28.  Plaintiff brings this action on behalf of persons who purchased title  insurance in Georgia at any time from March 1, 2009 to the present (the “Class”).   The “Class Period” is from March 1, 2009 to the present.   29.  The Class is so numerous that joinder of all Class members is  impracticable.  Plaintiff believes that the Class contains more than 100,000  members and that the actual number of Class members can be ascertained through  discovery.   31.  The questions of law and fact common to all Class members  predominate over any questions that may affect only individual Class members.   32.  A class action is a superior method of adjudicating the Class  members’ claims because individual actions would unnecessarily burden the Court  and create the risk of inconsistent results.   33.  The claims of Plaintiff are typical of the claims of the Class members.   Plaintiff and all putative Class members purchased title insurance and overpaid by  reason of the statewide scheme by Defendants to make misrepresentations to  agents in their networks.  Plaintiff has no interests that are antagonistic or adverse  to the other Class members.   34.  Plaintiff will fairly and adequately protect the interests of the Class.   36.  Plaintiff seeks certification of a class, alternatively, under Fed. R. Civ.  P. 23(b)(2) or 23(b)(3), or a combination thereof.   37.  Defendants’ misrepresentations have the effect of inflating prices for  title insurance to the detriment of Plaintiff and all Class members.  Accordingly,  declaratory and injunctive relief that prevents Defendants from continuing to  misrepresent facts is appropriate on a Class-wide basis.   38.  Given the significant expense required to prosecute the foregoing  claims against Defendants, the costs of individual actions may well approach or  exceed the amount recovered in any individual action.  The expense of pursuing  individual actions would require many individual Class members to forego their  individual claims against Defendants if they are not permitted to pursue those  claims as a class.   39.  This action is manageable because the evidence proving that  Defendants is engaging in the alleged conduct is common to the Class.   Furthermore, the identities of the Class members are known to Defendants.  41.  Defendants have engaged in an open and ongoing pattern of violations  of 18 U.S.C. § 1341, 18 U.S.C. § 1343, and O.C.G.A. § 16-8-102 from March 1,  2009 to the present.  As part of the mortgage closing process, Defendants have  continually misrepresented to their employees and agents that they are required by  law to charge the published rates for title insurance in rate schedules and company  bulletins sent through United States mail and interstate wires to their agents to  eliminate discounts from list prices and facilitate increases in list prices on title  insurance.  Defendants, who are all foreign corporations, have received the  proceeds of these transactions through the use of United States mail (including the  Postal Service and private and commercial interstate carriers) and interstate wires.   42.  Defendants are engaged in an ongoing pattern of racketeering activity  as defined by O.C.G.A. § 16-14-3(8)(A).     43.  The pattern of racketeering activity consists of more than two acts of  racketeering activity in furtherance of the scheme to defraud.  The last of such acts  occurred within four years after the commission of a prior act of racketeering  activity.    45.  Each violation of 18 U.S.C. § 1341 constitutes an act of racketeering  activity under O.C.G.A § 16-14-3(9)(A)(xxix) and 18 U.S.C. § 1961(1)(B).   46.  Specifically, Defendants have violated and continue to violate 18  U.S.C. § 1343, which makes it a federal crime to intentionally participate in a  scheme to defraud and use interstate wires in furtherance of the scheme.  For more  than six years, Defendants have intentionally made material misrepresentations  that they were required by law to charge the published rates for title insurance in  Georgia that were reasonably calculated to deceive persons of ordinary prudence.   The interstate wires were knowingly used in furtherance of those schemes.  Such  use was reasonably foreseeable.   47.  Each violation of 18 U.S.C. § 1343 constitutes an act of racketeering  activity under O.C.G.A § 16-14-3(9)(A)(xxix) and 18 U.S.C. § 1961(1)(B).   49.  Each violation of O.C.G.A. § 16-8-102 constitutes an act of  racketeering activity under O.C.G.A § 16-14-3(9)(A)(xxxx).   50.  The acts of racketeering activity committed by Defendants have the  same or similar methods of commission.  They involve misrepresentations that  Defendants are required by law to charge the published rates for title insurance.   They involve similar and sometimes identical language.   51.  The acts of racketeering activity committed by Defendants have the  same or similar objective: inflate prices for title insurance and increase profits for  the Defendants.     52.  The acts of racketeering activity committed by Defendants have the  same or similar victims, including Plaintiff and other Class members.   53.  The acts of racketeering activity committed by Defendants are  otherwise related by distinguishing characteristics including, but not limited to, the  involvement of the four major families of title insurance in Georgia.     54.  Defendants’ acts of racketeering activity involve a distinct threat of  long-term racketeering activity.   56.  Defendants’ material misrepresentations that they are required by law  to charge the published rates for title insurance in Georgia are part of its regular  way of conducting business.   57.  In violation of O.C.G.A. § 16-14-4(a), the Defendants have acquired  an interest in personal property, including money, through the pattern of  racketeering activity described in this Complaint.   58.  Plaintiff and the other Class members have been injured by reason of  Defendants’ violations of O.C.G.A § 16-14-1 et seq. and have suffered actual  damages, prior to trebling of damages, in an amount to be proven at trial.   59.  Under O.C.G.A. § 16-14-6(c), Plaintiff and the other Class members  are entitled to threefold the amount of any actual monetary damages incurred as a  result of Defendants’ pattern of racketeering activity.   60.  Under O.C.G.A. § 16-14-6(c), Plaintiff and the other Class members  are entitled to recover attorneys’ fees and other costs from the Defendants.   62.  The foregoing allegations are incorporated by reference as if fully set  forth herein.   63.  The Defendants have conspired to violate the provisions of O.C.G.A.  § 16-14-4(a).   64.  Plaintiff and the other Class members have been injured by reason of  Defendants’ violations of O.C.G.A § 16-14-4(c) and have suffered actual damages,  prior to trebling of damages, in an amount to be proven at trial.   65.  Under O.C.G.A. § 16-14-6(c), Plaintiff and the other Class members  are entitled to threefold the amount of any actual monetary damages incurred as a  result of Defendants’ pattern of racketeering activity.   66.  Under O.C.G.A. § 16-14-6(c), Plaintiff and the other Class members  are entitled to recover attorneys’ fees and other costs from the Defendants.   AMERICAN TITLE INSURANCE  COMPANY, AMERICAN GUARANTY  TITLE INSURANCE COMPANY, OLD  Violation of O.C.G.A. § 16-14-4(a) (Georgia RICO Act)   Violation of O.C.G.A. § 16-14-4(c) (Georgia RICO Act)  