California Court of Appeal

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Chapman v. Skype, Inc., B241398

Dismissal of a class action alleging that defendant advertises its voice over Internet protocol calling plans as "Unlimited" when, in fact, the plans are limited as to the number of minutes per day and month and the number of calls per day, is reversed, where: 1) plaintiff has adequately alleged counts for violation of the unfair competition law, the false advertising law, and the Consumer Legal Remedies Act based on deceptive advertising; 2) plaintiff has failed, however, to allege her counts for intentional and negligent misrepresentation with sufficient specificity as to actual reliance, but she is entitled to an opportunity to amend her complaint as to those counts; and 3) plaintiff is entitled to leave to amend her complaint to allege a rescission of the subscription agreement so as to support her count for unjust enrichment.

Appellate Information

  • Decided 10/04/2013
  • Published 10/04/2013

Judges

  • CROSKEY

Court

  • California Court of Appeal

Counsel