hereby demands a trial by jury on all claims in this action.   Dated: July 24, 2015 