(Against SquareTrade and Allstate for Violation of New York General Business Law §349)   (Against Costco for Violation of the New York General Business Law §349)   (Against Costco for Violation of New York GBL §350)   (Against SquareTrade and Allstate for Violation of New York GBL §350)   (Breach of Contract against SquareTrade, CE Care Plan Corp. and Allstate)   (Unjust Enrichment against all Defendants)  103.  Plaintiff incorporates and re-alleges all of the foregoing paragraphs.    104.  Plaintiff pleads, in the alternative to Count V, a claim for unjust enrichment.  105.  Defendants’ false advertising and deceptive practices have caused Plaintiff and  Class members to purchase a Protection Plan.   106.  Defendants were enriched by their deceptive acts and practices, at the expense of  Plaintiff and the Class.   107.  It would be inequitable for Defendants to be allowed to retain the benefits conferred  on them by Plaintiff and Class members.  23.  SquareTrade markets, sells and administers extended warranties, accident  protection and service plans for consumer products, such as smartphones, kitchen appliances,  televisions and other electronics.  SquareTrade sells its Protection Plans through a number of major  retailers, including Amazon, Costco, Sam’s Club, Target and Staples.     24.  According to SquareTrade’s website, www.squaretrade.com, Allstate and  SquareTrade have over 70 million active policies.     26.  Once a consumer purchases a Protection Plan from Costco, SquareTrade is  supposed to send an email to the customer regarding the plan and provides a link or other access  to the Terms and Conditions of the Protection Plan.  According to Costco’s website, SquareTrade  is to send plan purchasers an email also detailing the process to register the Protection Plan.    27.  Costco’s website provides a link to the Terms and Conditions on its website that  purchasers can view prior to purchase, but those Terms and Conditions are clearly marketed as a  sample, and the first page of the document informs consumers that the Terms and Conditions will  be sent to them after they purchase a Protection Plan.     28.  Customer complaints and online reviews make clear that SquareTrade does not  always provide purchasers of Protection Plans an email with the plan’s relevant Terms and  Conditions.   Costco’s Concierge Program   30.  Through its Concierge Services, Costco also provide members who buy certain  products an extended manufacturer’s warranty for up to two years from the date of purchase at no  additional charge.  The second-year warranty is offered on the following items: televisions, tuner- free displays, projectors, computers and major appliances.  Thus, Costco essentially mirrors the  manufacturer’s warranty one-year warranty for the second year.  Defendants Employ Deceptive Practices and False Advertising to Sell Protection Plans   31.  Costco is a membership warehouse club that is based on the concept of offering its  members low prices on a limited selection of branded and private-label products in a wide range  of categories.  A person must be a member to shop at Costco, and memberships can be purchased  in-store or online.  Costco annual membership fees range from $60 (for Standard Gold Star) to  $120 (for Gold Star Executive, which offers various benefits over the lower-priced membership).      32.  Costco offers for purchase to its members who buy eligible products a Protection  Plan administered by SquareTrade.  The Protection Plan can be purchased either in-store or online  and is marketed as an extended warranty for years 3, 4 and 5, with years 1 and 2 covered by Costco  Concierge.  The Protection Plans are priced according to the underlying price of the eligible  electronic device or appliance (a Covered Item).  For instance, a 3-year Protection Plan for a  television that costs more than $1,000 is $99.99.  A Protection Plan for televisions that cost  between $500 and $1,000 is $64.99.  A Protection Plan for televisions that cost less than $500 is  $34.99.     34.  While a Costco member typically purchases a Protection Plan at the time he or she  buys the underlying Covered Item at a Costco warehouse or online, a member can purchase a  protection plan up to 90-days after buying an eligible product from Costco.   38.  In store, Costco advertises and sells the Protection Plans by providing Brochures  with summary information and by sales representatives’ tactics.  The Brochure does not include  the full Terms and Conditions and the sales representatives do not have full knowledge of the  Terms and Conditions.  Instead, the Brochure clearly states that members who purchase a  Protection Plan get “5 total years of protection,” and states that years one and two are covered by  the manufacturer or Costco Concierge Services, and years three through five are covered by  SquareTrade.  The Brochure does not include any additional information concerning variations in  coverage by SquareTrade, such as if a manufacturer’s warranty is five years.  Also, Costco sales  representatives encourage members to purchase a Protection Plan, but the sales associates are not  aware of the details of the Terms and Conditions.  For these reasons, Costco members are unable  to determine what, if any, benefit they will receive by purchasing a Protection Plan.   40.  While Costco and/or SquareTrade state that the relevant Terms and Conditions for  the Protection Plan will be provided to the consumer later, based on customer reviews of the plans  on Costco’s website, many purchasers never receive a copy of the terms and conditions for the  specific Protection Plan they purchase.    41.  When SquareTrade does provide the Terms and Conditions to Costco members who  purchase a Protection Plan, it does so only after the plan is purchased.  SquareTrade typically  provides the Terms and Conditions to purchasers by email, and the Terms and Conditions are set  forth in the body of the email and a url link to the same information is also included in the email.     43.  Defendants’ standardized process for selling the Protection Plans is deceptive in  that the Protection Plans marketed and sold to customers fails to provide access to the Terms and  Conditions prior to, upon, or in some cases even after, sale of the plan.   66.  Plaintiff brings this class action pursuant to Fed. R. Civ. P. 23(a), (b)(1), and (b)(3)  on behalf of the following consumer class (the “Class”):  All purchasers of a SquareTrade Protection Plan from Costco for a Covered Item  that has a manufacturer’s warranty of more than two-years in New York State from  February 19, 2017 to the present (the “Class Period”).  Excluded from the Class are  defendants, their parents, subsidiaries and affiliates, their directors and officers and  members of their immediate families; also excluded are any federal, state or local  governmental entities, any judicial officers presiding over this action and the  members of their immediate family and judicial staff, and any juror assigned to this  action.   67.  Members of the Class are so numerous that joinder of all members would be  impracticable.  Plaintiff estimates that there are thousands of members of the Class.   69.  The claims of Plaintiff are typical of the claims of the members of the Class.   Plaintiff has no interests antagonistic to those of the Class, and Defendants have no defenses unique  to the Plaintiff.   70.  Plaintiff will protect the interests of the Class fairly and adequately, and Plaintiff  has retained attorneys experienced in complex class action litigation.   72.  Plaintiff incorporates and re-alleges all of the foregoing paragraphs.   73.  At all times relevant herein, the New York General Business Law (“GBL”) was in  effect.  GBL §349 prohibits materially misleading, consumer-oriented business acts that cause  injury to the Plaintiff.  The deceptive practice must be likely to mislead a reasonable consumer  acting reasonably under the circumstances.   74.  Costco was and is doing business in the State of New York and thus is subject to  New York law for the incidents described in this action.   75.  Costco’s deceptive practices have caused consumers, including Plaintiff, to  purchase the Protection Plans.   77.  As a result of Costco’s acts, Plaintiff and members of the Class are entitled to their  restitution interest of the monies paid to and/or received by Costco, appropriate injunctive relief  and other relief, as described herein   78.  Costco thus violated GBL §349 through its actions described above.   79.  Accordingly, Plaintiff and the other members of the Class were damaged when they  paid for the misrepresented Protection Plans.  80.  Plaintiff incorporates and re-alleges all of the foregoing paragraphs.   81.  The GBL was in effect at all times relevant herein.  GBL §349 prohibits materially  misleading, consumer-oriented business acts that cause injury to the Plaintiff.  The deceptive  practice must be likely to mislead a reasonable consumer acting reasonably under the  circumstances.   82.  SquareTrade and Allstate were and are doing business in the State of New York  and thus is subject to New York law for the incidents described in this action.   83.  SquareTrade and Allstate’s deceptive practices have caused consumers, including  Plaintiff, to purchase the Protection Plans.   84.  SquareTrade and Allstate’s acts and omissions of material fact in selling the  Protection Plans were misleading.   86.  SquareTrade and/or Allstate have thus violated GBL §349 through their actions  described above.   87.  Accordingly, Plaintiff and the other members of the Class were damaged when they  paid for the misrepresented Protection Plans.  88.  Plaintiff incorporates and re-alleges all of the foregoing paragraphs.   89.  The GBL was in effect at all times relevant herein.  GBL §350 prohibits materially  misleading, consumer-oriented business acts that cause injury to the Plaintiff.  The deceptive  practice must be likely to mislead a reasonable consumer acting reasonably under the  circumstances.   90.  Costco was and is doing business in the State of New York and thus is subject to  New York law for the incidents described in this action.   91.  Costco’s advertisements were false and misleading in a material respect and thus  Costco has violated GBL §350.   92.  Plaintiff and the other members of the Class have been injured by Costco’s false  advertising.  93.  Plaintiff incorporates and re-alleges all of the foregoing paragraphs.   95.  SquareTrade and Allstate were and are doing business in the State of New York  and thus is subject to New York law for the incidents described in this action.   96.  SquareTrade and Allstate’s advertisements were false and misleading in a material  respect and thus SquareTrade and Allstate have violated GBL §350.   97.  Plaintiff and the other members of the Class have been injured by SquareTrade’s  false advertising.  98.  Plaintiff incorporates and re-alleges all of the foregoing paragraphs.   SquareTrade’s Products are a Lucrative Business  