11.  On December 1, 2010, sections 17600-17606 of the Cal. Bus. & Prof.  Code came into effect.  The Legislature’s stated intent for this Article was to end the  practice of ongoing charges to consumers’ Payment Methods without consumers’  explicit consent for ongoing shipments of a product or ongoing deliveries of service.   See Cal. Bus. & Prof. Code § 17600.    23.  Plaintiff brings this action, on behalf of herself and all others similarly  situated, as a class action pursuant to Rule 23(a) of the Federal Rules of Civil  Procedure. The proposed Class (the “Class”) that Plaintiff seeks to represent is  composed of and defined as:  “All persons within California that, within the applicable statute of  limitations period, purchased any product or service in response to an  offer constituting an “Automatic Renewal” as defined by § 17601(a)  from Drugstore.com, Inc., its predecessors, or its affiliates.”   24.  This action is brought and may be properly maintained as a class action  pursuant to the provisions of Federal Rule of Civil Procedure 23(a)(1)-(4) and 23(b)(1)- (3).  This action satisfies the numerosity, typicality, adequacy, predominance and  superiority requirements of those provisions.   33.  The foregoing paragraphs are alleged herein and are incorporated herein  by reference.   34.  Cal. Bus. Prof. Code§ 17602(a)(1) provides:  (a) It shall be unlawful for any business making an automatic renewal or  continuous service offer to a consumer in this state to do any of the  following:  (l) Fail to present the automatic renewal offer terms or continuous  service offer terms in a clear and conspicuous manner before the  subscription or purchasing agreement is fulfilled and in visual  proximity, or in the case of an offer conveyed by voice, in temporal  proximity, to the request for consent to the offer.   38.  The foregoing paragraphs are alleged herein and are incorporated herein  by reference.   39.  Cal. Bus. & Prof. Code § 17602(a)(2) provides:  (a) It shall be unlawful for any business making an automatic renewal or  continuous service offer to a consumer in this state to do any of the  following:  (2) Charge the consumer’s credit or debit card or the consumer’s  account with a third party for an automatic renewal or continuous  service without first obtaining the consumer, s affirmative consent to  the agreement containing the automatic renewal offer terms or  continuous service offer terms.   40.  Defendant charged, and continues to charge Plaintiff’s and Class  Members’ Payment Method for an automatic renewal or continuous service without  first obtaining Plaintiff’s and Class Members affirmative consent to language  containing the automatic renewal offer terms or continuous service offer terms.   43.  The foregoing paragraphs are alleged herein and are incorporated herein  by reference.   44.  Cal. Bus. & Prof. Code § 17200, et seq. (the “UCL”) prohibits unfair  competition in the form of any unlawful or unfair business act or practice. Cal. Bus. &  Prof. Code § 17204 allows “a person who has suffered injury in fact and has lost money  or property” to prosecute a civil action for violation of the UCL. Such a person may  bring such an action on behalf of himself or herself and others similarly situated who  are affected by the unlawful and/or unfair business practice or act.   45.  Since December l, 2010, and continuing to the present, Defendant has  committed unlawful and/or unfair business acts or practices as defined by the UCL, by  violating Cal. Bus. & Prof. Code § 17602(a)(3).  The public policy which is a predicate  to a UCL action under the unfair prong of the UCL is tethered to a specific statutory  provision.  See Cal. Bus. & Prof. Code §§ 17600, 17602.   46.  As a direct and proximate result of Defendant’s unlawful, and/or unfair  acts and practices described herein, Defendant has received, and continues to hold,  unlawfully obtained property and money belonging to Plaintiff and Class Members in  the form of payments made for subscription agreements by Plaintiff and Class  Members. Defendant has profited from its unlawful and/or unfair acts and practices in  the amount of those business expenses and interest accrued thereon.   California Business Professions Code §§ 17600-17606   FAILURE TO OBTAIN CONSUMER’S AFFIRMATIVE CONSENT  BEFORE THE SUBSCRIPTION IS FULFILLED  (CAL BUS. & PROF. CODE §§ 17602(a)(2) and 17603)  (By Plaintiff, on her own behalf and on behalf of the Class, against All Defendants)   FAILURE TO PRESENT AUTOMATIC RENEWAL OFFER TERMS OR  CONTINUOUS SERVICE OFFER TERMS CLEARLY AND  CONSPICUOUSLY AND IN VISUAL, PROXIMITY TO THE REQUEST FOR  CONSENT OFFER (CAL. BUS. & PROF. CODE§ 17602(a)(l))  (By Plaintiff, on her own behalf and on behalf of the Class, against All Defendants)   VIOLATION OF THE UNFAIR COMPETITION LAW  (CAL. BUS. & PROF. CODE§ 17200 et. seq.)  (By Plaintiff, on her own behalf and on behalf of the Class, against All Defendants)  