MILSTEIN ADELMAN, LLP GOLOMB & HONIK, P.C. pro hac vice … · 2016. 6. 9. · Cashforlaptops.com) CASE NO._____ CLASS ACTION CLASS ACTION COMPLAINT (1) VIOLATIONS OF CONSUMER LEGAL

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MILSTEIN ADELMAN, LLP Gillian L. Wade, State Bar No. 229124 [email protected] Sara D. Avila, State Bar No. 238430 [email protected] 2800 Donald Douglas Loop North Santa Monica, California 90405 Telephone: (310) 396-9600 Fax: (310) 396-9635 GOLOMB & HONIK, P.C. Ruben Honik (to apply pro hac vice) [email protected] PA State Bar No. 33109 Kenneth J. Grunfeld (to apply pro hac vice) [email protected] PA State Bar No. 84121 Tammi Markowitz (to apply pro hac vice) [email protected] PA State Bar No. 84822 1515 Market Street, Suite 1100 Philadelphia, Pennsylvania Telephone: (215) 985-9177 Fax: (215) 985-4169 Attorneys for Plaintiff, Helaina Washington and the Proposed Class

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

DIVISION HELAINA WASHINGTON, individually and on behalf of all others similarly,

Plaintiff,

-against- CASHFORIPHONES.COM (fka Cashforlaptops.com)

CASE NO._____________________ CLASS ACTION CLASS ACTION COMPLAINT (1) VIOLATIONS OF CONSUMER LEGAL REMEDIES ACT (Cal Civil Code §§1750, et seq) (2) VIOLATION OF CAL. BUS. AND

'15CV0627 JMAJAH

Case 3:16-cv-00300-LRH-WGC Document 1 Filed 03/19/15 Page 1 of 53

- 1 - CLASS ACTION COMPLAINT

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Defendant.

PROF. CODE §17200 et. seq. (unlawful, and unfair and fraudulent conduct prongs); (3) VIOLATION OF CAL. BUS. & PROF. §17500, et. seq. (false and misleading advertising); (4) VIOLATIONS OF CAL. CIVIL CODE §1573 (5) FRAUDULENT INDUCEMENT AND MISREPRESENTATION (6) BREACH OF CONTRACT (7) CONVERSION (8) BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING (9) FRAUD (10) FRAUDULENT MISREPRESENTATION (11) NEGLIGENT MISREPRESENTATION

Plaintiff Halaina Washington (“Plaintiff”), individually and on behalf of all

others similarly situated, files this Class Action Complaint against Defendant

Cashforiphones.com and alleges, and demands a trial by jury as follows:

I. FACTUAL ALLEGATIONS

1. This lawsuit arises from a fraudulent and deceptive scheme

perpetrated by the Defendant. Defendant is an internet-based company, which runs

a website called Cashforiphones.com.

2. Defendant Cashforiphones.com goes by several alternate names

including: Laptop & Desktop Repair,LLC; Cash4laptops.com; cashforlaptops.com;

cashforberrys.com; cashforsmartphones.com, cashforapples.com,



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cashforipads.com, laptopaid.com, laptopaid.us, laptopzyx.com, cellphonecity.com,

iphonepartspro.com, pei-jian.com, ecyclebest.com, The Gadget Buying Company

(hereinafter collectively referred to as “Defendant” “the Company” or

“Cashforiphones.com”).

3. The Company runs internet advertisements targeting owners of used

iPhones. These advertisements lead consumers to a website that promises “fast

cash,” if the consumer sells Cashforiphones.com their used iPhone. The website

goes on to “guarantee top dollar” for these old iPhones, claiming that it “gives

awesome offers for any iPhone in any condition.”

4. However, Cashforiphones.com is actually running a fraudulent bait

and switch scam on its customers. The first step in this scam is that

Cashforiphones.com asks the consumer to type into their website the make and

model of their iphone, and whether the phone is in working condition. With that

information, the website instantly generates an “initial quote.”

5. Next, Cashforiphones.com sends the consumer, through the mail, a

box and shipping label and tells the consumer to send the Company their used

iPhone.

6. Once the Company has the phone in its possession it makes the

consumer a revised offer which is a lowball offer that is generally ten times less

than the “initial quote. ”

7. In its “Terms and Conditions”, Cashforiphones.com states that the

customer has only 3 days to contact its “purchasing department” and reject the

lowball offer. If the offer is not rejected within that three day period, the offer is

deemed accepted and the Company will keep the iPhone. Specifically, the Terms

and Conditions state:



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Should we, upon inspection of your device, decide to quote you a lower price than originally initially quoted, we will email you notice of such amount and you will have three (3) days to either accept or reject that new lower price. The three days begins upon inspection of your device and our emailing you notice of intended payment either pursuant to the original initial quote or such value as we determine in our sole discretion. If you reject any subsequent quote prior to the elapsing of this three-day period, we will return your device to you within five days thereafter. If you fail to either accept or reject the new quote within the three days or IF WE ARE UNABLE TO CONTACT YOU AND YOU FAIL TO CONTACT OUR PURCHASING DEPARTMENT BY PHONE WITHIN THESE THREE DAYS, YOU WILL BE DEEMED TO HAVE ACCEPTED THE NEW QUOTE/PAYMENT AND WE WILL HAVE PURCHASED YOUR DEVICE FOR THAT PRICE and paid for pursuant to the terms of this agreement. It is your responsibility to be available to receive a call or an email for the purposes of our contacting you to notify you of such new quote. In all cases where you request the return of your device by speaking to Purchasing Department over the phone and within the three (3) days set forth above, such device will be returned free of charge.

See Term and Conditions attached hereto as Exhibit A (emphases in original).

8. These Terms and Conditions are not given to the consumer in a clear

and conspicuous manner, nor is it in visual proximity to the initial quote. Instead,

in order to review the Terms and Conditions the consumer must click on a tiny link

buried elsewhere within the website.

9. More egregiously however, Cashforiphones.com has a policy and

practice of making it impossible for consumers to reject its offers within the

allotted three day period of time. The Company achieves this in two ways: (1) by



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regularly having no one available in its “purchasing department” to answer calls

from customers who want to reject the Company’s offer and get their phones back;

and (2) by sending error messages to customers who email the company to reject

the offer and get their phones back.

10. After not answering their phones and sending error messages to

customers seeking to reject their offers, the Company then claims that the customer

missed the three day return window and refuses to return the customer’s phone.

11. In reality the three day return policy is a lie. Cashforiphones.com has

no intention of returning the iphones it receives. Instead it regularly, deliberately,

and systematically makes contacting the Purchasing Department impossible so that

customers simply cannot reject their offers and get their phones back.

12. The Company employs customer service representatives who are

trained to tell customers they can only reject offers through the Company’s

“Purchasing Department.” However, the purchasing department is never available

to speak with customers. When a customer service representative transfers

customers to the Purchasing Department, the automated telephone system hangs up

on the customer or tells the customers to call back at another time of day. When

the customer calls back either no one answers or the automated system once again

tells the customer to call back. The customer is never able to reach the “Purchasing

Department” until the three day return period has expired.

13. Additionally, Cashforiphones.com deliberately and systematically

employs a frustrating and unhelpful “customer service” system in order to wear

down complaining customers, with the intention that many customers would

eventually give up complaining or attempting to secure the return of their device.

14. The Company runs this scam not only with iPhones, but also other

smartphones, laptops computers, and tablets (hereinafter “the Devices”).

15. The Company’s website claims that “9 out of 10 Cash for iPhones



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Customers had a positive experience in recycling their device.” This claim is false.

The Nevada Better Business Bureau has given the Company an F rating based on

over 1580 complaints in the last 3 years and 1394 complaints in the last 12

months. See Better Business Bureau Report attached hereto as Exhibit B.

16. Moreover, the internet is fraught with complaints from a huge number

of dissatisfied customers who live all over the nation, and describe strikingly

similar deceptive, fraudulent and unfair business practices on the part of the

Defendant, for example:

a. I obtained an online estimate for 2 phones from Cash for

Laptops/iPhones totaling nearly $300. I was honest and said both devices had screen damage and were in less than perfect condition during the estimating process. I sent the 2 phones to Cash for Laptops/iPhones and more than a month later (I'm not even going to address the time this whole thing took), I got emails from them saying the final estimate was $17 per phone. Wow! A difference of $160 or so. Talk about a bait and switch. I was annoyed but had read the Terms and knew that I could request my devices back at their cost. Since that time, I've tried to email multiple times and each time get an autoresponse saying they'll contact me within 48 hours. Only once have they even emailed back and then it was to tell me to call customer service. I've called customer service at least 7 times at all different times of day and each time it says they're experiencing high call volume. A few times I've been able to get through to the first person who transfers me to the "purchasing department" I apparently have to talk to handle getting my devices back. Each time, I wait on hold for 10 minutes before a message comes on to tell me I've called at high call volume time and to call back again at another time. At this point, I'm suspicious this department even exists at all. Through it all, I am continuing to get status updates about my devices and checks, which indicate they're still planning to send me $34. Are you kidding me. I've replied to each of these emails telling them I want my devices back and received no response. Scam, scam, scam. Avoid them at all costs! See



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http://www.ripoffreport.com/r/CashforLaptopscom/internet/CashforLaptopscom-Cashforiphones.com com-Bait-and-Switch-Internet-1208873

b. I was quoted $110 and $70 for two iPhones but when I sent

them in I was emailed that they will only give me $6 and $12 (for a 5s!). As soon as I got this email I started calling their "customer service" line and it would go straight to a busy signal so I thought the number was wrong. I finally was able to get a recording to pick up and placed on holds for 20min or longer than "transferred" to purchasing where I was placed on hold for 10min or more than hung up on. I repeatedly called with the same results. Finally after two days of this and being on hold a total of 3 hours. I got a hold of someone in Purchasing who told me I couldn't have my phones back and when I got upset she put me on hold AGAIN so I could "cool off" she was so rude it brought me to tears. Their goal is to get you so mad you just give up. It worked I just had to deal with the fact I got ripped off. Protect yourself DO NOT SEND YOUR PHONES OR LAPTOPS!! See See http://www.reviewcentre.com/Mobile-Phone-Recycling/Cashforiphones.com -www-Cashforiphones.com -com-review_3096661

c. Online quote for $248, good condition iphone 5. My iPhone

was less then 1yr in perfect condition and they only giving me 40! They will not respond to emails and drop all my calls after being on hold for 10 minutes! It is impossible to get my phone back. This company needs to be shut down and investigated. See http://www.reviewcentre.com/Mobile-Phone-Recycling/Cashforiphones.com -www-Cashforiphones.com -com-review_3109969

d. Do not sell no iphone to them. They will quote you one price

then you give you totally different lower price. Then when you try to get your phone back they will not return your phone to them. Do not do business with them you can get more money selling it your self. I had iphone 4 in good condition they was only willing to give me $2. See http://www.reviewcentre.com/Mobile-Phone-



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Recycling/Cashforiphones.com -www-Cashforiphones.com -com-review_3118603

e. I too am one of those consumers who were offered $233 online

for my Iphone 5s, only 14 months old in flawless condition. I received an inspection email with an offer for $30. So far they have not replied in two days. Am I to have the same fate as the other reviewers. This is basically online theft, especially when they claim they cannot send back your device. Not sending the device back and me refusing the offer and not honoring their initial quote for a perfect condition device is not on. There must be something the State or Federal government can do to shut this company down. We are talking thousands of dollars here. See http://www.reviewcentre.com/Mobile-Phone-Recycling/Cashforiphones.com -www-Cashforiphones.com -com-review_3150141

f. If I could rate Cashforiphones.com a zero I would. I recently

traded in my iPhone 5 32GB black phone in decent condition and was quoted $267 for the phone prior to it being assessed. In all fairness this phone was fairly beat up. During the online prescreen I noted that the phone wasn’t in great shape and that the screen was cracked. This dropped the price from $320 to $267 but it still seemed reasonable. Once Cashforiphones.com received my phone the quote had now changed to $20!!!!! Pretty huge variance since I’ve resold a few phones before and have never received price quote vs. payment disparity like this before. Unsatisfied with my selling price I emailed their customer service, with my order history stating that I wanted my phone returned. When they finally responded I was told I had to call to have my phone returned. After leaving four voicemails and three emails my complaints were disregarded and a PayPal payment of $20 was sent to the email I had been corresponding with. The problem with this is I do not have PayPal and it clearly states on their website that you have the option of being paid via check or PayPal but I was never given this option. It’s now been over a month and I have repeatedly called and emailed stating that I have yet to receive any payment from them and that their PayPal payment could not be



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received with zero response. Absolute garbage service that I will not use again. Users beware. See http://www.reviewcentre.com/Mobile-Phone-Recycling/Cashforiphones.com -www-Cashforiphones.com -com-review_3096423

g. My iphone was appraised at $180 and they only offered $30. So

I called and had to wait for 15 min for someone to answer. Then when I complained about the $30 offer, they said I have to talk to purchasing, which was closed at that time. So I had to call again then no answer. After several unsuccessful attempts to reach them, I finally got someone. Then I had to wait for purchasing again for 10 min. The purchasing person said my account has been closed because the check was mailed, which I never got. DON'T RECYCLE YOUR PHONE HERE!!!! See http://www.reviewcentre.com/Mobile-Phone-Recycling/Cashforiphones.com -www-Cashforiphones.com -com-review_3115427

h. These guys have a business strategy that goes like this: (1)

advertise an amount for your used iPhone on their website that is significantly higher than their on-line competitors. Note that they do not guarantee a specific amount - only an "up to" amount. (2) after mailing in your device, you get an email in about 2 to 3 weeks offering a "low ball" amount - in my case $41 for a one-year old, good condition iPhone 5s, 64gb, ATT, (3) when you call them to complain, you have to wait for 10 minutes or so to talk to a person and then you are referred to "purchasing" - in my case, it took 3 days of persistent calling to get them, (4) you then get the explanation that your iPhone was scratched, etc (which was not the case - bumper protected), (5) when you ask for your iPhone to be returned, they say it is too late, the "payment has been processed" (even though I called the day after receiving the email), HOWEVER they will offer you $70. So now you are in a negotiation! I talked her up to $150, which is still $65 less than what Buybackboss.com guarantees for that model iPhone in "good" condition. In summary, this outfit's strategy is based on wearing you down hoping you will give up somewhere along the process. A crummy way to do business! I wish I had used one of the other buyers. See



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http://www.reviewcentre.com/Mobile-Phone-Recycling/Cashforiphones.com -www-Cashforiphones.com -com-review_3184941

I. This is a. huge scam! I sent two I-phones in excellent shape

they quoted 263 and 235. They wanted to pay 21.00 and 37.00. I responded via e-mail that was not acceptable and to return both phones. Next mail I got was they were issuing a check. I finally found the phone and called. They said it was too late because you have to call within 3 days. Check out Bbb.org for this company! Wish I had!. I called and told them to return phones. They said they could return one but not the other. I rejected it, asked for supervisor, they hung up. After about an hour I managed to get them again and told them to send one back. They tried to get me to accept crap price for other but they were two different orders. So they will send mine back (better be same phone and not damaged!). The other I have reported them to B&B. I want what they agreed to give me! See http://www.ripoffreport.com/reports/search/Cashforiphones.com

j. I sent CashforLaptops an iPhone 4s 16GB mobile phone after

receiving an online estimate of a $90 buyback value for it. Upon receipt, they sent me an email that they would only be paid $11 for it (it had no scratches, no signs of wear - in great condition but lower battery life). I emailed and sent them a message on their contact form within 24 hours asking that my phone be returned to me. 3 days later I had not heard back from them and received an email saying they'd be depositing $11 in my PayPal account. I called to tell them to return my phone and was referred to the "Purchasing" department. However, the Purchasing department never answers. I phoned them over 10 times on Feb. 4, 2014 including in an attempt to reach someone to complain to and find out who the supervisor was and never had anyone attempt to address. See https://www.scamguard.com/laptop-and-desktop-repair-llc/

17. The Defendant’s conduct, described above, violates California’s

Unfair Competition Act (“UCL”) [Cal. Business & Professions Code §17200 et.



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seq.], Cal. Business & Professions Code §17500, the Consumer Legal Remedies

Act; Cal. Civil Code §1750; Cal Civil Code §1573 and constitutes common law

fraud, breach of contract, breach of the covenant of good faith and fair dealing,

unjust enrichment, fraudulent inducement and conversion.

THE PARTIES

18. Plaintiff Helaina Washington is, and at all times relevant hereto was,

an individual residing in the State of California. Ms. Washington was a customer

of Cashforiphones.com.

19. Defendant Cashforiphones.com is a Nevada company with its

principal place of business located at 994 Glendale Ave., Ste. 1, Sparks, NV

89431-5730. CashfforiPhones.com is an internet-based company that engages in

continuous and substantial business throughout the United States, including within

the county in which this Court is situated.

JURISDICTION AND VENUE

20. This Court has jurisdiction over this matter pursuant to the Class

Action Fairness Act, 28 U.S.C. § 1332(d), in that: (a) This is a class action involving 100 or more class members;

(b) Plaintiff is diverse in citizenship from Defendant, which is incorporated and headquartered in Nevada; and

(c) and the matter in controversy exceeds $5,000,000, exclusive of interests and costs.

21. This case is properly maintainable as a class action pursuant to and in

accordance with Rule 23(a) of the Federal Rules of Civil Procedure in that:

22. The members of the Class (as defined below) are so numerous that

joinder of all members is impractical;

23. There are substantial questions of law and fact common to the Class

including those set forth in greater particularity herein;



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24. This case is properly maintainable as a class action pursuant to Rule

23(b) of the Federal Rules of Civil Procedure, in that: a. questions of law and fact enumerated below, which are all

common to the Class, predominate over any questions of law or fact affecting only individual members of the class;

b. a class action is superior to any other type of action for the fair

and efficient adjudication of the controversy;

c. the relief sought in this class action will effectively and efficiently provide relief to all members of the class; and

d. there are no unusual difficulties foreseen in the management of

this class action.

25. The Court has personal jurisdiction over the Defendant, which has at

least minimum contacts with this State because it conducts substantial business

here and has purposefully availed itself of the resources and privileges of this State

through its promotion, sales, and marketing efforts.

26. This Court has supplemental jurisdiction over the state law claims

pursuant to 28 U.S.C. § 1367.

27. This Court is a proper venue in which to bring this action, pursuant to

28 U.S.C. § 1391, inasmuch as a substantial part of the events or omissions giving

rise to the claims occurred within the district in which this Court sits.

FACTUAL ALLEGATIONS AS TO PLAINTIFF HELAINA

WASHINGTON

28. In January 2015 Plaintiff Helaina Washington saw a

Cashforiphones.com online advertisement. The advertisement promised fast cash

and guaranteed top dollar for the sale of used iPhones.

29. Ms. Washington had recently purchased a new iPhone and therefore

decided to sell her used iPhone to Cashforiphones.com.

30. Ms. Washington entered the make, model and condition of the iPhone

into Cashforiphones.com’s online form and instantly received a quote of $88.00.



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31. Shortly after receiving the quote Ms. Washington boxed up her iPhone

5C with 16GB and sent it to Cashforiphones.com.

32. On February 2, 2015 after receiving Ms. Washington’s iPhone,

Cashforiphones.com gave Ms. Washington a revised offer of $9. See

Cashforiphones.com Email Offer attached hereto as Exhibit C.

33. Ms. Washington immediately attempted to reject this offer on

February 2, 2015 by both emailing and calling Cashforiphones.com’s purchasing

department. See 2/2/2015 Email from Helaina Washington to Cashforiphones.com

attached hereto as Exhibit D.

34. Ms. Washington’s email was ignored. When she called

Cashforiphones.com to reject the offer she was put on hold for over ten minutes

and after the ten minutes expired a recording told Ms. Washington to call back

after 1:00 p.m. and hung up on her. Ms. Washington called back after 1:00 p.m as

instructed, however no one answered the phone at this time. For the next several

days Ms. Washington made several other attempts to contact Cashforiphones.com ,

but was never able to get through to anyone. See Email from Helaina Washington

to Cashforiphones.com attached hereto as Exhibit E.

35. After several days and many attempts, Ms. Washington eventually got

through to someone at Cashforiphones.com who informed her that the three day

period to reject their offer had expired and she could no longer reject the offer or

get her phone back.

36. On February 6, 2015 $9.00 was deposited in Ms. Washington’s PayPal

account. See PayPal receipt attached hereto as Exhibit F. Ms. Washington’s

attempt to reject this payment continued to be ignored. See Exhibit E.

37. Plaintiff would not have sent her iPhone to Defendant if she had

known about the massive fraud perpetrated by Defendant.

//



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CLASS ACTION ALLEGATIONS

38. Plaintiff brings this class action pursuant to Rule 23 in her

representative capacity on behalf of herself and the Class of all persons similarly

situated, during the Class Period, defined as follows:

All individuals who, since March 19, 2011, sent a Device to the Company and received a new quote that was lower than the initial quote. Excluded from the Class are individuals who whose Device was not received by Defendant within 10 days of the initial quote.

In the alternative, Plaintiff brings this suit on behalf of a

California Class, as follows:

All California residents who, since March 19, 2011, sent a Device to the Company and received a new quote that was lower than the initial quote. Excluded from the Class are individuals who whose Device was not received by Defendant within 10 days of the initial quote.

Collectively, the “Class.” Excluded from the Class are governmental

entities, Defendant, any entity in which Defendant has a controlling interest and

Defendant’s officers, directors, affiliates, legal representatives, employees, co-

conspirators, successors, subsidiaries, and assigns. Also excluded from the Class is

any judge, justice, or judicial officer presiding over this matter and members of

their immediate families and judicial staff. Plaintiff reserves the right to amend the

proposed Class definitions.

39. This action is maintainable as a class action under Rules 23(a)(2),

23(b)(2) and 23(b)(3) of the Federal Rules of Civil Procedure.

40. Numerosity. Although the exact number of Class Members is

presently unknown, Plaintiff is informed and believes and thereon alleges that the

Class will number at least several hundred consumers. Unquestionably, the

members of the Class are so numerous that joinder of all members is impracticable,



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and the disposition of their claims in a Class Action will benefit the parties and the

Court.

41. Commonality. A substantial pool of questions of law and fact exists

that is common to the Class. The questions of law and fact common to the Class

have the capacity to generate common answers that will drive resolution of this

action. Such common questions include, but are not limited to:

a. Did Cashforiphones.com defraud customers by

deliberately making it impossible for customers to

reject the Company’s offer and have their device

returned within the three day return period?

b. Did Cashforiphones.com make false and

misleading statements to its customers regarding

its return policy?

c. Did Cashforiphones.com make false and

misleading statements to its customers regarding

the worth of their iphones?

d. Did Cashforiphones.com convert the property of

its customers?

e. Did Cashforiphones.com employ procedures

which deprived customers of taking advantage of

the three day return policy?



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f. Did Cashforiphones.com systematically and

deliberately preclude its customers from securing a

return of the Devices mailed to the Company?

g. Did Cashforiphones.com misrepresent and/or

omit material information relating to it return

procedures?

h. Did CashforiPhones.com deliberately employ a frustrating

and unhelpful “customer service” system in order wear down

complaining customers, with the intention that many customers

would eventually give up complaining or attempting to secure

the return of their Device?

i. Did Cashforiphones.com make false claims and

misrepresentations regarding customer satisfaction?

j. Did Cashforiphones.com violate consumer fraud protection

laws?

k. Did Cashforiphones.com engage in fraudulent inducement,

conversion, breach of contract, breach of good faith and fair

dealing, unjust enrichment, and other misconduct, all of which

damaged the class and benefited the Company?

42. Typicality. Plaintiff’s claims and Defendant’s defenses thereto are

typical of the claims of the Class, as Defendant’s misrepresentations are consistent,



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uniform and material. Plaintiff is an ordinary cashforiphones customer who, along

with all Class Members, has been injured by the same wrongful and unlawful acts

and practices of Defendant’s as alleged herein.

43. Adequacy. Plaintiff will fairly and adequately protect the interests of

the Class. Plaintiff has no interests that are antagonistic to or in conflict with the

interests of the Class as a whole, and Plaintiff has engaged competent counsel

experienced in the prosecution of complex and class litigation.

44. A class action is superior to the alternatives, if any, for the fair and

efficient adjudication of the controversy alleged herein, because such treatment

will permit a large number of similarly situated persons to prosecute their common

claims in a single forum simultaneously, efficiently, and without duplication of

evidence, effort, and expense that numerous individual actions would engender.

This action will result in the orderly and expeditious administration of Class

claims. Uniformity of decisions will be assured, thereby avoiding the risk of

inconsistent and varying determinations.

45. Plaintiff knows of no difficulty that will be encountered in the

management of this litigation which would preclude its maintenance as a class

action.

46. Maintainability. This action is properly maintainable as a class

action for the prior independent reasons and under the following portions of Rule

23:

a. The individual amounts of restitution involved, while not

insubstantial, are generally so small that individual actions or other

individual remedies are impracticable and litigating individual actions

would be too costly;



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b. Individual actions would create a risk of inconsistent results and

would be unnecessary and duplicative of this litigation;

c. Defendant has acted or refused to act on grounds generally

applicable to the Class, thereby making appropriate final injunctive,

declaratory, or other appropriate equitable relief with respect to the

Class as a whole; and

d. Individual actions would unnecessarily burden the courts and waste

judicial resources.

47. Questions of law and fact common to members of the Class and

predominate over any questions affecting only individual members.

48. Notice to the members of the Class may be accomplished

inexpensively, efficiently, and in a manner best designed to protect the rights of all

Class Members. Class Notice can be directly sent to individual members of the

Class because Defendant’s own records and documents identify all members of the

Class and contain their contact information.

49. Certification of a nationwide class under the laws of California is

appropriate because: (a) Defendant conducts a substantial amount of business in

California; and (b) Many Class Members, including Plaintiff Helaina Washington,

reside in California.

FIRST CLAIM FOR RELIEF (Violation of Consumers Legal Remedies Act, Cal. Civil Code §§ 1750, et seq.)

50. Plaintiff repeats and realleges the allegations contained in paragraphs

1 through 49 of this Complaint as if fully set forth herein.



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51. Plaintiff brings this claim individually and on behalf of the Class

against Cashforiphones.com.

52. At all times relevant hereto, Plaintiff and each Class member were a

“consumer,” as defined in Civ. Code §1761(d).

53. At all times relevant hereto, the mail-in policy through which

Cashforiphones.com received Devices in exchange for cash, constituted a

“service,” as defined in Civ. Code §1761(b).

54. At all times relevant hereto, Defendant Cashforiphones.com

constituted a “person,” as defined in Civ. Code§1761(c).

55. At all times relevant hereto, Plaintiff and each Class Member’s

sending of their Device to the Defendant constituted a “transaction,” as defined in

Civ. Code §1761(e).

56. Cal. Civ. Code §1770(a) provides in relevant part that “[t]he following

unfair methods of competition and unfair or deceptive acts or practices undertaken

by any person in a transaction intended to result or what results in the sale of lease

of goods or services to any consumer are unlawful: …

(5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities which they do not have . . . .

(7) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another.

(9) Advertising goods or services with the intent not to sell them as advertised …

(14) Representing that a transaction confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law.



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(16) Representing that the subject of a transaction has been supplied in accordance with a previous representation when it has not.”

57. Cashforiphones.com has violated and continues to violate Civ. Code

§1770(a)(5) by representing that it adheres to a 3-day rejection/return policy when,

in fact, no such policy exists and the Company systematically precludes such a

policy from taking effect.

58. Cashforiphones.com has violated and continues to violate Civ. Code

§1770(a)(7) by representing that: (a) it “guarantees top dollar” for old iPhones; (b)

it “gives awesome offers for any iPhone in any condition”; and (c) “9 out of 10

Cash for iPhones Customers had a positive experience in recycling their device.”

59. Cashforiphones.com has violated and continues to violate Civ. Code §

1770(a)(9) by advertising that: (a) it “guarantees top dollar” for old iPhones; (b) it

“gives awesome offers for any iPhone in any condition”; and (c) it upholds a 3-day

rejection/return policy. In fact, Cashforiphones.com has no intent to provide top

dollar for used iphones or to honor its promise to return Devices within three days

with proper notice. Rather the Company provides low-ball offers that are less than

ten percent of its initial offer and then systematically makes it impossible for

customers to utilize the return policy.


1770(a)(14) by representing that it upholds a 3-day rejection/return policy. In fact,

Cashforiphones.com has no intent to keeps its promise to return Devices within

three days with proper notice. Rather, the Company provides low-ball offers that

are less than ten percent of its initial offer and then systematically makes it

impossible for customers to utilize the return policy. The Company’s conduct

constitutes bait-and-switch advertising, which is prohibited under this subsection of

the CLRA.



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1770(a)(16) by representing that it adheres to a 3-day rejection/return policy, as

represented previously, when in fact no such policy exists.

62. Pursuant to Cal. Civ. Code § 1780(a), Plaintiff seeks an order

enjoining Cashforiphones.com from engaging in the methods, acts, and practices

alleged herein.

63. Pursuant to Civ. Code § 1782, Plaintiff is simultaneously notifying

Defendant in writing of the particular violations of Section 1770 of the CLRA (the

“Notice”) and demanding, among other things, that Defendant cease making the

misrepresentations alleged herein and provide restitution to members of the Class.

Plaintiff will send Notice by means of certified U.S. Mail, return-receipt requested,

to Defendant at its principal place of business. If Defendant fails to respond to

Plaintiff’s demand within thirty (30) days of receipt of the Notice, Plaintiff will

amend this Complaint to request actual and punitive damages, pursuant to section

1782(a) and (d).

64. Also pursuant to Cal. Civ. Code § 1782, if Cashforiphones.com does

not "correct or otherwise rectify" its illegal acts within 30 days, Plaintiff intends to

amend this Complaint to add claims for:

a. actual damages;

b. restitution of money to Plaintiff and Class Members;

c. punitive damages;

d. attorneys’ fees and costs; and

e. other relief that this Court deems proper.

//

//

//

//



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SECOND CLAIM FOR RELIEF (Violation of California’s False Advertising Law, Cal. Bus. & Prof.

§17500, et. seq.)




against Defendants.

67. The False Advertising Law, Cal. Bus. & Prof. Code §§17500 et seq.,

prohibits “bait” advertising by making it unlawful to advertise a product or service

“as part of a plan or scheme with the intent not to sell the property or services,

professional or otherwise, at the price stated therein or as so advertised.”

68. The False Advertising Law also prohibits the dissemination of false or

misleading statements before the public.

69. During the Class Period, Cashforiphones.com marketed, advertised,

and provided to the public services for iPhones and other Devices in exchange for

cash.

70. Cashforiphones.com has engaged in the advertising and marketing

alleged herein with the intent to directly or indirectly induce the participation of

customers in its iPhone for cash exchange services.

71. Cashforiphones.com’s advertisements and marketing representations

regarding its services and return policy are false, misleading, and deceptive as set

forth more fully above.

72. At the time it made and disseminated the statements alleged herein,

Defendant knew or should have known that the statements were untrue, deceptive,

or misleading, and therefore it acted in violation of the False Advertising Law.

73. Cashforiphones.com actively concealed its knowledge that it

deliberately and systematically prevented customers from availing themselves of

the 3-day rejection/return period.



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74. Cashforiphones.com’s acts of untrue and misleading advertising

present a continuing threat to customers because such advertisements induced

consumers to participate in its services, which are then operated under false

pretenses.

75. As a result of the violations of California law described above,

Cashforiphones.com has been and will continue to be unjustly enriched at the

expense of Plaintiff and the members of the Class. Specifically,

Cashforiphones.com has been unjustly enriched by receipt of thousands of dollars

in Devices received from customers who mailed in their Devices from the State of

California and the United States pursuant to material misrepresentations regarding

the services provided by Cashforiphones.com.


Plaintiff and the members of the Class have suffered injury in fact and have lost

money.

77. Plaintiff seeks restitution, injunctive relief, and all other relief

allowable under Bus. & Prof. Code §17535.

THIRD CAUSE OF ACTION (Violation of the “unlawful” prong of California’s Unfair Competition

Law, Cal. Bus. & Prof. Code §§ 17200 et seq.)




against Defendant.

80. Cal. Bus. & Prof. Code §§ 17200 et seq. prohibits all unlawful, unfair,

or fraudulent business practices and acts. Said statute is liberally construed to

protect the public.



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81. In doing the acts alleged herein, Cashforiphones.com engaged and

continues to engage in an unlawful, unfair, and deceptive business practice in

violation of Cal. Bus. & Prof. Code §§ 17200 et seq. Cashforiphones.com’s

wrongful conduct alleged herein is part of a pattern or generalized course of

conduct that occurred and continues to occur in the ordinary course of

Cashforiphones.com’s business. Thus, Cashforiphones.com’s conduct impacts the

public interest.

82. As chronicled above, Cashforiphones.com’s acts and practices are

unlawful because they violate Civ. Code §§ 1572, 1573, 1709, 1710, 1770(a)(5),

1770(a)(7), 1770(a)(9), 1770(a)(14) and 1770(a)(16); and Cal. Bus. & Prof. Code

§§ 17500 et seq. Defendant’s acts and practices also violate other statutes,

common law duties, and regulations, including Federal Trade Commission (FTC)

regulations codified at 16 C.F.R. 238, et seq.



money.

84. Pursuant to Cal. Bus. & Prof. Code § 17203, Plaintiff, on behalf of

herself and all members of the Class, seek an order of this Court permanently

enjoining Defendants from continuing to engage in its unfair and unlawful conduct

as alleged herein. Plaintiff also seeks an order requiring Defendant to disseminate

corrective advertising.

85. Plaintiff also seeks an order awarding full restitution of all monies

wrongfully obtained. Considerations of justice and good conscience preclude

allowing Cashforiphones.com to retain any profits it received as a result of its

failure to return the devices of the Class members. The Class Members were

defrauded and, in turn, lost their devices, the value for which far exceeds the value

as appraised by Cashforiphones.com.



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FOURTH CLAIM FOR RELIEF (Violation of the “unfair” and “fraudulent” prongs of California’s

Unfair Competition Law, Cal. Bus. & Prof. §17200, et. seq.)





88. Cal. Bus. & Prof. Code §§ 17200 et seq. prohibits all unlawful, unfair,

or fraudulent business practices and acts. Said statute is liberally construed to

protect the public.

89. In doing the acts alleged herein, Cashforiphones.com engaged and

continues to engage in unfair and deceptive business practice in violation of Cal.

Bus. & Prof. Code §§ 17200 et seq. Cashforiphones.com’s wrongful conduct

alleged herein is part of a pattern or generalized course of conduct that occurred

and continues to occur in the ordinary course of Cashforiphones.com’s business.

Thus, Cashforiphones.com’s conduct impacts the public interest.

90. As chronicled above, Defendant makes false and misleading

statements regarding its services and return policy.

91. Defendant is aware that the claims it makes about its services and

return policy are false and misleading.

92. The misrepresentations by Defendant are material facts and constitute

an unfair and fraudulent business practice within the meaning of section 17200 of

California’s Business & Professions Code.

93. Defendant’s business practices, as chronicled above and alleged

herein, are unfair because: (1) the injury to consumers, including Plaintiff and the

Class, are substantial; (2) the injury is not outweighed by any countervailing

benefits to consumers or competition; and (3) consumers could not reasonably have

avoided the information because Defendant intentionally mislead the consuming



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public by means of the claims made with respect to Defendant’s services and return

policy.

94. Defendant’s business practices are fraudulent because they are likely

to deceive consumers into believing that Cashforiphones.com will return Devices

and permit consumers to reject the Company’s new lower price.

95. In addition, Defendant’s use of various forms of advertising media,

including the Internet, to advertise, call attention to or give publicity to the sale of

goods or services which are not as represented constitutes unfair competition,

unfair, deceptive, untrue or misleading advertising and unlawful business practices

within the meaning of Business & Professions Code section 17200, et seq. These

representations are made throughout California and the United States.

96. Defendant’s wrongful business practices constituted, and still

constitute, a continuing course of conduct of unfair competition since Defendant is

marketing and selling its products and services in a manner likely to deceive the

public.

97. There were reasonably available alternatives to Defendant’s legitimate

business interests, other than the conduct described above.

98. Plaintiff and members of the putative Class were misled into sending

their Devices to Defendant by Defendant’s deceptive and fraudulent conduct as

chronicled above.

99. Plaintiff and members of the putative Class were misled and, because

Defendant’s misrepresentations and omissions were uniform and material,

presumably believed that they could reject Defendant’s new lower offer and have

their Devices returned.



money.



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101. Pursuant to Cal. Bus. & Prof. Code § 17203, Plaintiff, on behalf of

themselves and all members of the Class, seek an order of this Court permanently

enjoining Defendants from continuing to engage in its unfair and unlawful conduct

as alleged herein. Plaintiff also seeks an order requiring Defendant to disseminate

corrective advertising.

102. Plaintiff also seeks an order awarding full restitution of all monies

wrongfully obtained. Considerations of justice and good conscience preclude

allowing Cashforiphones.com to retain any profits it received as a result of its

failure to return the devices of the Class members. The Class Members were

defrauded and, in turn, lost their devices, the value for which far exceeds the value

as appraised by Cashforiphones.com.

FIFTH CLAIM FOR RELIEF (Violations of Cal. Civil Code §1573)





105. Cal. Civ. Code § 1573(1) provides in relevant part that [c]onstructive

fraud consists . . [i]n any breach of duty which, without an actually fraudulent

intent, gains an advantage by misleading another to his prejudice . . ."

106. Defendant has violated and continues to violate Civ. Code § 1573(1)

by misleading Plaintiff and the members of the Class into believing they had three

days to reject Defendant’s offer and receive their Devices back. These actions

constituted constructive fraud because they gave Cashforiphones.com an unfair

advantage, achieved by unfair means, over Plaintiff and the members of the Class.



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107. As a direct and proximate result of Cashforiphones.com’s constructive

fraud, Plaintiff and the members of the Class have and will continue to suffer

damages.

108. Plaintiff seeks restitution against Cashforiphones.com including but

not limited to disgorgement of all proceeds Cashforiphones.com obtained from the

transactions entered into with Plaintiff and the members of the Class as well as pre-

judgment interests and costs.

SIXTH CLAIM FOR RELIEF (Fraudulent Inducement and Misrepresentation)

109. Plaintiff repeats and realleges each allegation of paragraphs 1 through

108 as if fully set forth herein.



111. As alleged above, Cashforiphones.com knowingly made material

misrepresentations on their website, including but not limited to the following (a)

that it “guarantees top dollar” for old iPhones; (b) that “9 out of 10 Cash for

iPhones Customers had a positive experience in recycling their device;” (c)

customers will have three days to reject an offer from Cashforiphones.com (d) that

a customer’s device will be returned to them if they choose to reject the Company’s

offer.

112. Plaintiff and Class Members relied upon Cashforiphones.com’s

material misrepresentations to their detriment, and entered into business with

Cashforiphones.com.

113. As a result of Cashforiphones.com’s fraudulent conduct, Plaintiff and

class members suffered monetary damages and other losses.



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SEVENTH CLAIM FOR RELIEF (Breach of Contract)





116. By making it impossible for consumers to reject its offers as specified

in its terms and conditions, and precluding its customers from securing a return of

their devices, Cashforiphones.com breached the Company’s contract with Plaintiff.

117. As a result of Cashforiphones.com’s breach of contract, Plaintiff has

been injured in the amount of their devices value.

EIGHTH CLAIM FOR RELIEF (Conversion)





120. Cashforiphones.com has unlawfully exercised dominion over the

property of another through its outright taking of Plaintiff and Class Members’

Devices, which Plaintiff and Class Members entrusted to its care.

121. At the time Cashforiphones.com unlawfully exercised dominion over

the property of Plaintiff and Class Members, Plaintiff and Class Members owned

good or had the right to possess them.

122. Cashforiphones.com committed its conversion through wrongful act

or disposition of property rights.

123. Plaintiff and Class Members were damaged by Cashforiphones.com’s

conversion.



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NINTH CLAIM FOR RELIEF (Breach of Duty of Good Faith and Fair Dealing)





126. Cashforiphones.com violated its duties to Plaintiff and Class Members

of good faith and fair dealing by inserting a three day rejection/return policy in its

terms and conditions, which it made impossible for customers to comply with and

which it had no intention of honoring.

127. Cashforiphones.com also violated its duties to Plaintiff and Class

Members of good faith and fair dealing through its misrepresentations, material

omissions, and failures to perform detailed above.

128. Plaintiff and Class Members have suffered damages as a result of said

breaches in the form of loss of the value of their Devices.

129. In breaching its duty of good faith with Plaintiff and Class Members,

Cashforiphones.com acted, maliciously, oppressively, and with intent to defraud

Plaintiff and Class Members.

TENTH CLAIM FOR RELIEF (Fraud)





132. Cashoforiphones.com made misrepresentations of material fact to the

Plaintiff with the intent to deceive the Plaintiff including:

a. promising Plaintiff (and members of the public, including Class



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Members) “fast cash” and “guaranteeing top dollar” if the consumer sells

Cashforiphones.com their used Device, when in actuality it was running a

fraudulent bait and switch scam on its customers, in which it made a high

initial quote and then once it had the Plaintiffs’ Device in its possession

making a revised offer which was generally ten times less than the “initial

quote.”

b. telling Plaintiff that the Company would return their Device

within 3 days, if Plaintiff contacted the Company’s “purchasing

department,” but making it impossible for consumers to reach the purchasing

department to reject its offers within the allotted three day period of time;

c. telling Plaintiff that “9 out of 10 Cash for iPhones Customers

had a positive experience in recycling their device.”

133. Cashforiphones.com intended to deceive Plaintiff and Plaintiff

believed and justifiably relied on Cashforiphones.com’s statements and were

induced to participate in Cashforiphones.com services, in reliance on the

statements set forth above.

134. As a result of this reliance, Plaintiff has suffered monetary loss,

including loss of the value of their Device, for which they must be compensated.

ELEVENTH CLAIM FOR RELIEF (Fraudulent Misrepresentation)







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137. Cashforiphones.com defrauded consumers by using deceptive conduct

to persuade consumers to participate in Cashforiphones.com ’ services, including

its 3-day return policy.

138. Cashforiphones.com used false advertising to misrepresent their terms

of agreement, claiming that the Company will allow customers to receive return of

their Device within a 3-day return period.

139. Cashforiphones.com mislead Plaintiffs: Cashforiphones.com

deliberately and systematically precluded Plaintiff from requesting a return of their

Device before the return period elapsed.

140. Cashforiphones.com’s 3-day return policy constitutes a deceptive and

fraudulent action.

141. Cashforiphones.com’s unlawful, fraudulent, and unfair conduct

injured Plaintiff and Class Members.

TWELFTH CLAIM FOR RELIEF (Negligent Misrepresentation)





144. As described more fully above, Cashforiphones.com made common

written misrepresentations of material fact and failed to disclose material

information to Plaintiff and Class Members concerning the Company’s return

policy.

145. Cashforiphones.com falsely represented to Plaintiff and Class

Members that Plaintiff would be able to request a return of their items within 3

days of receiving the Company’s revised offer.



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146. Cashforihpones.com made such representations in a careless and

reckless manner.

147. Cashforiphones.com knew and should have known that Plaintiff and

Class Members would rely on such false and misleading representations of the

Company’s return policy.

148. Plaintiff and Class Members did, in fact, rely on

Cashforiphones.com’s false and misleading representations of the Company’s

return policy to their detriment.

149. Cashforiphones.com owed Plaintiff and Class Members a duty of care.

150. Cashforiphones.com breached the duty of care, which was owed

Plaintiff and Class Members.

151. Plaintiff and the Class members suffered monetary damages and other

losses as a result of Cashforiphones.com’s fraudulent conduct.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays that this Court enter judgment against

Cashforiphones. as follows:

a. An Order certifying the Class, and appointing Plaintiff and her

undersigned counsel of record to represent the class;

b. A permanent injunction enjoining Cashforiphones.com, any partners,

joint ventures, subsidiaries, agents, servants, and employees, and all persons acting

under, in concert with Cashforiphones.com directly or indirectly, or in any manner

in any way engaging in the practices set forth herein;

c. A permanent injunction enjoining Cashforiphones.com, any partners,

joint ventures, subsidiaries, agents, servants, employees, and all persons acting

under, in concert with Cashforiphones.com directly or indirectly, or in any manner,



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form utilizing any monies acquired by Cashforiphones.com’s unfair business

practices, including all profits, revenues, and proceeds both direct and indirect;

d. Imposition of constructive trust upon all monies and assets Defendant

has acquired as a result of unfair practices;

e. Restitution of all funds acquired from Cashforiphones.com’s unfair

business practices, including disgorgement of profits;

f. Costs of suit herein;

g. Investigative costs;

h. Both pre and post judgment interest on any amounts awarded;

i. Payment of reasonable attorneys’ fees;

j. Declaratory relief; and

k. Such other and further relief as the Court may deem just and proper.

GOLOMB & HONIK, P.C. Ruben Honik

Kenneth J. Grunfeld Tammi Markowitz Attorneys for Plaintiff, and the Proposed Class

DATED: March 19, 2015 MILSTEIN ADELMAN LLP

By: /s/ Sara D. Avila Gillian L. Wade

Sara D. Avila Attorneys for Plaintiffs, and the Proposed Class



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DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial of her claims by jury to the extent authorized

by law.

GOLOMB & HONIK, P.C. Ruben Honik

Kenneth J. Grunfeld Tammi Markowitz Attorneys for Plaintiff, and the Proposed Class

DATED: March 19, 2015 MILSTEIN ADELMAN LLP

By: /s/ Sara D. Avila Gillian L. Wade

Sara D. Avila Attorneys for Plaintiffs, and the Proposed Class



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Terms and Conditions Privacy Site Map Copyright O 2002 - 201'

1 of 5 1/12/2015 11:59 AM


Terms and Conditions in Selling iPhones to CashforiPhones

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Hoene ► Terms And Conditions

http://www, cashforiphones. com/terms-and-conditions

Terms &t ConditionsBasic Information abour Cash for iPhones and the General Terms and Conditions

We offer services (the "Services") through which you can sell certain consumer electronic products (the "Products") afterreceiving an "initial quote" from us by identifying your Product and its condition and completing checkout on our website. Youmust agree to abide by the following terms in order to use the Services and/or our Website.BY SETTING UP AN ACCOUNT, OR BY USING OUR WEB SITES, YOU SIGNIFY THAT YOU ARE 18 (eighteen years ofage) OR OLDER, HAVE FULL CAPACITY TO CONTRACT, AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS,WHICH MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE WEBSITES. ANY AMENDEDTERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. We reserve the right toterminate or suspend your use of the Websites and/or the Services if you do not comply with this Agreement or any otherpolicy or procedure, or for any other reason we determine, in our sole discretion.Basic InformationThese terms govern any initial quote that you receive to sell your Product to or through us. These terms, the terms that governyour use of the websites ("Websites"), the Services and any and all applications included therein, which terms are located onour Website, the terms of our privacy disclosures located on the Website and any supplemental terms or policies thataccompany a specific transaction, feature or application collectively make up an agreement between you and us (the"AgreemenP'). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreementin writing. In this Agreement, the term "you" or "your" refers to an individual or entity exercising rights under this Agreement,and the term "we" or "us" refers to our company and its a~liates and subsidiaries.1. Requirements. In order to complete the sale of your Product to or through us or to complete any other transaction with us,you must: (i) create an account with us; (ii) provide true, up-to-date, and accurate account information about yourself and anyProduct you submit to us; (iii) comply with all terms and conditions of this Agreement; (iv) comply with all applicable laws andregulations, including all import and export laws as described in Section 15 below; (v) transact on behalf of yourself and not onbehalf of others; and (vi) have the legal capacity to enter into agreements and to convey title and interest in any Product thatyou submit to us. In order to receive payments for any Products we purchase from you, you must provide us with informationincluding a valid email address at which you are able to receive email, a valid postal address at which you are able to receivemail, and your first and last name. We shall not be responsible for communication errors should your contact information beinaccurate or incomplete. You are responsible for ensuring that you can receive emails from us and we are not responsible for

any emails that were not received by you because they were blocked or filtered as spam. You understand and agree that if you

fail to provide us with accurate and up-to-date information about yourself: (a) we will not be responsible for any misappliedpayments or payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmentalauthorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of yourunclaimed funds are turned over to governmental authorities.2. Product Eligibility. We determine, in our sole discretion, which Products are eligible for purchase by or through the Servicesand for which eligible Products we will provide an initial or subsequent quote. We may terminate the eligibility of certainProducts at any time and without advanced notice.3. A. Initial Quotes Presented on Website. All such initial quotes are qualified and pending our evaluation of your laptop,

smartphone, tablet PC, or any other electronic device (hereinafter referred to as "device"). No binding quote is made until

we have had a chance to inspect the device that you send to us. We reserve the right to refuse to purchase any item that

you send us for any reason we deem, in our sole discretion, to be sensible. You must send us your device within the time

period stated herein. All amounts are paid by PayPal transfer or by company check and mailed to the address you provide tous during the initial quote process, per your designation. This usually takes five (5) business days from the date on which your

device arrives and is inspected at our facility unless we need to speak to you directly about the quote we wish to make. Werequire prompt receipt of your device and we expedite this process of our inspection and processing of payment pursuantthereto as necessary to conform with objective conditions of fluctuating market prices, continuous changes in supply, anddemand governing our ability to pay up to a certain amount. The timeframes set forth below are deemed necessary bythese dictates of our business and you are acknowledging your understanding thereof and agreement thereto eachby requesting the prepaid shipping materials and sending us your device as the result of accepting these terms onthe checkout page.B. You agree to ship your device within seven f~ days of receiving the protective packaging. Delay in shipping may negatively

affect the determination of value of the device. We determine the value of your device based on our systematic analysis of

such devices and the current marketplace. Many factors are taken into consideration, such as the age of the device, themanufacturer and model of the device, the wear and tear apparent on the device, whether the device is usable and or intact innature, and other elements that would affect its resale value or costs of repair to the device. If we decide to purchase your

device whether at the initial quote or a lower quote, we immediately send out an email with the amount of payment based onthe assessment. Your rights as to such payment are governed in paragraphs E and F, below. If we decide not to purchase thedevice, you will be given the option of allowing us to recycle the device in which case you will not receive any payment for thedevice. You must appropriately package the device you send us in order to protect it from harm during the shipping process. If

you fail to appropriately package the device prior to sending it you are solely responsible for any harm that comes to thedevice.C. (a) Sending Your Item to Us. You are solely responsible for the risk of loss or damage of/to your property while it is being

shipped to us and while it is shipped from us to you, should we return the item to you. We are responsible for risk-of-loss when

we open the packaging containing your Product and ceases in the event we return your Product to you for any reason. For the

avoidance of doubt, in such event, risk-of-loss will be transferred to you once we deliver the package to the carrier for return to

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Terms end Conditions in Selling iPhones to CashforiPhones http://www.cashforiphones.com/terms-and-conditions

you and you will bear the risk-of-loss while the Product is in transit.D. (b) Data Removal. We will endeavor to remove any data upon your hard drive or other media storage of your device andmay reformat the drive in order to do so. However, we cannot guarantee that all personally identifiable data or other sensitiveorsecurity-related information will be removed from your drive or other memory devices by us. Accordingly, you should removeany such information from your device before you send it to us. You agree to hold us harmless and indemnify us from any lossor injury resulting from your failure and our failure to remove such information prior to reselling or recycling the device that yousend. We are not responsible for any loss suffered by you due to any data that is not erased from the device and becomesavailable to any third party subsequent to our final disposition of your device. Remember to make all necessary backups ortransfers of data from vour device before you send it if you wish to keep or reuse anv data that is stored on yourdevice.E. Should you be given an initial quote via our Website AND we, upon inspection of your device, agree to pay you that amount,you are legally and contractually bound to sell us such device for the price initially quoted via the Website once you haveshipped the device to us.F. Should we, upon inspection of your device, decide to quote you a lower price than originally initially quoted, we will emailyou notice of such amount and you will have three (3) days to either acceptor reiect that new lower price. The threedays begins upon inspection of your device and our emailing you notice of intended payment either pursuant to theoriginal initial quote or such value as we determine in our sole discretion. If you reject any subsequent quote prior to theelapsing of this three-day period, we will return your device to you within five days thereafter. If you fail to either accept or

reject the new quote within the three days or IF WE ARE UNABLE TO CONTACT YOU AND YOU FAIL TO CONTACT US

BY PHONE WITHIN THESE THREE DAYS, YOU WILL BE DEEMED TO HAVE ACCEPTED THE NEW QUOTE/PAYMENTAND WE WILL HAVE PURCHASED YOUR DEVICE FOR THAT PRICE and paid for pursuant to the terms of this agreement.

It is your responsibility to be available to receive a call or an email for the purposes of our contacting you to notify

you of such new quote. In all cases where you request the return of your device by phone and within the three (3)

days set forth above, such device will be returned free of charge.G. Electronic Notices and Transactions. You agree to transact with us electronically, without limitation, agreeing to terms andconditions or offering to sell your Product by electronic means. You authorize us to provide you with terms and importantnotices about our company and your transactions via an email address you provide to us, or by posting notices on anapplicable page (or My Account area) on our Website. It is your duty to keep your email address accurate and up-to-date, to

maintain a valid email address, and to ensure that emails we send you are not filtered or stopped by spam filters or other types

of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Websites.

H. Product Inspection; Quote Recalculation. Your Product must be received by us within ten (10) days after you accept the

original quote provided by us and complete the checkout process on the Website (the "Delivery Period") or the quote shall

automatically expire. Packing and shipping recommendations provided to you by us should be followed in order to avoid

possible damage to or loss of the Product in transit. We will inspect all Products that are received. We have the option to

accept or reject the Product, including, without limitation, to reject any Product not conforming to the description you provided

to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no

longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any Product damaged or lost in transit. If we

reject the Product for any of these reasons, the initial quote automatically expires and is rescinded. We reserve the right to

revoke the initial quote and provide a revised quote for the Product or return your device if: (a) the Product and/or materials are

not as described, (b) the Product is received by us after the Delivery Period, (c) we receive Products) that are different from

those identified when your quote was calculated, (d) market conditions have changed, or (e) for any reason we determine is

necessary.I. Recalculated Product Quotes after Inspection. In the event we recalculate the initial quote provided for the Product after it

has been received and inspected, as described above, you shall have the option of accepting or rejecting the new such quote.

If you accept the new quote, you will be paid in normal course and in accordance with these service terms. If you reject the

new quote, we will return the Product to you at the address from which it was originally sent. We will give you a period of three

(3) days after we have presented you with a recalculated quote via email at the address you provided to accept or reject the

new quote (the "New Quote Period"). However, if the new quote is neither affirmatively accepted nor rejected by you during the

New Quote Period, the new quote will be deemed to have been accepted by you and you will be paid the new quote price in

the normal course and in accordance with these service terms. For the avoidance of doubt, your acceptance of the initial quote

and/or any new quote pursuant to these terms and conditions is final and you may not change your mind later about accepting

such quote price.J. Updating your information and email communication preferences. We want to communicate with you only if you want to hear

from us. If you prefer not to receive information from us, please let us know by calling us FREE at 1-888-821-1143 or by

sending us an email. Please note that sometimes these requests may take up to 1-2 weeks to be effective. In addition, when

you sell your electronics to us online, we may need to contact you via phone, email or mail to address questions or issues

specifc to your order, or with a promotional offer. If you would like to opt out of any further communication after completion of

the principal transaction(s), please use the opt out link in the email message sent to you, or contact us via email including your

email address, full name, and specifically what information you do not want to be receiving from us in the future. If you would

like to update or correct your email address, street address, or any other personal information with us please contact us either

by phone or email.K. Fitness for Sale; Phone and Internet Service. You must have all right, title, and interest in any and all Products you seek to

sell to us and all Products must be able to be activated for new service (unless the Product is incapable of being activated

because it is in "broken" condition). The Products and the sale and shipment of such items to us: (a) must comply with all

applicable laws, statutes, ordinances, including without limitation all import and export laws as described below, (b) may not

infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary

rights), and (c) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the Products are free of any liens

or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the

Services, you agree to indemnify us from all claims or losses sustained by us as a result of any breach of these

representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your

Product prior to selling it to us. We are not responsible for any service charges related to your Product, whether you incur such

charges before, during, or after your use of the Services. It is also your responsibility to remove any security codes that would

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Terms a~~d Conditions in Selling iPhones to CashforiPhones http://www.cashforiphones.com/terms-and-conditions

prevent use of any Product.L. Lawful Sales Only. By agreeing to these terms and conditions and by shipping your device to us, you certify that you are thelegal owner of the device that you send. You must own the right, title and all legal interest in the device you send us. Your saleand or shipment of any such item must not violate any law, regulation, or statute of any jurisdiction. You may not unlawfullytransfer or encumber any intellectual property, trademark, copyright, patent, software, license, or other legal right or restrictionvia your shipping or selling of the shipped item. The item you ship must be free of all legal restrictions that would affect thevalue of the item, or restrict your legal right to transfer ownership of the item (including the item itself, software present on theitem, or hardware on or inside the item). You must refrain from violating any export laws or restrictions. The item you send(including all related materials, software and add-on hardware) may not be counterfeited, stolen, or contain harmful oroffensive content of any nature. You agree to hold us harmless and indemnify us from any and all loss of any nature, includingfees, costs, judgments, liens, and reasonable attorney's fees, arising from any threatened or actual legal action should youviolate this term and condition of this Agreement.M. Failure to Return Product or Contents Thereto. Under certain limited circumstances, at no fault of ours, we may not be ableto return your item and you agree to hold us harmless from any loss regarding our failure, when outside of our control, to returnyour device to you. We will never under any circumstance duplicate or return any software or data contained on your device.N. Passing of Title. Legal title of your device passes to us when we agree to pay you the initial quote amount as shown on ourwebsite, you agree to accept a lower quote that we make to you, or we send you notice of a new quote and you do not call uswithin three (3) days requesting the return of your device or to have us recycle such device. Atl payments are sent asestablished by our normal course of business. If we do not agree to accept your Product byway of purchase or as a machineto be recycled, then title does not pass to us. Title for all devices accepted for recycling passes to us when you agree to allow

the device to be recycled. All decisions about whether or not we purchase your device and for what dollar amount are final.Any quote to purchase your device that we make expires if not accepted by you in a timely manner, as described herein. Atany time we may decide, without prior notice, to discontinue purchasing any particular or all items.O. Errors. Should we make a material error in any representation of facts, information or offers to you, your sole recourse is torequest the return of the item that you have sent to us. Your ability to request the return of the item elapses three (3) days afteryour receipt of our email notifying you of the amount of the quote. In the event that you elect to cancel the transaction prior tothe elapsing of the three days, we will return the item to you upon your request.P. Non-Transferable. Any quote by us for your Product is non- transferable and not redeemable for any other considerationother than what is offered by us.Q. Promotions. From time to time, and at our sole discretion, we may offer promotional programs as an incentive to customers.

Promotions applicable to payments are applied as an increment to the final value of a customer's Product, but they are notconsidered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to,expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions

must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot beapplied to the same transaction. We reserve the right, in our sole discretion, to cancel or refuse any promotions.R. Accuracy of All Information. We make every effort to ensure the accuracy of all information you receive in relation to your

Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing, or other errors oromissions. As such, we reserve the right, at any time prior to payment, to (a) correct an error, or (b) change the terms.S. Privacy. We view protection of users' privacy as a very important community principle. When you use the Websites and the

Services, we collect information about you. You agree that we may collect and use your information in accordance with thePrivacy Policy, which you can review by going to the Website, as the same may be updated from time to time. If you object to

your information being transferred or used in this way, please do not use our Websites or services.T. Access. You are responsible for obtaining, at your own expense, all equipment and services needed to access and use theWebsites and the Services, including ail devices, Internet browsers and Internet access. If you access the Website and the

Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, textmessaging, and other wireless access or communications services.U. Use of Services. By using the Websites, you agree not to (i) access any of the Services by any means (including, withoutlimitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by us; and (ii)engage in any other activity that interferes with or disrupts the Services or performance of the Websites.V. No Warranties. WE PROVIDE THE SERVICES AND WEBSITES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE,"WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OFMERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE IMPLIEDCONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH USWILL MEET YOUR REQUIREMENTS.W. Limited Liability. IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,AGENTS, OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL,CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TOPROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOURTRANSACTIONS WITH US UNDER THIS AGREEMENT. Some states do not allow the exclusion or limitation of liability ofconsequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the

fullest extent permitted by law.X. Indemnity. You agree to indemnify, defend, and hold the company including its parent, subsidiaries, affiliates, officers,directors, employees, agents, representatives, vendors, and distributors, harmless from and against any and all claims,liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as aresult of or arising from your (or anyone using your account's) violation or breach of any terms under this Agreement. Wereserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, insuch case, you agree to cooperate with our defense of such claim.Y. Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subjectmatter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or

be used in determining the intent of the parties to it. No waiver by us of any breach or default hereunder shall be deemed to be

a waiver of any preceding or subsequent breach or default.Z. Correction of Errors and Inaccuracies. The Website and any correspondence related to a transaction may contain

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Terms and Conditions in Selling iPhones to CashforiPhones http://www.cashforiphones.com/terms-and-conditions

typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right tocorrect any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. We do not,however, guarantee that any errors, inaccuracies, or omissions will be corrected.AA. Modification. We reserve the right to modify this Agreement at any time. If you do not agree to the changes, you maydiscontinue using the Websites and/or the Services. Your continued use of any Website and/or Services after any suchchanges take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to us, you reaffirmyour acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement eachtime you use the Websites and/or the Services. The Agreement is and will be located on the website. The last date thisAgreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately uponposting.If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email our webmaster.General Terms and ConditionsTHESE TERMS AND CONDITIONS ARE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, NEVADA LAW,AND NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS ANDCONDITIONS. BY CHECKING THE BOX STATING "I AGREE TO THE TERMS AND CONDITIONS" AND THEREAFTERCLICKING ON "SELL NOW," YOU ARE AUTHORIZING THIS TRANSACTION PURSUANT TO ALL SUCH TERMS ANDCONDITIONS. CHECKING THE BOX "I AGREE" FURTHER ACKNOWLEDGES YOUR AGREEMENT THAT ANY ACTION

AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY

IN STATE OR FEDERAL COURT LOCATED IN RENO, NEVADA AND YOU HEREBY IRREVOCABLY ANDUNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT,

ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.This Agreement constitutes the entire agreement between the parties. Captions are used only as a matter of convenience and

have no legal import. No waiver by us regarding any breach or default shall be deemed to be a waiver of any preceding orsubsequent breach or default. Our website or other publications and communications may contain errors. We reserve the right

to correct any errors in writing or orally with you. We strive to make every transaction fast and easy! Should you have any

questions regarding these terms and conditions, please do not hesitate to call us at 1-888-634-4409 or email using the Contact

Us page.

5 of 5 1/12/2015 11:59 AM



Laptop &Desktop Repair, LLC Business Review in Sparks, NV - N... http://www.bbb.org/reno/business-reviews/recycling-computers-and...

Northern Nevada

Change Location

BBB BUSINESS REVIEW

THIS BUSINESS IS NOT BBB ACCREDITED

Laptop &Desktop Repair, LLC

Phone: (888) 821-1143

Fax: (775) 857-1059View Additional Phone Numbers84 Coney Island Dr, Sparks, NV 89431http://www. cash4laptops.comView Additional Web Addresses

~~~ On a scale of A+ to F~` Reason for Rating

BBB Ratings System Overview~._W)

B88 Business Reviews may not be reproduced for sales or promotional purposes.

BBB AccreditationLaptop &Desktop Repair, LLC is not BBB Accredited

Businesses are under no obligation to seek BBB accreditation, and some businesses are not accredited because they have not sought BBBaccreditation.

To be accredited by 868, a business must apply for accreditation and BBB must determine that the business meets B68 accreditation standards, whichinclude a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses must pay a fee for accreditationreview/monitoring and for support of BBB services to the public.

Reason for RatingBBB rating is based on 13 factors. Get the details about the factors considered.

Factors that lowered Laptop &Desktop Repair, LLC's rating include:

1580 complaints filed against business64 complaints filed against business that were not resolved.

Customer Complaints Summary Read complaint det~

I1580 complaints closed with BBB in last 3 years ~ 1394 closed in last 12 months

_......Complaint Type Total Closed Complaints

1 of 3 2/18/2015 4:45 PM


Laptop &Desktop Repair, LLC Business Review in Sparks, NV - N... http://www.bbb.org/reno/business-reviews/recycling-computers-and...

Advertising /Sales Issues 46

Billing /Collection Issues 1

Delivery Issues 7

Guarantee /Warranty Issues 1

Problems with Product /Service 1525

Total Closed Complaints 1580

Additional Complaint Information

According to complaints in BBB files, consumers allege the business obtains their interest by offering a high quote online and then lowering the quote uponbusiness' receipt of the electronic device.

Customer Reviews Summary

5 Customer Reviews Customer Reviews on Laptop &Desktop Repair, LLC

Customer Experience

Positive Experience

Neutral Experience

Negative Experience

Total Customer Reviews

Read customer revie

0

0

5

5 Customer Reviews

Government Actions

BBB knows of no significant government actions involving Laptop &Desktop Repair, LLC.

What government actions does BBB report on7

Advertising ReviewBBB has nothing to report concerning Laptop &Desktop Repair, LLC's advertising at this time.

What is BBB Advertising Review?

Additional InformationBBB file opened: 04!13/2006Business started: 04/01/2002

Type of Entity

Limited Liability Company

Business ManagementPrincipal: Mr. Vadim "David Kruchin" Kruchinin (President /CEO)

Business Category

Recycling -Computers &Other Electronics

Products &Services

This business offers cash for used or non-working electronics. Thisbusiness also sells used laptop parts and used cell phones.According to the business it recycles responsibly.

Alternate Business Names

cash4laptops.com, cashforlaptops.com, cashforiphones.com,cashforberrys.com, cashforsmartphones.com, cashforapples.com,cashforipads.com, laptopaid.com, laptopaid.us, laptopzyx.com,cellphonecity.com, iphonepartspro.com, pei-jian.com,ecyclebest.com, The Gadget Buying Company

Total Customer Reviews

~~fviap data CY14'15 ~

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Laptop &Desktop Repair, LLC Business Review in Sparks, NV - N

As a matter of policy, 888 does not endorse any product, service or business.

http://www. bbb. org/reno/bus iness-reviews/recycling-computers-and...

BBB Business Reviews are provided solely to assist you in exercising your own best judgment. Information in this B88 Business Review is believed reliable buaccuracy.

BBB Business Reviews generally cover athree-year reporting period. 888 Business Reviews are subject to change at any time.

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Contact Terms of Use Trademarks Privacy Policy Fight Phishing

O 2015 BBB of Northern Nevada

3 of 3 2/18/2015 4:45 PM



Gmail -Order 561389, Your Device Has Qeen Inspected 3J2/15, 12:46 PM

~_ ,:~n~a Wasl~ir7gtoi~ <I~iMmcwashinytonngrn~~ii.co~~~~

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Order 561389, Your Device Has Been Inspected

CashForLaptops Family of Websites <[email protected]> Mon, Feb 2, 2015 at 4:34 PMTo: [email protected]

Hi Helaina,

Good news: your device arrived safely at our facility and just received a professional appraisal by our qualifieddevice inspectors,

Nothing to do now but receive your cash!

After carefully inspecting your device by hand, seeing its condition, and following up-to-the-minute market conditions—you're owed $9 for the device.

This is the same amount we'd pay everyone else for the same device right now, and it follows the Terms &Conditionswe agreed upon when you sent your device.

What's Next?

No more waiting around; our accounting team is processing your cash right now, and within 3 business days we'll besending you your PayPal payment.

Thanks for trusting us as your unwanted device recycler, and improving our environment while you're at it.

Have an amazing day and look out for your payment!

In Your Service,

Peter ThompsonCustomer Satisfaction Champion

https://mail.google.com/mail/u/0/?ui=2&ik=2665dcd8d0&view=pt&search=sent&msy=14b4cdbe29aadd00&sim1=14b4cdbe29aadd00 Page 1 of 1



Gmail - Qrder 561389, Your Device Has Been Inspected

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3/2/15, 12:46 PM

I_ai~~~ W~shirrgtor~ <~n~cw~shi~~gton(c~gm~iiLcorr7~

Order 561389, Your Device Has Been Inspected

Laina Washington <[email protected]>To: CashForLaptops Family of Websites <[email protected]>

Mon, Feb 2, 2015 at 6:12 PM

Can you please cancel my Order and send the phone back I do not accept $9 I can get more than that elsewherethank you[Quoted text hidden)

hops://mail,google.com/mail/u/0/?ui=2&ik=2665dcd8d0&view=pt&search=sent&msg=14b4d35e467579fc&sim1=14b4d35e467579fc Page 1 of 1



Gmail -cancel my order 3/2/15, 12:50 PM

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Laina Washington <[email protected]>To: CashForLaptops Family of Websites <[email protected]>

Fri, Feb 6, 2015 at 8:15 AM

have tried to cancel this order several times. The first time I contacted you was to change the payment from paypalto a check because I cannot get in#o my paypal account. Then I received a notice saying the estimate of $88 wentdown to $9 and I do not accept that offer. I am asking you to please send my phone back and cancel this service.have been trying to contact you for over a week via phone as well as email. Your customer services reps continue tosit there and tell me how many times I've called because it has been logged ... I know how many times I have calledand emailed your company I have my own logs as well. So I'd appreciate it if you could have someone answer thephone next time that won't insult my intelligence simply because I am not happy with whets going on. It is very hard tokeep your cool when you are constantly being given the run-around and I do not appreciate what's going on here.Again, I'd honestly like to handle this in a civil matter but I've already contacted the BBB and will be contact my lawyerafter today to take legal action should you refuse to contact me and return my device. This is not a threat or somethingthat I take pleasure in doing however, being treated this way is something I don't and will not take lightly. Thank you.MELAINA WASHINGTON my phone number is (619) 335 3943 &ORDER # 561389

hops://mail.google.com/mail/u/0/?ui=2&ik=2665dcd8d0&view=pt&search=sent&msg=14b5fad23bd8dOf4&sim1=14b5fad23bd8dOf4 Page 1 of 1



Gmail - Helaina -Order 561389 Status; PayPal Payment Sent

~.

3/2/15, 12:52 PM

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Helaina -Order 561389 Status: PayPal Payment Sent

GashForLaptops Family of Websites <[email protected]>To: [email protected]

Dear Helaina,

Thank you for recycling your Apple iPhone 5C 16G6 T-Mobile!

Fri, Feb 6, 2015 at 5:41 AM

Your PayPal payment has been processed and will be on its way to you in no time! Expect it to arrive in your PayPalaccount within the next 24 hours.

ENJOY your CASH and FEEL GOOD for responsibly recycling your electronics. Tell everyone to visithttp://www.cashforiphones.com/ to recycle their electronics too!

Things to keep in mindWith your online account, you have access to the following features:

Refer all of your friends to earn CASH. Use your personal referral code to earn anywhere from $4 to $10 for eachdevice SENT to us by your friend.View your order and referral historyTrack your packagesUpdate your personal informationReset your passwordView message history

Login to your account by visiting http://www.cashforiphones.com/:

Username; [email protected]

Your password can easily be reset by visiting http://www.cashforiphones.com/reset_password.

Thank you!

BrianCustomer Satisfaction Champion

Cash for Laptops ~ Facebook ~ Twitter ~ EmailCash for iPhones ~ Facebook ~ Twitter ~ EmaileCycle Best ~ Facebook ~ Twitter ~ Email

https://mail.google.com/mail/u/0/?ui=2&ik=2665dcd8d0&view=pt&search=lnbox&msg=14b5f202220e9f3a&sim1=14b5f202220e9f3a Page 1 of 1


CIVIL COVER SHEET

(SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

(b)(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

(c) (Firm Name, Address, and Telephone Number) (If Known)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff(For Diversity Cases Only) and One Box for Defendant)

PTF DEF PTF DEF(U.S. Government Not a Party) or

and(Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT (Place an “X” in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

PERSONAL INJURY PERSONAL INJURY

PROPERTY RIGHTS

LABOR SOCIAL SECURITY PERSONAL PROPERTY

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS FEDERAL TAX SUITSHabeas Corpus:

IMMIGRATIONOther:

V. ORIGIN (Place an “X” in One Box Only)

(specify)

VI. CAUSE OF ACTION(Do not cite jurisdictional statutes unless diversity)

VII. REQUESTED IN COMPLAINT:

CLASS ACTION DEMAND $JURY DEMAND:

VIII. RELATED CASE(S) IF ANY (See instructions):

FOR OFFICE USE ONLY

HELAINA WASHINGTON, individually and on behalf of all otherssimilarly

San Diego County, CA

MILSTEIN ADELMAN, LLP2800 Donald Douglas Loop North, Santa Monica, California 90405Telephone: (310) 396-9600

CASHFORIPHONES.COM (fka Cashforlaptops.com)

Washoe County, NV

Cal Civil Code §§1750, et seq

Complaint for violations of UCL, FAL and CLRA

03/19/2015 /s/ Sara D. Avila

TBA at trial

ACC

'15CV0627 JMAJAH

Case 3:16-cv-00300-LRH-WGC Document 1-1 Filed 03/19/15 Page 1 of 2

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

I.(a) Plaintiffs-Defendants.

(b) County of Residence.

(c) Attorneys.

II. Jurisdiction.

. ; NOTE: federal question actions take precedence over diversity cases.

III. Residence (citizenship) of Principal Parties.

IV. Nature of Suit.

V. Origin.

VI. Cause of Action. Do not cite jurisdictional statutes unless diversity.

VII. Requested in Complaint.

VIII. Related Cases.

Date and Attorney Signature.

Case 3:16-cv-00300-LRH-WGC Document 1-1 Filed 03/19/15 Page 2 of 2

MILSTEIN ADELMAN, LLP GOLOMB & HONIK, P.C. pro hac vice … · 2016. 6. 9. · Cashforlaptops.com) CASE NO._____ CLASS ACTION CLASS ACTION COMPLAINT (1) VIOLATIONS OF CONSUMER LEGAL

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