15.   16.  The Yahoo Contract incorporates Yahoo's Privacy Policy.  j  One of the provisions ("Personal-Information Provision") of the Yahoo Contr~t  I  27  states, · relevant part:  28  Yahoo! collects personal information when you register with Yahoo!  Plaintiff brings this action individually, and as a Class Action pursuant to Federal  '  ivil Procedure 23(a) and 23(b )(3) on behalf of all persons and entities who, without prio~  e had their names disclosed when sending emails from their Yahoo Email Addresses~  I  Yahoo, its officers, employees, and representatives, and their families (the "Class"), at an~  · g the period beginning four years prior to the commencement of this action and continuin~  11  until the  solution of this action (the "Class Period").  '  12  The Members of the Class are so numerous that joinder of all Members i~  13  14  I  There are more than 5,000,000 individuals and entities whose claims are similar td  '  15  Plaintiff claims, which are typical of the claims of the other Members of the Class.  16  17  Plaintiff would fairly and adequately protect the interests of the Class. lndeedJ  I  I  interests are, for purposes of this litigation, coincident with the interests of the otheti  18  f the Class. Plaintiff has no interests that are antagonistic to, or in conflict with, the othe~  19  Members of the Class.  20  A class action is superior to all other available methods for the fair and efficien.  !  21  adjudica · n of this controversy. Because the Class is so numerous that joinder of all Members i~  22  impractic ble, and because the damages suffered by most ofthe individual Members of the Class ard  !  23  too small o render prosecution of the claims asserted herein economically feasible on an individu~  I  24  xpense and burden of individual litigation makes it impractical for Members of the Clas~  I  25  ly address the wrongs complained of herein. Plaintiff knows of no impediments to th~  !  26  anagement of this action as a class action.  I  I  27  Common questions oflaw and fact predominate over questions that might affect only  28  Members of the Class. Among the questions oflaw and/or fact common to the Class are:  Yahoo provides, to members of the public, an email service in which Yahoo provide'  esses with the domain name of yahoo.com ("Yahoo Email Addresses");  e.g.~  I  Yahoo requires a person in the United States who wishes to obtain a Yahoo EmaiJ  I  !  provide Yahoo with certain information, including the following: first name; last namd;  I  day; country; and postal code.  :  I  Yahoo, through its default settings, knowingly and without prior notice to, or conse~  I  o Email Users, adds a User's first and last names in the header of the emails that the Usc.t  '  his Yahoo Email Address ("Yahoo Email"), such that the recipients of the Yahoo Email  !  I  Yahoo's Terms of Service constitute a contract ("Yahoo Contract").  The Yahoo Contract provides that "the parties shall be governed by the laws of the  !  State of alifornia without regard to its conflict oflaw provisions and that any and all claims, cauJ  22  of actio or disputes (regardless of theory) arising out of or relating to the [Yahoo Contract], or~  I  23  relations · p between you andY ahoo!, shall be brought exclusively in the courts located in the coun~  24  of Santa Cl~ California or the U.S. District Court for the Northern District of California."  I  25  26   [Breach of Contract under California law]  2 .  Plaintiff repeats and realleges each and every allegation contained in paragraphs "1 i'  through ' 24" inclusive of this Complaint as if fully set forth herein.  24  I  !  25  26  27  28  The Yahoo Contract constitutes a valid, binding, and enforceable contract.  Yahoo's disclosure of its email users' first and last names in the manner descri~  I  herein c stitutes a breach of the Yahoo Contract.  I  As a result ofY ahoo • s breach of contract, Plaintiff and the other Class Members are 