32.  Cynthia L. Czuhaj brings this action on behalf of herself and all others  similarly situated as a class action pursuant to Rule 23 of the Federal Rules of Civil  Procedure.    33.  The classes which Consumer Representative seeks to represent are  defined as follows:   34.  A class consisting of all "consumers" as defined by Cal. Civ. Code  §1761(d) residing in the United States who purchased, not for resale, a Conair  Infiniti Pro 1875 watt Salon Performance hair dryer ("Hair Dryer") at any time in  the four years preceding the filing of this action (the "Nationwide Class").  The  Nationwide Class seeks certification of claims based on Cal. Bus. & Prof. Code  §17200, et seq. ("UCL"), Cal. Bus. & Prof. Code §17500 et seq. ("FAL"), Cal. Civ.  Code §1750 et seq. ("CLRA"), Strict Products Liability – Product, and/or Strict  Products Liability – Failure to Warn.   43.  The Plaintiff/Consumer Representative repeats and re-alleges all prior  paragraphs and incorporate them as if fully set forth herein.   44.  Defendant has engaged in unfair, unlawful, and fraudulent business  practices or acts as set forth above.   45.  The Consumer Representative brings this cause of action on behalf of  herself and the Nationwide Class, or in the alternative, the California Class pursuant  to California Business & Professions Code §17200, et seq.   46.  Defendant's conduct constitutes unfair business acts and/or practices  because Defendant's practices have caused and are likely to cause substantial injury  to Plaintiff and consumers which injury is not reasonably avoidable by Plaintiff and  consumers in light of Defendant's exclusive knowledge of the defects in the Hair  Dryers, and is not outweighed by the acts' or practices' benefits, if any, to Plaintiffs  and consumers.  Such conduct is ongoing and continues to this date.   73.  The Plaintiff/Consumer Representative repeats and re-alleges all prior  paragraphs and incorporate them as if fully set forth herein.   74.  Plaintiff, and others similarly situated, purchased Hair Dryers which  were manufactured, distributed or sold by Defendant.   75.  The potential for the Hair Dryers to catch fire while drying hair or even  while off but still plugged in presents a substantial danger to consumers.   76.  Plaintiff and other ordinary consumers would not have recognized the  potential risk of the Hair Dryer to spark and/or catch fire.   79.  The Plaintiff/Consumer Representative repeats and re-alleges all prior  paragraphs and incorporate them as if fully set forth herein.   8.  Conair is one of the world's largest privately held health and beauty  companies and has been around for more than 50 years.  It develops, designs,  manufactures and sells health and beauty products nationwide through direct  website sales and through nationwide retailers such as Sam's Club, Wal-Mart,  Target and CVS Pharmacies.  Conair holds the number one position in the industry  with hair dryers.1     80.  Plaintiff purchased the Hair Dryer from Conair's authorized retailer,  Sam's Club.     81.  Pursuant to an agreements for resale of the Hair Dryers between Conair  and nationwide retailers including, but not limited to, Sam's Club, Target, CVS  Pharmacies, Amazon and Wal-Mart Stores, Plaintiff and California Class Members  are third-party beneficiaries of such contracts.   82.  At the time of sale, and currently, Defendant is in the business of  manufacturing, distributing and selling hair dryers.   83.  Defendant knowingly and/or recklessly sold a defective product  without conspicuously informing consumers about the defect.  Defendant possessed  actual superior knowledge of the Hair Dryer's propensity to spark and/or catch fire  based on consumer complaints filed through the Consumer Product Safety  Commission, Conair's customer service representatives and internal investigations.     88.  The Plaintiff/Consumer Representative repeats and re-alleges all prior  paragraphs and incorporate them as if fully set forth herein.   Asserted on Behalf of the Nationwide Class, and Alternatively   on Behalf of the California Class  (Violations of Cal. Bus. & Prof. Code §17200 et seq.)   Asserted on Behalf of the California Class  (Breach of Implied Warranty)   Asserted on Behalf of the Nationwide Class, and Alternatively   on Behalf of the California Class  Consumer Legal Remedies Act, California Civil Code §§1750, et seq.   Asserted on Behalf of the Nationwide Class, and Alternatively   on Behalf of the California Class  (Strict Products Liability-Defective Design or Manufacture)   Asserted on Behalf of the Nationwide Class, and Alternatively   on Behalf of the California Class  (Strict Products Liability-Failure to Warn)   Asserted on Behalf of the Nationwide Class, and Alternatively   on Behalf of the California Class  (Magnuson-Moss Warranty Act, 15 U.S.C. §§2301, et seq.)  