22.  Plaintiff brings this action on behalf of herself and the members of the  proposed class. The proposed class shall be defined as follows:  All consumers in the State of New Jersey that purchased a product from  Defendant via www.poptropica.com subject to the “Terms of Use” during  the applicable statute of limitations through the date of final judgment  in this action.    24.  Plaintiff reserves the right to expand, narrow or add additional classes by  amendment as investigation and discovery continues.    25.  The members of the Class are so numerous that joinder is impractical. On  information and belief, the Class consists of thousands of members, the precise number of  which is within the knowledge of and can be ascertained only by resort to Defendant’s  records.    26.  There are numerous questions of law and fact common to the Class which  predominate over any questions affecting only individual members of the Class. Among the  questions of law and fact common to the Class are:  a.  Whether Defendant’s Terms of Use violates the TCCWNA;  b.  Whether the Class is entitled to a class-wide injunction barring Defendant  from asserting or attempting to enforce the aforesaid illegal provisions in its Terms of Use;  c.  Whether the Terms of Use’s Disclaimers and Limitation of Liability  provision  constitutes one or multiple TCCWNA violations;  d.  Whether the Terms of Use’s Indemnification clause constitutes one or  multiple TCCWNA violations;  e.  Whether the Terms of Use’s Controlling Law provision constitutes a  TCCWNA violation; and  f.  Whether Plaintiff and the Class are entitled to a civil penalty of not less than  $100 for each TCCWNA violation in Defendants’ Terms of Use.   28.  Class certification is appropriate under Fed. R. Civ. P. 23(b)(1) because  prosecution of separate actions by individual Class members would create a risk of: (1)  inconsistent or varying adjudications with respect to individual members of the Class which  would establish incompatible standards of conduct for the Defendant; or (2) adjudications  with respect to such individual members of the Class, which as a practical matter may be  dispositive of the interests of other members not parties to the adjudication, or substantially  impair or impede their ability to protect their interests.   29.  Class certification is further appropriate under Fed. R. Civ. P. 23(b)(2)  because Defendant has acted on grounds generally applicable to the Class, thereby making  appropriate final injunctive relief with respect to the Class as a whole.   31.  This lawsuit may be maintained as a class action under Fed. R. Civ. P.  23(b)(3) because questions of fact and law common to the Class predominate over the  questions affecting only individual members of the Class, and a class action is superior to  other available means for the fair and efficient adjudication of this dispute.   32.  The damages suffered by each individual Class member may be  disproportionate to the burden and expense of individual prosecution of complex and  extensive litigation to proscribe Defendant’s conduct and practices. Additionally, effective  redress for each and every Class member against Defendant may be limited or even  impossible where serial, duplicate, or concurrent litigation occurs arising from these disputes.   Even if individual Class members could afford or justify the prosecution of their separate  claims, such an approach would compound judicial inefficiencies, and could lead to  incongruous and conflicting judgments against Defendant. A class action is superior to any  other available method for the fair and efficient adjudication of this controversy, because: (i)  common questions of law and fact overwhelmingly predominate over any individual  questions that may arise, such that there will be efficiencies to the courts and the parties in  litigating the common issues on a class basis rather than on an individual basis; (ii) class  treatment is desired for optimal deterrence and compensation; (iii) the economies of scale  inherent in litigating similar claims on a common basis will enable this case to be litigated on  a cost-efficient basis as a class action, especially when compared to repetitive individual  actions; (iv) no unusual difficulties are likely to be encountered in the management of this  class action as the proofs as to liability are common to all Class members; and (vi this action  would be effectively impossible to bring as individual actions leaving Plaintiff and others  similarly situated with no viable remedy.   34.  Plaintiff hereby incorporates and realleges paragraphs 1-33, as if fully set forth  herein.    35.  The TCCWNA states “No seller … shall in the course of his business offer …  or enter into any written consumer contract … which includes any provision that violates any  clearly established legal right of a consumer or responsibility of a seller … as established by  [New Jersey] or Federal law ….”  N.J.S.A. 56:12-15.   36.  Defendant is a “seller” within the meaning of N.J.S.A. 56:12-15.   37.  Plaintiff is a “consumer” within the meaning of N.J.S.A. 56:12-15.   38.  Defendant’s Terms of Use constitute a consumer contract displayed and/or  offered to consumers.   39.  The Terms of Use, as detailed above, include provisions that purport to  violate the legal rights of New Jersey consumers and/or limit Defendant’s responsibility  including specifically pursuant to the Disclaimers and Limitation of Liability provision, the  Indemnification clause, and the Controlling Law section.   40.  Pursuant to N.J.S.A. 56:12-17, Plaintiff and the Class are entitled to (a) civil  penalty of not less than $100, payable to Plaintiff and each Class Member, for each violation  of the TCCWNA; and (b) reasonable attorneys’ fees and court costs.   41.  Plaintiff reserves the right to identify additional provisions of the law violated  Defendant as further investigation and discovery warrant.   Violations of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act  (TCCWNA)  