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`Deepali A. Brahmbhatt (SBN 255646)
`Email: dbrahmbhatt@devlinlawfirm.com
`DEVLIN LAW FIRM LLC
`3120 Scott Blvd. #13,
`Santa Clara, CA 95054
`Telephone: (650) 254-9805
`
`Timothy Devlin (pro hac vice pending)
`Email: tdevlin@devlinlawfirm.com
`Robert Kiddie (pro hac vice pending)
`Email: rkiddie@devlinlawfirm.com
`Robyn Williams (pro hac vice pending)
`Email: rwilliams@devlinlawfirm.com
`Devlin Law Firm LLC
`1526 Gilpin Avenue
`Wilmington, DE 19806
`Telephone: (302) 449-9010
`
`Attorneys for Plaintiff,
`Catherine Foster, on behalf of herself
`and all others similarly situated
`
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`SOUTHERN DIVISION
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` Case No.
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`CLASS ACTION COMPLAINT
`FOR DATA BREACH
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`DEMAND FOR JURY TRIAL
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`Catherine Foster, on behalf of herself and
`all others similarly situated,
`
`
`
`
`Plaintiff,
`
`v.
`
`
`Ring, LLC, a Delaware limited liability
`corporation,
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`
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`Defendant.
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`
`
`COMPLAINT
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`
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`Case 2:21-cv-02175-CBM-PLA Document 1 Filed 03/10/21 Page 2 of 22 Page ID #:2
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`
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`Plaintiff, Catherine Foster (“Plaintiff”), individually and on behalf of all
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`others similarly situated, brings this class action against Defendant Ring LLC
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`(“Ring” or “Defendant”), and alleges the following:
`
`I.
`
`INTRODUCTION
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`1.
`
`This action addresses Ring’s egregious failure to provide the safety and
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`security it ostensibly promises its customers and to respect the most fundamental of
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`its customers’ autonomy and privacy rights—the right to privacy in one’s home—and
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`the very principles upon which the company was purportedly built.
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`2.
`
`Ring markets and sells home security remote-access cameras and
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`appurtenant software (collectively, “devices”). Intended for use in and around the
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`home, Ring’s devices feature motion-activated cameras; a “live view” that allows
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`users to “check in on” their homes remotely; and a two-way talk feature that allows
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`users to communicate through the devices. According to Ring, its home security
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`devices offer “smart security here, there, everywhere.” Ring promises users that it
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`takes cybersecurity seriously and will safeguard users’ private information.
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`3.
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`Despite Ring expressly promising to provide its customers with “peace
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`of mind” and to put its customers’ “security first,” its devices actually expose the most
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`intimate areas of customers’ homes—and consequently the most private aspects of
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`customers’ lives—to unauthorized third parties through its deliberately inadequate
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`security measures that allows hackers to invade and terrorize their homes. Ring has
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`failed to protect consumers against ill-meaning hackers despite the fact that it had
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`been on notice of the inadequacies of its cybersecurity because of previous breach
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`incidents.
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`4.
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`Instead of helping families protect their homes, Ring’s devices—which
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`were plagued with cyber-security vulnerabilities—have provided hackers a wide-
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`open back door to enter the very homes the devices were supposed to protect. These
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`simple vulnerabilities permit vicious criminals to hack into Ring devices and
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`
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`1
`CLASS ACTION COMPLAINT
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`Case 2:21-cv-02175-CBM-PLA Document 1 Filed 03/10/21 Page 3 of 22 Page ID #:3
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`potentially their home networks. Based on the in-built vulnerabilities in the Ring
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`devices, Plaintiff is at a high risk of injury based on hacking or data breach.
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`5.
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`Furthermore, Ring actively shared users’ sensitive personal identifying
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`information (“PII”) with third parties without first obtaining users’ authorization or
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`consent. This sensitive data allows third parties to build comprehensive and unique
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`digital fingerprints to track consumer behavior and engage in surveillance behind the
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`walls of one’s private home, further enriching both Ring and the third parties.
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`6.
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`Ring continues to sell to the public devices that are not secure and are
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`prone to hacking, while promising consumers “peace of mind” and safety despite
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`continuing to affirmatively share its customers’ PII with third parties without their
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`clear, informed consent.
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`7.
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`Plaintiff brings this lawsuit to hold Ring responsible for selling defective,
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`dangerous devices and proliferating misrepresentations, and to prevent the public
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`from being similarly harmed in the future. Plaintiff requests that the Court order Ring
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`to take all necessary measures to secure the privacy of user accounts and devices, to
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`stop sharing customers’ PII with third parties without their clear, informed consent,
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`and to compensate Plaintiff and the Class members for the damage that Ring’s acts
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`and omissions have caused.
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`8.
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`Plaintiff intends to ask the Court to certify a Class under Rule 23(b)(2)
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`and 23(b)(3) on behalf of all persons in the United States who purchased Ring’s
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`defective devices and insecure services and/or created an account for use of such
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`devices (the “Purchaser/Accountholder Class”) and is at a significant risk of harm
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`through hacking, data breach and unauthorized sharing of PII.
`
`II. THE PARTIES
`
`9.
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`Plaintiff Catherine Foster is a resident and citizen of Massachusetts and
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`is a member of the Purchaser/Accountholder Class.
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`10.
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`Defendant Ring LLC is a Delaware is a limited liability company with
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`its principal lace of business in Santa Monica, California.
`2
`CLASS ACTION COMPLAINT
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`Case 2:21-cv-02175-CBM-PLA Document 1 Filed 03/10/21 Page 4 of 22 Page ID #:4
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`
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`III. JURISDICTION AND VENUE
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`11.
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`This Court has original jurisdiction pursuant to 28 U.S.C. § 1332(d)(2).
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`The matter in controversy, exclusive of interest and costs, exceeds the sum or value
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`of $5,000,000, and members of the Class are citizens of different states from Ring.
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`12.
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`This Court has personal jurisdiction over Ring because it maintains
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`headquarters in this District and operates in this District. Through its business
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`operations in this District, Ring intentionally avails itself of the markets within this
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`District to render the exercise of jurisdiction by this Court just and proper.
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`13.
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`Venue is proper in this District under 28 U.S.C. § 1391 because
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`significant events giving rise to this case took place in this District, and because Ring
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`is authorized to conduct business in this District, has intentionally availed itself of the
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`laws and markets within this District, does substantial business in this District, and is
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`subject to personal jurisdiction in this District.
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`IV. BACKGROUND
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`14.
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`Several of its user accounts and devices were hacked, putting Ring on
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`notice that its service and devices had serious security vulnerabilities. The very
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`purpose of the device and service was to provide security. The existing security
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`vulnerabilities make a user account or device from Ring more likely at risk to be
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`hacked or data breached. Such security risks take away from any benefits Ring
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`products or services provide.
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`15.
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`To date, Ring’s tardy updates are still insufficient to protect their
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`consumers’ privacy and security going forward. There is no indication that Ring has
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`addressed gaping security holes like Ring’s leaving their devices vulnerable to brute
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`force attacks and credential stuffing, failure to limit the number of failed login
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`attempts, or Ring’s failure to conduct basic IP detection to warn a customer that
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`someone is attempting to login to their account from multiple different geographic
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`locations at the same time. There is also no indication that Ring plans to require
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`3
`CLASS ACTION COMPLAINT
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`Case 2:21-cv-02175-CBM-PLA Document 1 Filed 03/10/21 Page 5 of 22 Page ID #:5
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`customers to use strong passwords or will prevent them from using passwords that
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`are known to be exposed from previous data breaches.
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`16.
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`Not only did Ring fail to protect Plaintiff’s Ring account in adopting
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`substandard security and privacy protocols, it also violated their customers’ privacy
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`by affirmatively sharing PII with third parties without authorization or consent.
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`17.
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`After widespread reporting on the Ring hacks, an investigation by the
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`Electronic Frontier Foundation (“EFF”), a nonprofit organization that educates
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`consumers on privacy matters, found that the Ring app integrated multiple third-party
`trackers1. This unauthorized release further exposed customers to privacy violations
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`by sharing their PII with third parties and increasing the risk of unauthorized access.
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`18.
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`Among the information shared with these third parties were customers’
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`names, private IP addresses, mobile network carriers, persistent identifiers, and sensor
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`data on the devices of Ring’s customers. Ring could remove the personal identifiers
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`in user data before sending it to third parties, but it does not.
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`19.
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`Ring thus allows third parties to track its customers on a granular level,
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`without meaningful user notification or consent and, in most cases, with no way to
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`mitigate the damage done. Persistent identifiers and device information are often sent
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`upon app install, and thus before the user has even had the opportunity to view and
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`accept the terms and conditions.
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`20.
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`The danger in sending even small bits of information, such as device
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`specifications, and an advertising ID, anonymous ID, or fingerprint ID, is that
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`analytics and tracking companies are able to combine these bits together to form a
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`unique picture of the user’s device (mobile phone or computer), and thus create a
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`fingerprint that follows the user as they interact with other apps and use their device,
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`in essence providing the ability to spy on what a user is doing in their daily lives, in
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`1 Bill Budington, Ring Doorbell App Packed with Third-Party Trackers, Electronic
`Frontier Foundation (Jan. 27, 2020),
`<https://www.eff.org/deeplinks/2020/01/ringdoorbell-
`app-packed-third-party-trackers>.
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`4
`CLASS ACTION COMPLAINT
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`Case 2:21-cv-02175-CBM-PLA Document 1 Filed 03/10/21 Page 6 of 22 Page ID #:6
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`their home, and precisely when they are doing it. This data detailing user behavior is
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`linked into a profile resulting in broad yet near perfect surveillance of practically all
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`of someone’s interests, identities, and daily routines. The information Ring’s app and
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`website sends to third-party servers at a minimum would allow third parties to know
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`when Ring users are at home or away.
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`21.
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`This information is used to build precise and detailed profiles on
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`individuals, ultimately identifying characteristics such as race, age, sexual orientation,
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`relationship status, socioeconomic status, parental status, and much more. Social
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`media sites and operating systems or apps on Mobile devices can exploit this indirect
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`data collection practices, in particular rely on apps to autonomously collect and send
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`information about app usage to the social network without telling users about the
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`arrangement.
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`22.
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`Obtaining data on and from a device, including the transmission of data
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`linked to a unique identifier from an app to third parties, constitutes the processing of
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`personal data. Data relating to the use of specific apps, including usage logs, from
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`which an individual is directly or indirectly identifiable is also personal data.
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`23.
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`Data harvesting is the fastest growing industry in the U.S. As software,
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`data mining, and targeting technologies have advanced, the revenue from digital ads
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`and the consequent value of the data used to target them have risen rapidly. On
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`information and belief, Ring continues to integrate a sweeping combination of third
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`party “analytics tools” and trackers that require collection of PII to serve its own
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`selfish purpose of monetization.
`
`24.
`
`Plaintiff Catherine Foster purchased Ring Camera before September 8,
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`2019 and started her subscription service on that date. She stopped ring protection
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`plan on November 24, 2020. By purchasing Ring device and using the service in the
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`past, she has put herself and her household at a significant risk of hacking, data breach
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`and unauthorized dissemination of her and her family’s PII.
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`5
`CLASS ACTION COMPLAINT
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`Case 2:21-cv-02175-CBM-PLA Document 1 Filed 03/10/21 Page 7 of 22 Page ID #:7
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`25.
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`Because Plaintiff Foster has canceled her subscription service, she is no
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`longer subject to the terms of her subscription service including arbitration. She
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`continues to use her Ring camera and view live streaming.
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`26.
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`Unlike other companies that use online accounts, as of the dates the
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`Plaintiff purchased their Ring devices, Ring did not require basic, industry-standard
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`measures to protect the security of users’ accounts. And instead of following any
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`industry standard practices or providing customers clear channels of remediation,
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`Ring places the blame for the data breach on their own users.
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`V. CLASS ALLEGATIONS
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`27.
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`Pursuant to Federal Rule of Civil Procedure 23(b)(2) and 23(b)(3),
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`Purchaser/Accountholder Plaintiff, individually and on behalf of all others similarly
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`situated, bring this lawsuit on behalf of themselves and as a class action on behalf of
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`the following Class:
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`Purchaser/Accountholder Class: All persons who purchased a Ring
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`security device of any kind from Ring LLC and/or created a Ring account
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`during the applicable limitations period from the state of Massachusetts
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`and nationwide.
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`28.
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`Excluded from the Class are any entities, including Ring, and Ring’s
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`officers, agents, and employees. Also excluded from the Class are counsel for
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`Plaintiff, any judicial officer presiding over this matter, members of their immediate
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`family, members of their judicial staff, and any judge sitting in the presiding court
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`system who may hear an appeal of any judgment entered.
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`29.
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`Members of the Class are so numerous that joinder is impracticable.
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`While the exact number of members of Class is unknown to Plaintiff, it is believed
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`that each Class is comprised of dozens, if not thousands, of members.
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`30.
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`Common questions of law and fact exist as to all members of the Class.
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`These questions predominate over questions that may affect only individual class
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`6
`CLASS ACTION COMPLAINT
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`Case 2:21-cv-02175-CBM-PLA Document 1 Filed 03/10/21 Page 8 of 22 Page ID #:8
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`
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`members because Ring has acted on grounds generally applicable to the Class. Such
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`common and legal factual questions for the Class include:
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`a. Whether Ring violated Plaintiff’s and Class Members’ privacy
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`rights;
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`b. Whether Ring failed to safeguard adequately Plaintiff’s and Class
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`Members’ property, including their private and personal
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`information;
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`c. Whether Ring’s collection and storage of Plaintiff’s and Class
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`Members’ private and personal information in the manner alleged
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`herein violated federal, state, and local laws, or industry standards;
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`d. Whether Ring’s disclosure of Plaintiff’s and Class Members’ private
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`and personal information in the manner alleged herein violated
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`federal, state, and local laws, or industry standards;
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`e. Whether Ring acted negligently;
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`f. Whether Plaintiff and the Class Members were harmed;
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`g. Whether Ring and Plaintiff formed implied contracts;
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`h. Whether Ring breached implied contracts with Plaintiff and the
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`Class Members;
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`i. Whether Ring’s conduct was unfair;
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`j. Whether Ring’s conduct was fraudulent;
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`k. Whether Plaintiff and the Class members are entitled to equitable
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`relief, including, but not limited to, injunctive relief, restitution, and
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`disgorgement; and
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`l. Whether Plaintiff and the Class members are entitled to actual,
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`statutory, punitive or other forms of damages, and other monetary
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`relief.
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`31.
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`Plaintiff’s claims are typical of the members of the Class as all members
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`of the Class are similarly affected by the Ring’s actionable conduct. Ring’s conduct
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`7
`CLASS ACTION COMPLAINT
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`Case 2:21-cv-02175-CBM-PLA Document 1 Filed 03/10/21 Page 9 of 22 Page ID #:9
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`that gave rise to the claims of Plaintiff and members of the Class is the same for all
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`members of the Class.
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`32.
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`Plaintiff will fairly and adequately protect the interests of the Class
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`because they have no interests antagonistic to, or in conflict with, the Class that
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`Plaintiff seeks to represent. Furthermore, Plaintiff has retained counsel experienced
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`and competent in the prosecution of complex class action litigation, including data
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`privacy litigation.
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`33.
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`Class action treatment is a superior method for the fair and efficient
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`adjudication of this controversy, in that, among other things, such treatment will
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`permit a large number of similarly situated persons or entities to prosecute their
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`common claims in a single forum simultaneously, efficiently, and without the
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`unnecessary duplication of evidence, effort, expense, or the possibility of inconsistent
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`or contradictory judgments that numerous individual actions would engender. The
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`benefits of the class mechanism, including providing injured persons or entities with
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`a method for obtaining redress on claims that might not be practicable to pursue
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`individually, substantially outweigh any difficulties that may arise in the management
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`of this class action.
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`34.
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`Plaintiff knows of no difficulty to be encountered in the maintenance of
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`this action that would preclude its maintenance as a class action.
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`35.
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`Ring has acted or refused to act on grounds generally applicable to the
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`Class, thereby making appropriate final injunctive relief or corresponding declaratory
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`relief with respect to the Class as a whole.
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`36.
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`Plaintiff suffers a substantial and imminent risk of repeated injury in the
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`future.
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`37.
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`38.
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`California law applies to the claims of all members of the Class.
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`The State of California has sufficient contacts to Ring’s relevant conduct
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`for California law to be uniformly applied to the claims of the Class. Application of
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`California law to all relevant Class Member transactions comports with the Due
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`8
`CLASS ACTION COMPLAINT
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`Process Clause given the significant aggregation of contacts between Ring’s conduct
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`and California.
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`39.
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`40.
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`Ring is headquartered and does substantial business in California.
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`A significant percentage of the Class Members are located in, and Ring
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`aimed a significant portion of its unlawful conduct at, California.
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`41.
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`The conduct that forms the basis for each Class Member’s claims against
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`Ring emanated from Ring’s headquarters in Santa Monica, California, including
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`Ring’s misrepresentations and omissions regarding security and decisions to
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`implement substandard security practices as alleged herein.
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`42.
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`California has a greater interest than any other state in applying its law
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`to the claims at issue in this case. California has a very strong interest in preventing
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`its resident corporations from engaging in unfair and deceptive conduct and in
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`ensuring that harm inflicted on resident consumers is redressed. California’s interest
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`in preventing unlawful corporate behavior occurring in California substantially
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`outweighs any interest of any other state in denying recovery to its residents injured
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`by an out-of-state defendant or in applying its laws to conduct occurring outside its
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`borders. If other states’ laws were applied to Class Members’ claims, California’s
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`interest in deterring resident corporations from committing unfair and deceptive
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`practices would be impaired.
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`VI. CLAIMS FOR RELIEF
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`43.
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`COUNT I
`NEGLIGENCE
`(On behalf of Plaintiff and the Class Members)
`Plaintiff re-alleges and incorporates the allegations in Paragraphs 1
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`through set forth above as if fully written herein.
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`44.
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`Ring owed Plaintiff and the members of the Class a duty to exercise
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`reasonable care in safeguarding and protecting access to their Ring accounts and
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`9
`CLASS ACTION COMPLAINT
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`Case 2:21-cv-02175-CBM-PLA Document 1 Filed 03/10/21 Page 11 of 22 Page ID #:11
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`keeping them from being compromised, lost, stolen, misused, and/or disclosed to
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`unauthorized parties.
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`45.
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`This duty included, among other things, designing, maintaining, and
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`testing security systems to ensure that users’ account information is adequately
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`secured and protected. Ring’s duty to Plaintiff and the members of Class arose from
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`the sensitivity of the information and privacy rights that Ring’s devices were designed
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`to secure and protect. This duty further arose because Ring affirmatively designed,
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`developed, maintained, and provided the Ring products and services to its customers,
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`who were the foreseeable victims of negligence in the design, development, and
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`maintenance of Ring’s products and services.
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`46.
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`Ring’s duties to use reasonable data security measures also arose under
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`Section 5 of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. § 45, which
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`prohibits “unfair . . . practices in or affecting commerce,” including, as interpreted
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`and enforced by the FTC, the unfair practice of failing to use reasonable data security
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`measures to protect consumers. Various FTC publications and data security breach
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`orders further form the basis of Luxottica’s duties. In addition, individual states have
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`enacted statutes based upon the FTC Act that also created a duty. The harm that has
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`occurred is the type of harm the FTC Act (and similar state statutes) were intended to
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`guard against.
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`47.
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`Ring breached its duty to Plaintiff and the members of Class when it
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`allowed unauthorized users to access their accounts, when it failed to implement and
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`maintain reasonable security protections and protocols, and when it knowingly shared
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`and/or sold customers’ PII to third parties for analytics and marketing purposes
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`without adequate disclosure to and consent from its customers.
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`48.
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`Ring, a sophisticated tech company, knows what the industry-standard
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`security practices are, but chose not to implement them.
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`49.
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`As a result of Ring’s breaches, several of the Class members suffered
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`serious injuries when unauthorized third parties were able to access their Ring
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`Case 2:21-cv-02175-CBM-PLA Document 1 Filed 03/10/21 Page 12 of 22 Page ID #:12
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`
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`accounts. And Plaintiff and other Class members are at a significant risk to suffer
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`injury due to Ring’s breaches because they incurred expense associated with
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`purchasing, installing, creating accounts for, and using the insecure devices in and
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`around their homes.
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`50.
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`It was entirely foreseeable to Ring that Plaintiff and the members of
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`Class would be harmed if it failed to adequately safeguard access to their Ring
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`accounts and security devices. Failure to protect their Ring accounts and access to
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`their security devices was likely to result in injury to Plaintiff and members of the
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`Class because hackers could gain unauthorized access to private information about
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`their lives, spy on them, harass them, threaten them, endanger them, and commit
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`financial fraud or theft using information learned through the unauthorized access.
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`51.
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`There is a close connection between Ring’s failure to adequately
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`safeguard access to the Ring accounts of the members of the Class and the injuries
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`suffered by them.
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`52.
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`But for Ring’s acts and omissions in maintaining inadequate security,
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`and
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`allowing
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`hackers
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`to
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`gain
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`access
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`to
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`customer
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`accounts,
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`the
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`Accountholder/Purchaser Plaintiff and Class Members’ devices would not be put at a
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`significant risk of getting hacked, their homes spied on, and loved ones harassed. This
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`close connection is further reinforced by the broader general evidence of hacks of
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`others’ Ring devices occurring around the same time period.
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`53.
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`Further, but for Ring’s disclosure and/or sale of PII to third parties for
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`analytics and marketing purposes without disclosure and consent,
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`the
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`Accountholder/Purchaser Plaintiff’s and
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`the Accountholder/Purchaser Class
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`Members’ PII and privacy rights would not have been compromised.
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`54.
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`Aware of the vulnerability of its customers, and the sensitive nature of
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`the information available to anyone who watches an indoor camera security feed, Ring
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`has not taken sufficient actions to prevent hackers from gaining unauthorized access.
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`Ring was aware of the problems with its security systems and that they were
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`Case 2:21-cv-02175-CBM-PLA Document 1 Filed 03/10/21 Page 13 of 22 Page ID #:13
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`vulnerable to intrusion by hackers, because these issues were widely covered in the
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`media. There was even a podcast dedicated to entertaining subscribers by hacking and
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`harassing Ring customers through their devices. But even though Ring was aware of
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`the vulnerability of its customers to being hacked through its accounts and devices,
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`Ring failed to cure those vulnerabilities or protect its customers’ accounts.
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`55.
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`Plaintiff and members of the Class enjoy a special relationship with
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`Ring. Ring provided services to Plaintiff and members of the Class, including the
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`ability to monitor their indoor security devices via their Ring accounts. The
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`transactions between Ring and the members of the Class are intended to benefit the
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`Plaintiff and members of the Class by providing them the ability to use the indoor
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`devices for all of the purposes they expected and Ring intended.
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`56.
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`Plaintiff and members of the Class were harmed by Ring’s failure to
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`exercise reasonable care in safeguarding their account information, and that harm was
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`reasonably foreseeable.
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`COUNT II
`VIOLATION OF CALIFORNIA UNFAIR COMPETITION LAW (“UCL”)
`(Or its equivalent in states nationwide and on behalf of Plaintiff and
`Class Members)
`Plaintiff re-alleges and incorporates the allegations in Paragraphs 1
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`57.
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`through set forth above as if fully written herein.
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`58.
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`Plaintiff has standing to pursue this cause of action because Plaintiff was
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`placed at and is at a significant risk of suffering injury in fact and lost money as a
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`result of Ring’s misconduct described herein.
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`59.
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`As described herein, Ring advertised their products and services as
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`enhancing security and safety, but in fact provided products and services that were
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`highly vulnerable to hacking and that worsened the safety and security of Plaintiff and
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`the members of the Class.
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`Case 2:21-cv-02175-CBM-PLA Document 1 Filed 03/10/21 Page 14 of 22 Page ID #:14
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`60.
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`Plaintiff would continue using her Ring products and services if they
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`could be assured that Ring would take adequate security measures to protect the
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`security of their accounts and devices going forward.
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`61.
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`The UCL defines unfair business competition to include any “unlawful,
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`unfair or fraudulent” act or practice, as well as any “unfair, deceptive, untrue or
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`misleading” advertising. Cal. Bus. & Prof. Code § 17200. Ring has engaged in
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`business acts and practices that, as alleged above, constitute unfair competition in
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`violation of Business and Professions Code section 17200.
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`Unlawful
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`62.
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`Ring’s business practices, as alleged herein, violate the “unlawful” prong
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`because Ring violates Plaintiff’s and Class Members’ rights to privacy and state laws,
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`including Article 1, Section 1 of the California Constitution, and the California
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`Consumers Legal Remedies Act.
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`Unfair
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`63.
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`Ring’s business practices, as alleged herein, violate the “unfair” prong
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`of the UCL because they offend an established public policy and are immoral,
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`unethical, and unscrupulous or substantially injurious to consumers.
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`64.
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`Plaintiff and members of the Class have a well-established right to
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`privacy and well-established privacy interests in their homes and in their sensitive
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`personal information. Ring’s failure to implement and maintain adequate security
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`protocols, and its disclosure and/or sale of customers PII to third parties without their
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`permission or consent, violated those interests and substantially injured them.
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`65.
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`The reasons, justifications, or motives that Ring may offer for the acts
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`and omissions described herein are outweighed by the gravity of harm to the victims.
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`The injuries suffered by Plaintiff and members of the Class are substantial and are not
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`outweighed by any countervailing benefits to consumers or competition.
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`Fraudulent
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`Case 2:21-cv-02175-CBM-PLA Document 1 Filed 03/10/21 Page 15 of 22 Page ID #:15
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`66.
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`Ring’s acts, as described herein, are “fraudulent” because they are likely
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`to deceive the general public.
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`67.
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`Ring’s business practices described herein also violate the UCL because
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`Ring falsely represented that goods or services have characteristics they do not have,
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`namely, good security; falsely represented that its goods or services are of a particular
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`standard when they are of another; advertised its goods and services with intent not
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`to sell them as advertised; represented that the subject of a transaction was supplied
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`in accordance with a previous representation when it was not; and/or made material
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`omissions regarding the security of Ring’s devices.
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`68.
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`As a result of Ring’s unlawful, unfair, and fraudulent business practices,
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`Plaintiff and members of the Class have a significant risk of suffering injury.
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`69.
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`If Ring is permitted to continue to engage in the unfair and fraudulent
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`business practices described above, its conduct will engender further injury,
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`expanding the number of injured members of the public beyond its already large size,
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`and will tend to render any judgment at law, by itself, ineffectual. Under such
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`circumstances, Plaintiff and members of the Class have no adequate remedy at law in
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`that Ring will continue to engage in the wrongful conduct alleged herein, thus
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`engendering a multiplicity of judicial proceedings. Plaintiff and members of the Class
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`request and are entitled to injunctive relief, enjoining Ring from engaging in the unfair
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`and fraudulent acts described herein.
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`70.
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`The basis for Plaintiff’s claims emanated from California, where the
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`primary decisions regarding what security measures to implement (or not) into Ring’s
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`devices occurred. Ring affirmatively instructs its users to contact Ring at an address
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`in Santa Monica, California, with questions about “data protection.”
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`COUNT III
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`BREACH OF IMPLIED CONTRACT
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`71.
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`Plaintiff re-alleges and incorporates the allegations in Paragraphs 1
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`through set forth above as if fully written herein.
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`Case 2:21-cv-02175-CBM-PLA Document 1 Filed 03/10/21 Page 16 of 22 Page ID #:16
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`72.
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`Ring sold devices to Plaintiff and members of the Class. In exchange,
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`Ring received benefits in the form of monetary payments. Plaintiff and members of
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`the Class also created Ring accounts, providing Ring with their v