Case 4:22-cv-00422-KAW Document 1 Filed 01/22/22 Page 1 of 21
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`EDGE, A PROFESSIONAL LAW CORPORATION
`Daniel A. Rozenblatt (SBN 336058)
`daniel@edge.law
`Seth W. Wiener (SBN 203747)
`seth@edge.law
`1341 La Playa Street 20
`San Francisco, CA 94122
`Telephone: (415) 515-4809
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`Attorneys for Plaintiff
`HARSH ALKUTKAR
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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` Case No.:
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`CLASS ACTION COMPLAINT
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`DEMAND FOR JURY TRIAL
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`HARSH ALKUTKAR, individually and on
`behalf of all others similarly situated,
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`Plaintiff,
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`vs.
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`BUMBLE INC. and BUMBLE HOLDING
`LIMITED,
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`Defendants.
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`CLASS ACTION COMPLAINT
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`Case 4:22-cv-00422-KAW Document 1 Filed 01/22/22 Page 2 of 21
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`Plaintiff Harsh Alkutkar (“Plaintiff”), individually and on behalf of all others similarly
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`situated, brings this action against Defendants Bumble Inc. and Bumble Holding Limited (together
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`“Bumble” or “Defendants”). Upon personal knowledge as to his own acts and status and upon
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`information and belief as to all other matters, Plaintiff alleges the following:
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`1.
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`This is a class action against Bumble for false advertising on its popular dating
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`INTRODUCTION
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`software application (“app”) called Bumble. The app works by allowing users to create their own
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`profile, with photos and information about themselves. Bumble then presents users with other user
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`profiles on which users can ‘swipe’ left or right to ‘like’ or ‘dislike’ the other user. When two users
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`mutually swipe right on one another’s profile, they ‘match.’ After two users match, Bumble creates
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`a private line of communication between the users, after which they can start a ‘conversation.’
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`2.
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`Bumble is unique among the dating apps because on Bumble, “women make the first
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`move” and “men cannot initiate a conversation with women.”1 To increase the likelihood of
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`matching with another user, Bumble advertises premium features that users can purchase.
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`3.
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`Two examples of such features are “Spotlights” and “SuperSwipes.” To induce users
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`to purchase Spotlights, Bumble advertises that users will receive “Up to 10x more matches.” To
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`induce users to purchase SuperSwipes, Bumble advertises that users will receive “Up to 10x more
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`conversations.” Users understand “10x more conversations” to mean they will receive ten times
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`more matches because a match is required before a conversation can start.
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`1 Source: https://bumble.com/help/why-can-t-i-start-a-conversation-with-somebody-i-ve-swiped-
`right-on, last visited January 21, 2022.
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`CLASS ACTION COMPLAINT
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`Case 4:22-cv-00422-KAW Document 1 Filed 01/22/22 Page 3 of 21
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`4.
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`The claims that Spotlights and SuperSwipes provide up to ten times more matches
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`and conversations are gross exaggerations of the actual benefits these features provide. Indeed, even
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`Bumble’s website and official Twitter account seem to contradict these claims, instead promising
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`that “Men who use SuperSwipe are twice as likely to get a match” and “users who SuperSwipe are
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`twice as likely to match!”2
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`5.
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`But even twice the number of matches is a gross exaggeration of the benefit that
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`SuperSwipes provide. In reality, it appears that most men who use SuperSwipes see no increase in
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`matches whatsoever. For example, on one internet website, several men complained:
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`2 Source: https://bumble.com/en-us/the-buzz/how-to-get-more-matches and https://twitter.com/
`bumble/status/978425990526521344, last visited January 21, 2022.
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`CLASS ACTION COMPLAINT
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`Case 4:22-cv-00422-KAW Document 1 Filed 01/22/22 Page 4 of 21
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`3 Source: https://www.reddit.com/r/Bumble/comments/6s1l4c/super_swiping_is_it_lame_does_it_
`work_lets_find, last visited January 21, 2022.
`4 Source: https://www.reddit.com/r/datingoverthirty/comments/a8ei2u/if_you_use_bumble_what_
`are_your_feelings_on, last visited January 21, 2022.
`5 Source: https://www.reddit.com/r/Bumble/comments/kj0ihr/superswipe_is_broken, last visited
`January 21, 2022.
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`CLASS ACTION COMPLAINT
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`Case 4:22-cv-00422-KAW Document 1 Filed 01/22/22 Page 5 of 21
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`6.
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`Ironically, under some circumstances, SuperSwipes may actually harm a man’s
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`chances at matching with a woman. Normally, when a woman is viewing a man’s profile, she has
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`no way of knowing whether the man has swiped left or right on her. SuperSwipes eliminate that
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`uncertainty by letting the woman know that the user whose profile she is viewing already
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`‘SuperSwiped’ on her. According to Bumble, SuperSwipes allows men to “make a bold first
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`impression” and “tell a potential match you’re confidently interested in them.” Inadvertently,
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`SuperSwipes also tell potential matches that the user spent a lot of money to make that impression.
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`For example, in response to the question, “Ladies, Does Super Swipe make you
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`consider someone more?” one woman responded:
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`Another woman responded:
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`And yet another woman responded:
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`8.
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`It appears Bumble recognizes that informing women that a man spent money on a
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`premium feature might make that woman less—not more—attracted to the man. For that reason, in
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`its Spotlight marketing, Bumble assures men that “you’ll advance your profile to the top of the
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`stack to be viewable by more people instantly without anyone knowing.”7
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`6 Source: https://www.reddit.com/r/Bumble/comments/cugrd8/ladies_does_super_swipe_make_
`you_consider_someone, last visited January 1, 2022.
`7 https://bumble.com/help/what-is-spotlight (emphasis added), last visited January 21, 2022.
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`CLASS ACTION COMPLAINT
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`Case 4:22-cv-00422-KAW Document 1 Filed 01/22/22 Page 6 of 21
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`9.
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`Like numerous other Bumble users, Plaintiff purchased SuperSwipes and Spotlights
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`believing he would receive significantly more matches and conversations. But like numerous other
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`Bumble users, Plaintiff received no discernable benefit whatsoever. In bringing this lawsuit,
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`Plaintiff intends to curb Bumble’s false advertising. Plaintiff seeks public injunctive relief in the
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`form of a court order prohibiting Bumble from continuing to make false claims about the benefits of
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`SuperSwipes and Spotlights, and seeks compensation for himself and all others similarly situated
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`who have been duped by Bumble’s false advertising.
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`Plaintiff Harsh Alkutkar (“Alkutkar”) is a resident of Daly City, California. On
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`THE PARTIES
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`March 21, 2021, Alkutkar purchased a pack of SuperSwipes from within the Bumble app. On
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`August 15, 2021 and September 9, 2021, Alkutkar purchased a pack of Spotlights from within the
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`Bumble app.
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`11.
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`Defendant Bumble Inc. is a Delaware corporation, with its principal place of
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`business at 1105 West 41st Street, Austin, Texas, 78756. Bumble Inc. operates the Bumble app on
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`which Plaintiff purchased packs of SuperSwipes and Spotlights.
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`12.
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`Defendant Bumble Holding Limited is a corporation organized under the laws of the
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`United Kingdom, with its principal place of business in London, United Kingdom. Bumble Holding
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`Limited is a subsidiary of Bumble Inc. and is listed as the recipient of payments made on the
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`Bumble app.
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`JURISDICTION AND VENUE
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`This Court has subject matter jurisdiction pursuant to the Class Action Fairness Act
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`of 2005, 28 U.S.C. § 1332(d)(2), because the aggregate claims of the members of the proposed
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`Class exceed $5 million (exclusive of interest and costs), the proposed Class consist of 100 or more
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`members, and at least one member of the proposed Class is a citizen of a different state than
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`Bumble.
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`14.
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`California has personal jurisdiction over Bumble because Bumble has sufficient
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`minimum contacts with California, having intentionally availed itself of the California market
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`through the promotion, marketing, and sale of services in California so as to render the exercise of
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`CLASS ACTION COMPLAINT
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`Case 4:22-cv-00422-KAW Document 1 Filed 01/22/22 Page 7 of 21
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`jurisdiction by this Court permissible under traditional notions of fair play and substantial justice.
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`15.
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`Venue is proper in the Northern District of California pursuant to 28 U.S.C. § 1391
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`(b)(2) because a substantial part of the events or omissions which give rise to Plaintiff’s claims
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`occurred in the county of San Mateo in California.
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`Pursuant to the Northern District of California’s Local Rule No. 3-2(e), assignment
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`of this matter to the San Francisco Division is appropriate because a substantial part of the events or
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`omissions which give rise to the claims asserted herein occurred in San Mateo County.
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`FACTUAL ALLEGATIONS
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`Bumble launched its dating app in 2014, and today it is considered a leader in the
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`online dating sector across several countries, including the United States, United Kingdom,
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`Australia, and Canada. In 2020 alone, Bumble had approximately 1.1 million paying users on its
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`app and approximately $360 million in revenue.8
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`18.
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`The Bumble app utilizes a ‘freemium’ business model where it provides the basic
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`service to users for free while offering premium features for purchase. Users are induced to
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`purchase premium features on the premise that they will increase the probability or speed of
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`matching with other users.
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`A.
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`SuperSwipes
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`According to Bumble, users can use SuperSwipe to inform potential matches that
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`they are confidently interested in them, whereas typically a right swipe—i.e., a ‘like’—is
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`anonymous until both users swipe right.
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`20.
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`Bumble sells SuperSwipes in individual “Packs.” As of the filing of this complaint, a
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`pack of thirty SuperSwipes costs $39.99; a pack of fifteen costs $22.99; a pack of five costs $9.99;
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`and a pack of two costs $5.99.
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`B.
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`Spotlights
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`According to Bumble, users can use Spotlight to advance their profile to the top of
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`the list of potential matches so it is viewable by more potential matches instantly.
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`8 Source: https://www.sec.gov/Archives/edgar/data/0001830043/000156459021013176/bmbl-
`10k_20201231.htm, last visited January 22, 2021.
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`Case 4:22-cv-00422-KAW Document 1 Filed 01/22/22 Page 8 of 21
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`22.
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`Bumble sells Spotlights in individual “Packs.” As of the filing of this complaint, a
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`pack of thirty Spotlights costs $49.99, a pack of fifteen costs $29.99; a pack of five costs $12.99;
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`and a pack of one costs $5.99.
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`C.
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`Bumble’s False Claims
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`Bumble induces users to purchase packs of SuperSwipes and Spotlights from within
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`the Bumble app by advertising they will receive “Up to 10x more conversations” and “Up to 10x
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`more matches,” respectively. In reality, these features provide hardly any increase in conversations
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`or matches, if any at all.
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`The effect of “up to” advertising utilized by Bumble has been well-understood by
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`marketers for several years. For example, a 2012 study sponsored by the Federal Trade Commission
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`(FTC) examined how consumers interpret claims with and without an “up to” qualifier.9 One group
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`of respondents was presented with the claim that Bristol Windows were “proven to save up to 47%
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`on your heating and cooling bills,” and another group was presented with the same claim but
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`without the “up to” qualifier—“proven to save 47% on your heating and cooling bills” (emphasis
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`added).
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`The study found that when respondents were later asked “What did the ad say or
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`suggest about Bristol Windows?,” between 36% and 46% of respondents in the “up to” group said
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`the ad stated or implied a savings of 47% without mentioning the “up to” qualifier. Additionally,
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`almost half of the respondents in the “up to” group said that half or more Bristol Windows users
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`could expect to save about 47%. Interestingly, similar results were obtained for the group that was
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`not exposed to “up to” qualifier. In other words, the data from the study “d[id] not support the
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`hypothesis that the inclusion of an ‘up to’ qualifier would weaken the ad effects.”
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`26.
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`The results from the study were used by the FTC in charging five window marketers
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`for making misleading “up to” claims in their advertising. As part of the settlement, the window
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`marketers agreed they would not make such claims unless “all or almost all consumers are likely to
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`9 Available at https://www.ftc.gov/sites/default/files/documents/reports/effects-bristol-windows-
`advertisement-savings-claim-consumer-take-away-beliefs/120629bristolwindowsreport.pdf, last
`visited January 21, 2022.
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`Case 4:22-cv-00422-KAW Document 1 Filed 01/22/22 Page 9 of 21
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`receive the maximum represented savings or reduction.”10
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`27. More recently, the National Advertising Division (NAD), a division of BBB
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`National Programs, which oversees the truthfulness of advertising across the U.S., issued a decision
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`in 2020 against an installer of residential rooftop solar energy systems. The installer claimed that
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`consumers could “Save up to 20% on your electric bill” by switching to solar.11 The NAD found
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`that while the claim “reasonably conveys the message that there may be variability in overall
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`savings,” it also conveyed that “all or almost all individual consumers will save at least 20% by
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`switching to solar.”
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`Similarly, Bumble’s advertising conveys that all or almost all users who purchase
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`packs of SuperSwipes or Spotlights will receive ten times the number of matches as a result of their
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`purchase. Discovery will show that this claim is false and that most users who purchase
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`SuperSwipes or Spotlights do not receive even a fraction of the benefit promised by Bumble.
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`Bumble’s Ongoing False Advertising
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`As of the date of filing this complaint, Bumble continues to advertise false claims
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`about the benefits of its SuperSwipes and Spotlights.
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`30.
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`Plaintiff desires to purchase additional premium features on the Bumble app and
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`would make such purchases if he could be sure about the true benefits those features provide, as
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`advertised by Bumble.
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`31. When purchasing features on the Bumble app, Plaintiff does not have access to
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`Bumble’s data showing the actual benefits of the features he wishes to purchase, and thus has no way
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`of determining in the future whether Bumble has improved the effectiveness of its features or whether
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`Bumble is merely continuing to make false claims about their benefits.
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`32. Without an injunction ordering Bumble to cease its false advertising, Plaintiff is
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`unable to rely on Bumble’s representations regarding the benefits of its features in deciding whether
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`10 See https://www.ftc.gov/news-events/press-releases/2012/02/window-marketers-settle-ftc-
`charges-they-made-deceptive-energy, last visited January 21, 2022.
`11 Source: https://bbbprograms.org/media-center/newsroom/nad-recommends-discontinuation-of-
`sunrun-s-national-save-up-to-20-on-your-electric-bill-over-the-term-of-the-contract-claim-finds-
`sunruns-general-savings-claims-about-its-solar-service-are-supported, last visited January 21, 2021.
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`Case 4:22-cv-00422-KAW Document 1 Filed 01/22/22 Page 10 of 21
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`or not to make a purchase on the Bumble app in the future. Without such an injunction, there is a
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`real and immediate threat Plaintiff will be wronged again in a similar way when making future
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`purchases on the Bumble app.
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`E.
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`Plaintiff Alkutkar’s Purchase
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`33.
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`On March 21, 2021, Alkutkar purchased a Pack of 15 SuperSwipes for $22.99.
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`Bumble advertised that the SuperSwipes would provide “Up to 10x more conversations.” Based on
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`Bumble’s advertising, Alkutkar believed he would receive ten times, or close to ten times, more
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`matches and conversations than he usually received without the use of SuperSwipes. In fact, there
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`was no discernable increase in the number of matches or conversations Alkutkar received as a result
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`of using SuperSwipes. Discovery will show that if there was any increase in the number of matches
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`and conversations, the increase was negligible and/or nowhere close to the 10x multiplier promised
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`by Bumble.
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`34.
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`On August 15, 2021 and September 9, 2021, Alkutkar purchased a Pack of 5
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`Spotlights and a Pack of 15 Spotlights for $12.99 and $29.99, respectively. Bumble advertised that
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`the Spotlights would provide “Up to 10x more matches.” Based on Bumble’s advertising, Alkutkar
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`believed that he would receive ten times, or close to ten times, more matches than he usually
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`receives without the use of Spotlights. In fact, there was no discernable increase in the number of
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`matches Alkutkar received as a result of using the Spotlights. Discovery will show that if Alkutkar
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`received any increase in the number of matches as a result of the Spotlights, the increase was
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`negligible and/or nowhere close to the 10x multiplier promised by Bumble.
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`CLASS ALLEGATIONS
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`Plaintiff brings this suit pursuant to Rule 23 of the Federal Rules of Civil Procedure,
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`on behalf of himself and all others similarly situated. The Class is defined as follows:
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`Class: All persons who, on or after January 22, 2017, purchased a Pack of
`SuperSwipes or a Pack of Spotlights from within the Bumble app that were advertised
`to provide “Up to 10x more conversations” or “Up to 10x more matches.”
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`36.
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`Excluded from the Class are Defendants, their parents, subsidiaries, affiliates,
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`officers, directors, legal representatives, predecessors, successors, assigns, and employees, and all
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`judges assigned to hear any aspect of this litigation, as well as their staff and immediate family
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`CLASS ACTION COMPLAINT
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`Case 4:22-cv-00422-KAW Document 1 Filed 01/22/22 Page 11 of 21
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`members.
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`37.
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`Numerosity: Although the exact number of members of the Class is uncertain and
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`can only be ascertained through appropriate discovery, the number is significant enough such that
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`joinder is impracticable. Plaintiff is informed and believes there are tens of thousands, if not
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`hundreds of thousands, of Class members who have been damaged by Bumble’s false advertising
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`alleged herein. The disposition of the claims of all Class members in a single action will provide
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`substantial benefits to all parties and to the Court. The members of the Class are readily identifiable
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`from information and records in Bumble’s possession, custody, or control.
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`38.
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`Commonality: This action involves common questions of law and fact, including,
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`but not limited to, the following:
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`a.
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`whether Bumble made false or misleading statements in its advertisements
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`pertaining to packs of SuperSwipes and packs of Spotlights;
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`b.
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`whether Bumble’s advertisements had a tendency to mislead a reasonable
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`consumer;
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`c.
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`whether Bumble’s advertising and marketing practices, as alleged herein,
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`violated established law;
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`d.
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`whether users who purchased packs of SuperSwipes received ten times, or
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`close to ten times, more matches or conversations as a result of using SuperSwipes;
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`e.
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`whether users who purchased packs of Spotlights received ten times, or close
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`to ten times, more matches as a result of their using Spotlights;
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`f.
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`whether users who purchased packs of SuperSwipes received any increase in
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`the number of matches or conversations;
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`g.
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`whether users who purchased packs of Spotlights received any increase in the
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`number matches;
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`h.
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`whether Bumble’s statements concerning the benefits of SuperSwipes and
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`Spotlights were material, such that a reasonable consumer would attach importance to and be
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`induced to act on the information in determining whether to make purchase a pack of SuperSwipes
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`or Spotlights;
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`CLASS ACTION COMPLAINT
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`Case 4:22-cv-00422-KAW Document 1 Filed 01/22/22 Page 12 of 21
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`i.
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`whether a reasonable consumer would interpret Bumble’s SuperSwipe
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`advertisement promising “Up to 10x more conversations” to mean that users would receive ten
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`times, or close to ten times, more matches or conversations;
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`j.
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`whether a reasonable consumer would interpret Bumble’s Spotlight
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`advertisement promising “Up to 10x more matches” to mean that users would receive ten times, or
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`close to ten times, more matches;
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`k.
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`whether Bumble misrepresented and/or failed to disclose material facts about
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`the benefits of SuperSwipes and Spotlights;
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`l.
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`whether Bumble knew, or by the exercise of reasonable care should have
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`known, that its claims about the benefits of SuperSwipes and Spotlights were untrue and
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`misleading;
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`m.
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`whether Bumble intended its claims about the benefits of SuperSwipes and
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`Spotlights to induce customers to purchase packs of SuperSwipes and Spotlights;
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`n.
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`whether Bumble’s advertisements pertaining to the benefits of SuperSwipes
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`and Spotlights—consisting of false claims about the increase in the number of matches and
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`conversations they provide—were false or misleading within the meaning California’s Unfair
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`Competition Law, False Advertising Law, and Consumer Legal Remedies Act.
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`whether Bumble’s misrepresentations about SuperSwipes and Spotlights
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`alleged herein constitute “fraud,” as that term is defined in California Civil Code section
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`3294(c)(3);
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`p.
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`whether Plaintiff and members of the Class are entitled to restitution,
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`damages, and/or punitive damages as a result of Bumble’s conduct alleged herein.
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`39.
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`Typicality: Plaintiff’s claims are typical of the Class claims in that Plaintiff, like all
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`members of the Class, was deceived and damaged by Bumble’s false advertisements. Furthermore,
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`the factual bases of Bumble’s false advertisements are common to all members of the Class and
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`represent a common thread resulting in injury to the Class.
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`40.
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`Adequacy: Plaintiff will fairly and adequately protect the interests of all members of
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`CLASS ACTION COMPLAINT
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`Case 4:22-cv-00422-KAW Document 1 Filed 01/22/22 Page 13 of 21
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`the Class, and Plaintiff’s interests are coincident with and not antagonistic to those of other
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`members of the Class. Plaintiff has retained competent counsel who are experienced in prosecuting
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`class actions and will retain additional counsel as necessary.
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`41.
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`Class certification is appropriate under Rule 23(b)(2) because Bumble has acted or
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`refused to act, with respect to some or all issues presented in this Complaint, on grounds generally
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`applicable to all members of the Class, thereby making appropriate final injunctive relief with
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`respect to the Class as a whole.
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`42.
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`Class certification is appropriate under Rule 23(b)(3) because common questions of
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`law and fact substantially predominate over any question that may affect only individual members
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`of the Class. Plaintiff and members of the Class have all suffered harm and damages as a result of
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`Bumble’s false advertising practices. A class action is superior to other available methods for the
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`fair and efficient adjudication of this controversy. Individual litigation of the claims of all members
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`of the Class is impracticable because the cost of litigation would be prohibitively expensive given
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`the relatively small size of the individual Class members’ claims. Moreover, individualized
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`litigation would impose an immense burden upon the courts and present the potential for varying,
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`inconsistent, or contradictory judgments. By contrast, maintenance of this action as a class action,
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`with respect to some or all of the issues presented in this Complaint, presents fewer management
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`difficulties, conserves the resources of the parties and of the court system, and is the only means to
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`protect the rights of all members of the Class. Absent a class action, Plaintiff and members of the
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`Class would be unable seek redress, and Bumble’s false advertising would continue unabated
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`without remedy or relief.
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`FIRST CAUSE OF ACTION
`Negligent Misrepresentation
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`43.
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`Plaintiff incorporates by reference each of the allegations contained in the preceding
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`paragraphs of this Complaint.
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`44.
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`45.
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`Plaintiff brings this cause of action on behalf of himself and the Class.
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`As alleged herein, Bumble made false representations and material omissions of fact
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`to Plaintiff and Class members concerning the benefits of SuperSwipes and Spotlights.
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`CLASS ACTION COMPLAINT
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`Case 4:22-cv-00422-KAW Document 1 Filed 01/22/22 Page 14 of 21
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`46.
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`As part of those false representations, Bumble falsely claimed that users who
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`purchased SuperSwipes would receive up to ten times more conversations and users who purchased
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`Spotlights would receive up to ten times more matches.
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`47.
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`Bumble failed to disclose material facts regarding the above. Specifically, Bumble
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`failed to disclose (i) what percentage of users, if any, actually receive ten times more conversations
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`or matches, and (ii) what the actual increase in conversations or matches users receive.
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`48.
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`Bumble’s false representations and omissions are the type of representations and
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`omissions that are regularly considered to be material—i.e., a reasonable person would attach
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`importance to them and would be induced to act on the information in making a purchasing
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`decision.
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`49.
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`Bumble’s false representations and omissions relating to the benefits of SuperSwipes
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`and Spotlights are objectively material to the reasonable consumer, and therefore reliance upon
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`such representations may be presumed as a matter of law.
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`50.
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`Bumble’s false representations and material omissions were made to Plaintiff and
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`Class members for the purpose of affecting their decisions to purchase packs of SuperSwipes or
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`packs of Spotlights.
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`51.
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`Bumble had no reasonable grounds for believing that its false representations about
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`the benefits of SuperSwipes and Spotlights were true.
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`52.
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`Bumble failed to exercise reasonable care and/or diligence in making its false
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`representations and material omissions to Plaintiff and Class members.
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`53.
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`Plaintiff and Class members reasonably and justifiably relied to their detriment on
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`Bumble’s false representations and material omissions.
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`54.
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`Bumble’s false representations and material omissions were a factor in causing
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`Plaintiff and Class members to purchase packs of SuperSwipes and Spotlights on the Bumble app.
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`55.
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`As a proximate result of Bumble’s false representations and material omissions,
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`Plaintiff and Class members were damaged in an amount to be determined at trial.
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`CLASS ACTION COMPLAINT
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`Case 4:22-cv-00422-KAW Document 1 Filed 01/22/22 Page 15 of 21
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`SECOND CAUSE OF ACTION
`Intentional Misrepresentation
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`56.
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`Plaintiff incorporates by reference each of the allegations contained in the preceding
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`paragraphs of this Complaint.
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`57.
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`58.
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`Plaintiff brings this cause of action on behalf of himself and the Class.
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`As alleged herein, Bumble intentionally made false representations and material
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`omissions of fact to Plaintiff and Class members concerning the benefits of SuperSwipes and
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`Spotlights.
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`59.
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`As part of those false representations, Bumble intentionally and falsely claimed that
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`users who purchased SuperSwipes would receive up to ten times more conversations and users who
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`purchased Spotlights would receive up to ten times more matches.
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`60.
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`Bumble intentionally failed to disclose material facts regarding the above.
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`Specifically, Bumble intentionally failed to disclose (i) what percentage of users, if any, actually
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`receive ten times more conversations or matches, and (ii) what the actual increase in conversations
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`or matches users receive.
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`61.
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`Bumble’s false representations and omissions are the type of representations and
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`omissions that are regularly considered to be material—i.e., a reasonable person would attach
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`importance to them and would be induced to act on the information in making a purchasing
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`decision.
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`62.
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`Bumble’s false representations and omissions relating to the benefits of SuperSwipes
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`and Spotlights are objectively material to the reasonable consumer, and therefore reliance upon
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`such representations may be presumed as a matter of law.
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`63.
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`Bumble intended Plaintiff and Class members to rely on its false representations and
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`material omissions in deciding to purchase packs of SuperSwipes and Spotlights.
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`64.
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`Bumble knew that its intentional misrepresentations and material omissions were
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`false and misleading at the time Bumble made them and/or acted recklessly in making such
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`misrepresentations and omissions.
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`65.
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`Plaintiff and Class members reasonably and justifiably relied to their detriment on
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`CLASS ACTION COMPLAINT
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`Case 4:22-cv-00422-KAW Document 1 Filed 01/22/22 Page 16 of 21
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`Bumble’s intentional misrepresentations and material omissions.
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`66.
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`Bumble’s intentional misrepresentations and material omissions were a substantial
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`factor in causing Plaintiff and Class members to purchase packs of SuperSwipes and Spotlights
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`from Bumble.
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`67.
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`As a proximate result of Bumble’s intentional misrepresentations and material
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`omissions, Plaintiff and Class members suffered an ascertainable loss and are entitled to
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`compensatory and punitive damages, in an amount to be determined at trial.
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`68.
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`In making intentional misrepresentations and material omissions to Plaintiff and
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`Class members, Bumble acted with malice, oppression, and fraud.
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`69.
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`Bumble’s conduct alleged herein constitutes “fraud,” as that term is defined in
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`California Civil Code section 3294(c)(3), because such conduct involved intentional
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`misrepresentations, deceit, and/or concealment of material facts known to Bumble, and was done
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`with the intent to cause Plaintiff and Class members to purchase packs of SuperSwipes and
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`Spotlights they would not have otherwise purchased.
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`THIRD CAUSE OF ACTION
`Violation of the Consumers Legal Remedies Act (CLRA), Cal. Civ. Code §§ 1750, et seq.
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`70.
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`Plaintiff incorporates by reference each of the allegations contained in the preceding
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`paragraphs of this Complaint.
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`71.
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`72.
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`1761(d).
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`Plaintiff brings this cause of action on behalf of himself and the Class.
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`Plaintiff is a “consumer” within the meaning of California Civil Code section
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`73.
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`Bumble violated, and continues to violate, California Civil Code