38. POSTMATES manufactures, distributes, markets, advertises, and sells the Service,  which claims to be able to (1) deliver “Anything. Anytime. Anywhere.” when in fact, it is not,  because the Service will not deliver anything, anytime, anywhere, and (2) allow use of their  Service for a set “Delivery Fee”, but whose Service charges other non-tax variable fees.   39. Defendant’s statements that it can deliver “Anything. Anytime. Anywhere.” for a set  “Delivery Fee” prominently displayed on the Service’s main, primary screen (i.e., it is necessary  to view to use the Service) and its other marketing, including packaging and/or labeling, is false,  misleading, and likely to deceive reasonable customer, such as Plaintiff and members of the  Class, because the Service does not allow delivery of “Anything. Anytime. Anywhere.”, as  evinced by the options available in the Service, and also charges more than a simple “Delivery  Fee”, as evinced by a hidden “Service Fee”.   40. Delivery of “Anything. Anytime. Anywhere.” would mean to a reasonable NYC  customer that delivery was possible for anything sold in the local NYC stores to a NYC location  since it is reasonable to believe a business could provide such a service, since competitors exist  and do provide such services (e.g., TaskRabbit, Uber). Contrary to Defendant’s express or  implied representations, the Service does not provide for delivery of “Anything. Anytime.  Anywhere.”, even in local NYC.   54. Plaintiff re-alleges and incorporates by reference the allegations set forth in each  of the preceding paragraphs of this Complaint.   55. Pursuant to Federal Rule of Civil Procedure 23, Plaintiff brings this class action  and seeks certification of the claims and certain issues in this action on behalf of a Class defined  as:  all New York persons (i.e., consumers and non-consumers) who have used  Postmate’s services, during the period extending from January 15, 2012,  through and to the filing date of this Complaint.   56. Plaintiff reserves the right to amend the Class definition if further investigation  and discovery indicates that the Class definition should be narrowed, expanded, or otherwise  modified. Excluded from the Class are governmental entities, Defendant, any entity in which  Defendant has a controlling interest, and Defendant’s officers, directors, affiliates, legal  representatives, employees, co-conspirators, successors, subsidiaries, and assigns. Also  excluded from the Class is any judge, justice, or judicial officer presiding over this matter and  the members of their immediate families and judicial staff.   57. Defendant’s practices and omissions were applied uniformly to all members of  the Class, including any subclass arising out of the New York statutory claims alleged herein, so  that the questions of law and fact are common to all members of the Class and any subclass.   81. Plaintiff alleges and incorporates by reference the allegations set forth in each  of the preceding paragraphs of this Complaint, and alleges now the same allegations above  regarding POSTMATES, noting specifically that the allegations include that POSTMATES  injured business clients (e.g., partnerships, corporations) as well as unaffiliated individuals in  their individual capacity. Plaintiff alleges and incorporates all allegations made above.    UNJUST ENRICHMENT    VIOLATION OF NEW YORK’S   GENERAL BUSINESS LAW § 349  