4.1  Coinstar does business in the State of Washington and throughout the  United States. The services Coinstar offers to consumers include converting coins into  cash vouchers and free coin counting when consumers use their coins to purchase Coin  to Card gift certificates for Coinstar’s retail and service partners.   4.2  Coinstar sells gift certificates to consumers from its Coinstar kiosks  located throughout Washington and the United States.   4.3  To stimulate consumer interest and a sense of urgency in consumers to  purchase gift certificates from Coinstar, Coinstar does not charge the typical fee for its  coin counting service (9.8 cents per U.S. dollar) if a customer elects to purchase a gift  certificate instead of receiving a cash voucher, thereby inducing its customers to buy  Case 2:13-cv-00316-RHW    Document 1    Filed 08/27/13 Jeffers, Danielson, Sonn & Aylward, P.S.  Attorneys at Law  2600 Chester Kimm Road / P.O. Box 1688  Wenatchee, WA  98807-1688  5.1  Request for Certification.  Lair seeks certification of the above-described  Class.   5.2  Numerosity (CR 23(a)(1)).  The exact number of Class members is  unknown to Lair at this time.  According to Coinstar’s website, Coinstar has kiosk  machines in nearly 19,000 locations.  On information and belief, Coinstar has  contracted with thousands of Class members throughout the State of Washington,  making joinder of each individual Class member impracticable.  The exact number of  Class members may be discerned from Coinstar’s records of gift certificate sales in  Washington, and such persons may be identified with particularity through appropriate  judicial notice and discovery procedures, such that it would be possible to give such  persons actual notice of these proceedings, if required.   5.3  Commonality and Predominance. Common questions of law and fact exist  Case 2:13-cv-00316-RHW    Document 1    Filed 08/27/13 Jeffers, Danielson, Sonn & Aylward, P.S.  Attorneys at Law  2600 Chester Kimm Road / P.O. Box 1688  Wenatchee, WA  98807-1688  7.1  There exists an actual controversy between Lair and the Class on one  hand, and Coinstar on the other, to the extent Coinstar’s practicing relative to its sale  and issuance of gift certificates are contrary to Washington law and public policy.   7.2  As described above, Coinstar’s transactions with Lair and the Class  violate the Consumer Protection Act and the Gift Card Act in that Coinstar is selling  gift certificates to consumers with undisclosed, effective expiration dates, and Coinstar  unlawfully restricts redemption when a consumer makes a purchase for less than the  full value of the gift certificate and unlawfully restricts redemption to only “eligible”  products of Coinstar’s retail and service partners, which are not disclosed in advance to  consumers.   7.3  Coinstar’s sales of gift certificates with expiration dates and redemption  restrictions to Lair and the Class are contrary to applicable Washington law and are  therefore void under RCW 19.240.110.  Case 2:13-cv-00316-RHW    Document 1    Filed 08/27/13 Jeffers, Danielson, Sonn & Aylward, P.S.  Attorneys at Law  2600 Chester Kimm Road / P.O. Box 1688  Wenatchee, WA  98807-1688  8.1   Coinstar’s and/or its agents’ actions in:  (a)  Marketing and selling gift certificates that are subject to effective  expiration dates which violate Washington state law;  Case 2:13-cv-00316-RHW    Document 1    Filed 08/27/13 Jeffers, Danielson, Sonn & Aylward, P.S.  Attorneys at Law  2600 Chester Kimm Road / P.O. Box 1688  Wenatchee, WA  98807-1688  9.1  Coinstar knowingly received and retained benefits from Lair and the Class  under circumstances that would render it unjust to allow Coinstar to retain such  benefits.   9.2  Under principles of equity and good conscience, Coinstar should not be  permitted to retain the monies belonging to Lair and the Class that Coinstar was paid in  Case 2:13-cv-00316-RHW    Document 1    Filed 08/27/13 Jeffers, Danielson, Sonn & Aylward, P.S.  Attorneys at Law  2600 Chester Kimm Road / P.O. Box 1688  Wenatchee, WA  98807-1688  CLASS ACTION PROSECUTION   DECLARATORY RELIEF PURSUANT TO RCW 7.24 et seq.   RESTITUTION/UNJUST ENRICHMENT   VIOLATION OF THE WASHINGTON CONSUMER PROTECTION ACT  