(Terms and Conditions of Hertz’ Gold Plus Rewards Program)   (Terms and Conditions for Use of Hertz’ Website)   10.  Hertz allows consumers to use its website, www.hertz.com, to make reservations  for rental of cars and other motor vehicles.   11.  On a web page entitled, “THE HERTZ CORPORATION WEBSITE GENERAL  TERMS AND CONDITIONS OF USE,” (“Hertz’ General Terms of Use”) Hertz provides notice  to consumers of terms and conditions to which they must agree in order to use Hertz’ website and  states that the terms and conditions constitute an “Agreement”:  “We offer this website, subject to  the following terms and conditions (“Agreement”). Please read this Agreement carefully before  using this website.  By using this website, you accept the terms and conditions set forth in this  Agreement.”4   12.  Hertz’ General Terms of Use contains a New Jersey choice of law provision:   “Except to the extent expressly provided in the following paragraph, this Agreement (including  any of our policies referred to herein) shall be governed by and construed in accordance with the  laws of the State of New Jersey in the United States without regard to New Jersey’s conflict of law  provisions.”   14.  Hertz’ General Terms of Use also states: “Except as otherwise required by law …,  price, rate and availability of products or services are subject to change without notice.” 5    15.  This statement is shown in the screenshot below with the above language  highlighted:   16.  Nowhere on this page does Hertz specify whether the provision that “price, rate and  availability of products or services are subject to change without notice” is or is not applicable to  reservations made using the Hertz website by New Jersey citizens or whether New Jersey is (or is  not) one of the places where the law requires “otherwise.”   18.  This statement in shown in the screenshot below with the above language  highlighted:   19.  Nowhere on this page does Hertz specify whether the provision that “not all  products or services discussed or referenced in this website are available to all persons or in all  geographic locations or jurisdictions. In addition, restrictions may apply to use of products or  services obtained in one jurisdiction in other jurisdictions” is or is not applicable to reservations  made using the Hertz website by New Jersey citizens or whether New Jersey is (or is not) one of  the places where there are restrictions applicable to “use of products or services.”   20.  Hertz’ General Terms of Use states that it was last updated on April 30, 2013. 6     21.  However, past versions of the same webpage containing provisions identical to  those referenced above can be found dating back to June 1, 2011.7   22.  Accordingly, those terms and conditions have been in place, at a minimum, for  more than four years prior to the filing of this lawsuit.    Terms and Conditions of Hertz’ Gold Plus Rewards Program   24.  The webpage containing Hertz’ Gold Plus Terms states, “Gold Plus Rewards offers  are void where prohibited by law.”9     25.  The following screenshot shows the above statement as it appears on the Hertz  website with the statement in question highlighted:   26.  Nowhere on this web page does Hertz specify whether such offers are or are not  void, unenforceable or inapplicable within the State of New Jersey or whether the State of New  Jersey is or is not one of the locations where such offers are prohibited by law.   27.  Past versions of this page can be found dating back to June 8, 2012.10  On that date,  the page stated, as it does now, that Gold Plus Rewards offers are void where prohibited by law  without specifying whether the State of New Jersey is or is not one of the places where such offers  are void because they are prohibited by law.   28.  This action is brought and may properly proceed as a class action, pursuant to Fed.  R. Civ. P. 23(a) and (b)(3).   30.  The members of the Classes for whose benefit this action is brought are so  numerous that joinder of all members is impracticable.     32.  Plaintiff asserts claims that are typical of the claims of the members of the Classes  he seeks to represent, because all such claims arise out of the same, or similar, notices or contracts  used by Defendant in its transactions with Plaintiffs.   33.  Plaintiff will fairly and adequately protect the interests of the Classes.   34.  Plaintiff does not have any interests which are incompatible or contrary to those of  the Classes.   35.  The questions of law or fact common to the Class members, as detailed above,  predominate over any questions affecting only individual members.   36.  A class action is superior to other available methods for the fair and efficient  adjudication of the claims of Plaintiffs and the putative Classes.   37.  Specifically, the Classes are too numerous for individual actions and the economic  damages, statutorily required for Plaintiff and the putative Class members, are too small to warrant  individual actions when compared to the expense and burden of individual litigation.   39.  The members of the Classes are readily identifiable from the records of Defendant.   40.  Plaintiff has retained competent counsel who is experienced in the prosecution of  consumer class action litigation.  The proposed Class Counsel will fairly and adequately represent  the interests of the Class.  Proposed Class Counsel has identified and investigated the potential  claims in this action.  Proposed Class Counsel has extensive experience in handling class actions,  other complex litigation, and consumer claims of the type asserted in the instant action. Proposed  Class Counsel has knowledge of the applicable law for this action and will commit the necessary  resources to representing this Class.  41.  Plaintiff, on behalf of himself and the Hertz Gold Plus Rewards Program Class re- asserts and incorporates by reference each and every allegation set forth in the preceding  paragraphs as though stated in full herein.   42.  Plaintiff and the members of the Hertz Gold Plus Rewards Program Class are  “consumers” within the meaning of TCCWNA.   43.  Hertz’ web page entitled “Gold Plus Rewards Reward Terms and Conditions” is a  consumer contract, notice, or sign within the meaning of TCCWNA, as set forth at N.J.S.A. 56:12- 15 and -16.   44.  TCCWNA states, in relevant part:  No consumer contract, notice or sign shall state that any of its provisions  is or may be void, unenforceable or inapplicable in some jurisdictions  without specifying which provisions are or are not void, unenforceable or  inapplicable within the State of New Jersey[.]  47.  Plaintiff, on behalf of himself and the Hertz Renters Class, re-asserts and  incorporates by reference each and every allegation set forth in the preceding paragraphs as though  stated at length herein.   48.  Plaintiff and the members of the Hertz Renters Class are "consumers" within the  meaning of TCCWNA.   49.  Hertz’ web page entitled, “THE HERTZ CORPORATION WEBSITE GENERAL  TERMS AND CONDITIONS OF USE” is a consumer contract, notice, or sign within the meaning  of TCCWNA.   50.  TCCWNA states, in relevant part:  No consumer contract, notice or sign shall state that any of its provisions  is or may be void, unenforceable or inapplicable in some jurisdictions  without specifying which provisions are or are not void, unenforceable or  inapplicable within the State of New Jersey[.]  Terms and Conditions for Use of Hertz Website   Terms and Conditions for Use of Hertz’ Website ....................................................................... 3  Terms and Conditions of Hertz’ Gold Plus Rewards Program ................................................... 5  CLASS ALLEGATIONS ............................................................................................................... 6 