71. This matter is brought by Plaintiff on behalf of itself and those similarly situated,  under Federal Rule of Civil Procedure 23(a), 23(b)(1), 23(b)(2), and 23(b)(3).    72. Prosecuting separate actions by individual class members, in lieu of proceeding as  a class action, would create a risk of inconsistent or varying adjudications that would establish  incompatible standards of conduct for Defendant.   73. As alleged above, Defendant has acted or refused to act on grounds that apply  generally to the proposed Class and Subclasses, such that final injunctive relief or declaratory  relief is appropriate.   74. The questions of law or fact common to Class and Subclass Members  predominate over any questions affecting only individual members, and a class action is superior  to other methods for fairly and efficiently adjudicating this controversy.  