1.   12.   13.   Excluded from the class are all attorneys for the class, officers  and members of Telecomputer Services, Inc., including officers and  members of any entity with an ownership interest in Telecomputer  Services, Inc. or its parent or subsidiary companies, any judge who sits  on the case, and all jurors and alternate jurors who sit on the case.   15.   Every aggrieved consumer misled by defendants’ advertisement  as alleged in this complaint suffered an actual ascertainable loss of  service fees they paid to defendants. But for defendants’ false  representations as alleged in this complaint and their failure to disclose  known defects and nonconformities of their services, plaintiff and the  members of the putative class would not have paid defendants any  money and would have instead used a different internet service  provider.   16.    Defendants’ behavior as alleged in this complaint willfully  violated the UTPA, including ORS 646.608(1) (b), (e), (g), (i), and (t).  This UTPA violation is common to the putative class.   17.    The class is so numerous that joinder is impracticable. Upon  information and belief, the class includes thousands of members, based  on defendants’ public statements about the size of its customer base.   19.    Plaintiff’s claims are typical of the claims of the class because  each was misled by defendants’ false representations and failures to  disclose, the injuries suffered by plaintiff and the class members vary  only in the amount of service fees collected by defendants, and  plaintiff’s claim for relief is based upon the same legal theories as are  the claims of the other class members. Plaintiff will fairly and  adequately protect and represent the interests of the class because his  claim is typical of the claims of the class, he is represented by nationally  known and locally respected attorneys who have experience handling  class action litigation and consumer protection cases who are qualified  and competent, and who will vigorously prosecute this litigation, and  their interests are not antagonistic or in conflict with the interests of  the class.   21.    7.      On November 7, 2017, it was reported that defendants breached  their legal duty to their customers by failing to use reasonable care to  protect their data from unauthorized access by third parties. See Spirit  One gave subscriber access to other customers’ emails, The Oregonian,  Mike Rogoway, November 7, 2017.   8.   In an attempt to increase profits, defendants cut corners and  failed to maintain adequate technological safeguards to ensure its  services would be online and available to access by their customers  upon request, as advertised. Defendants knew that their failure to  protect their customers’ data from unauthorized access would cause  serious risk of invasion of privacy, credit harm and identity theft for  years to come.   Plaintiff files this complaint as a national class action lawsuit.  The class consists of consumers who:  a) Viewed defendants’ advertisement for services and paid  defendants a service fee to receive defendants’ services, and  b) Who were unable to access defendants’ services as advertised  after September 29, 2017 as alleged in this complaint.  