15.  On January 9, 2020, Plaintiff purchased three (3) airline tickets for travel to occur  on April 3, 2020, returning April 13, 2020, traveling to Athens, Greece to visit Plaintiff’s  daughter while she studied abroad. The travel was to be on British Airways originating from  New York, with a connecting flight in London.    17.  On March 11, 2020, United States President Donald Trump instituted a travel ban  for flights from Europe to start on March 13, 2020 and continue for thirty (30) days.    18.  On March 12, 2020, Plaintiff called the Capital One Venture Travel customer  service number and was instructed to wait two (2) more weeks to see if her flights would be  cancelled and if so, a refund would be automatically be issued by British Airways.    19.  Plaintiff called Capital One Venture Travel again on March 25, 2020, and due to  wait times, spent the next thirteen (13) hours waiting for a representative. When one finally  answered, Plaintiff was told that British Airways was only offering travel vouchers which were  only valid through January 9, 2021.    20.  On April 3, 2020, Plaintiff called British Airways directly and was told that  assistance could not be offered because the tickets were purchased through Capital One, not the  airline directly. Plaintiff had learned during this call that purchases through the airline itself are  refunded for cancelled flights, even if only one leg was cancelled.    21.  Plaintiff then contacted Capital One again but learned that neither her rewards  points nor credit card charges for the tickets would be refunded.     22.  Plaintiff checked the terms and conditions listed on Capital One’s website but saw  that the only relevant information concerned ticket purchases made directly with the airlines and  not the travel services. The pages provided contact information for the airlines and set forth a  dispute procedure only.   24.  Capital One handled flight cancellation services poorly for card members, so  much so that consumers, including Plaintiff, have been left without either travel and without a  refund and/or reversal of charges and return of Rewards points.  In short, Capital One Venture  Card has received a windfall of from consumers that it has neither returned nor expressed any  intention of returning in the future, entitling Plaintiff and other similarly-situated individuals to  seek damages for recovery of same.  25.  Plaintiff brings this claim on behalf of a class, pursuant to Federal Rules of Civil  Procedure 23(a), (b)(2), b(3).    26.  This claim is brought on behalf of a Class consisting of all Capital One Venture  Card holders in the state of New Jersey who purchased airline travel using their Capital One  Venture Card for travel on flights that later were cancelled as a result of COVID-19 travel  restrictions.   27.  Excluded from the Class are the Defendant, the officers and directors of the  Defendant at all relevant times, members of the Defendant’s immediate families and their legal  representatives, heirs, successors, or assigns, and any entity in which Defendant has or had a  controlling interest.   28.  Plaintiff reserves the right to amend or modify the Class definition with greater  specificity or further division into subclasses or limitations to particular issues, as discovery and  the orders of this Court warrant.    29.  The identities of all class members are readily ascertainable from the Capital  One’s records.    31.  The Plaintiff will fairly and adequately protect the interests of the Class defined in  this complaint. The Plaintiff has retained counsel with experience in handling consumer lawsuits,  complex legal issues, and class actions, and neither the Plaintiff nor her attorneys have any  interests, which might cause them not to vigorously pursue this action.   33.  Certification of a class under Rule 23(b)(3) of the Federal Rules of Civil  Procedure is also appropriate in that the questions of law and fact common to members of the  Class predominate over any questions affecting an individual member, and a class action is  superior to other available methods for the fair and efficient adjudication of the controversy.   34.  Based on discovery and further investigation, Plaintiff may, in addition to moving  for class certification, use modified definitions of the class, class claims, and the class period,  and/or seek class certification only as to particular issues as permitted under Fed. R. Civ. P.  23(c)(4). Such modified definitions may be more expansive to include consumers excluded from  the foregoing definitions.  VI.  35.  Plaintiff restates, re-alleges, and incorporates herein by reference the preceding  paragraphs as it fully set forth herein.   36.  Defendant made intentional misrepresentations to Plaintiff and the Class  Members regarding their inability to receive refunds for their cancelled travel and that the airline  was only able to give travel vouchers.    37.  Said misrepresentation by Defendant was an unconscionable consumer practice.   38.  Plaintiff and the Class Members reasonably relied on Defendant’s intentional  misrepresentations.    39.  Defendant’s representations proximately caused damage to Plaintiff and the Class  Members.    41.  The actions of Defendant entitle Plaintiff and other Class Members to a full  refund of all consideration paid, plus interest and attorney fees and costs.    42.  Further, as a result of the foregoing, Plaintiff and Class Members suffered and  will continue to suffer ascertainable losses and other damages as described in detail in  paragraphs 15 through 24 of this Class Action Complaint, and are entitled to treble damages as  provided by N.J.S.A. § 56:18-19.  43.  Plaintiff restates, re-alleges, and incorporates herein by reference the preceding  paragraphs as it fully set forth herein.   44.  Capital One has benefitted from its unlawful acts by retaining the payments used  to purchase travel tickets which have been cancelled. Retentions of those monies under these  circumstances is unjust and inequitable because Capital One charged consumers full price for  travel and fees for travel that they can now not take due to a global pandemic.    45.  Because Defendant’s retention of the non-gratuitous benefits conferred by  Plaintiff and other members of this Class is unjust and inequitable, Defendant must pay  restitution to Plaintiff and members of the Class for their unjust enrichment, as ordered by the  Court.  46.  Plaintiff restates, re-alleges, and incorporates herein by reference the preceding  paragraphs as it fully set forth herein.   48.  Defendant had wrongfully exercised control over and/or intentionally interfered  with the rights of Plaintiff and members of the class by limiting passengers on cancelled flights  to a travel voucher which must be used within one (1) year while Defendant has unlawfully  retained the monies Plaintiff and the Class Members paid for tickets on cancelled flights.    49.  Defendant deprived Plaintiff and the other members of the Class of the value they  paid for the tickets on cancelled flights as well as their right to a refund.   50.  Plaintiff and members of the Class have requested and/or demanded that  Defendant issue refunds for cancelled flights.    51.  This interference with the rights and services for which Plaintiff and the members  of the Class paid damaged Plaintiff and the members of the Class, in that they purchased tickets,  and, as such, Defendant has deprived Plaintiff and members of the Class of the right to their  property, in this case, the amounts paid for tickets on cancelled flights.   52.  Plaintiff and members of the Class are entitled to a refund of the full amount paid  for tickets on cancelled flights.  IX.  53.  Plaintiff restates, re-alleges, and incorporates herein by reference the preceding  paragraphs as it fully set forth herein.   54.  During the COVID19 Pandemic, Defendant has intentionally allowed wait times  on hold to increase to unreasonable levels and instructed customer service representatives  speaking to consumers (“Class Members”) to furnish misleading information in hopes of  confusing consumers and reducing and/or avoiding issuance of refunds to which the consumers  are entitled for all flights cancelled as a result of the COVID19 Pandemic.   56.  Defendant’s representations were made with the intent that Plaintiff and Class  Members rely upon the misstatements in accepting rebookings instead of pressing for a refund.     57.  Plaintiff and the Class Members relied on Defendant’s representations.    58.  The reliance by Plaintiff and the Class Members on Defendant’s representations  was reasonable.    59.  Defendant’s representations proximately caused damage to Plaintiff and the Class  Members.    60.  By misrepresenting that Plaintiff and the Class Members were only entitled to  travel vouchers, Defendant financially harmed Plaintiff and Class Members, causing damages.  X.  61.  Plaintiff restates, re-alleges, and incorporates herein by reference the preceding  paragraphs as it fully set forth herein.   62.  Defendant and Class Members, including Plaintiff, entered into valid contracts for  Defendant to provide airline travel tickets via third parties and in exchange Plaintiff and Class  Members would pay money and/or travel reward points and/or a combination of the two, to  complete the transaction.    63.  Defendant’s services carried with it the obligation to refund all consideration paid  by Plaintiff and Class Members should flights be cancelled as a result of unforeseen world  events, specifically the COVID19 Pandemic.     65.  Defendant breached its obligations owed to Plaintiff and Class Members by  failing after-the-fact to provide a full refund for travel cancelled because of the COVID-19  Pandemic.   66.  As a result of Defendant’s failure to perform the contract, Plaintiff and other Class  Members have been damaged and did not receive the paid for benefits, refund, and/or  performance to which they each and all were entitled.   67.  As a result, Plaintiff and the Class Members are entitled to fair compensation in  the form of full refunds for all tickets, fees, taxes, and interest that Defendant charged and/or  collected..   BREACH OF CONTRACT    CONVERSION   FRAUDULENT MISREPRESENTATION   UNJUST ENRICHMENT   VIOLATIONS OF THE NEW JERSEY CONSUMER FRAUD ACT,   N.J. STAT. ANN. § 56:8, et seq.  