Alaska State Court Class Action Complaint

CLASS ACTION COMPLAINT (ALASKA STATE COURT)

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[________________________________] JUDICIAL DISTRICT AT [________________________________]

Case No.: [________________________________]

Judge: [________________________________]

CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff [________________________________] ("Plaintiff"), individually and on behalf of all others similarly situated, by and through undersigned counsel, brings this Class Action Complaint against Defendant [________________________________] ("Defendant"), and alleges upon personal knowledge as to matters concerning Plaintiff, and upon information and belief as to all other matters, as follows:

I. NATURE OF THE ACTION

1. This is a class action brought under Alaska R. Civ. P. 23 on behalf of a class of Alaska consumers/persons who [________________________________] [describe class and common grievance].

2. Defendant engaged in [________________________________] [describe unlawful conduct], which constitutes unfair or deceptive acts or practices in violation of the Alaska Unfair Trade Practices and Consumer Protection Act ("UTPCPA"), AS § 45.50.471 et seq., and caused common and uniform injury to Plaintiff and all members of the proposed Class.

3. Plaintiff seeks, on behalf of herself/himself and the Class, treble damages (or $500 minimum per violation, whichever is greater) pursuant to AS § 45.50.531(a); declaratory and injunctive relief; restitution and disgorgement; pre- and post-judgment interest; reasonable attorney's fees and costs under AS § 45.50.537 and Alaska R. Civ. P. 82; and such further relief as the Court deems just and proper.

II. JURISDICTION AND VENUE

4. This Court has subject-matter jurisdiction over this action because the Superior Court is Alaska's court of general original jurisdiction in all civil and criminal matters. Alaska Const. art. IV, § 1; AS § 22.10.020; AS § 22.10.030.

5. This Court has personal jurisdiction over Defendant because (check all that apply):

☐ Defendant is incorporated, organized, or maintains its principal place of business in Alaska;
☐ Defendant transacts business within Alaska within the meaning of AS § 09.05.015(a)(1);
☐ Defendant contracted to supply goods or services in Alaska within the meaning of AS § 09.05.015(a)(2);
☐ Defendant caused tortious injury in Alaska by an act or omission in Alaska within the meaning of AS § 09.05.015(a)(3);
☐ Defendant caused tortious injury in Alaska by an act or omission outside Alaska and regularly does or solicits business in, or derives substantial revenue from goods used or services rendered in, Alaska within the meaning of AS § 09.05.015(a)(4);
☐ Other: [________________________________].

6. Venue is proper in this Judicial District pursuant to Alaska R. Civ. P. 3 and AS § 22.10.030 because (check all that apply):

☐ The claim arose in this Judicial District;
☐ Defendant resides or may be found in this Judicial District;
☐ Defendant maintains a place of business in this Judicial District;
☐ Plaintiff resides in this Judicial District and the cause of action arose here;
☐ Other: [________________________________].

III. PARTIES

A. Plaintiff

7. Plaintiff [________________________________] is a natural person residing in [City], Alaska.

8. At all relevant times, Plaintiff [________________________________] [describe Plaintiff's connection: purchased Defendant's product, paid for Defendant's services, was charged the disputed fee, etc.] in Alaska.

B. Defendant

9. Defendant [________________________________] is a [corporation/LLC/partnership] organized under the laws of [State], with its principal place of business at [________________________________]. Defendant is registered to do business in Alaska and maintains a registered agent for service of process at [________________________________].

10. At all relevant times, Defendant [________________________________] [describe Defendant's business activities and how they affected Alaska consumers / the Class].

IV. FACTUAL ALLEGATIONS

A. Background

11. [________________________________] [describe industry, product, service, or scheme].

12. [________________________________] [describe Defendant's standardized practice or representation].

13. [________________________________] [describe how the practice was uniform across the Class].

B. Defendant's Course of Conduct

14. Beginning on or about [__/__/____] and continuing through the present, Defendant uniformly [________________________________].

15. Defendant's conduct was directed at Alaska consumers/persons through [________________________________] [marketing channels, form contracts, billing practices, etc.].

16. Defendant's [________________________________] [representations/omissions/charges] were materially [false/misleading/unauthorized] in that [________________________________].

C. Plaintiff's Experience

17. On or about [__/__/____], Plaintiff [________________________________] in [City], Alaska.

18. In connection with that transaction, Defendant [________________________________].

19. As a direct and proximate result of Defendant's conduct, Plaintiff suffered an ascertainable loss of money or property within the meaning of AS § 45.50.531(a) in the approximate amount of $[________], plus consequential damages, and is entitled to such further relief as alleged below.

D. Common Harm to Class Members

20. Plaintiff and all members of the proposed Class were harmed by Defendant's same standardized conduct in the same manner, differing only in the amount of monetary loss.

21. Defendant's records, including [________________________________] [transaction databases, billing records, customer files], permit the identification of Class members and the calculation of individual damages on a class-wide basis.

V. CLASS ACTION ALLEGATIONS

22. Plaintiff brings this action on behalf of himself/herself and all others similarly situated pursuant to Alaska R. Civ. P. 23(a) and 23(b)(1), 23(b)(2), and/or 23(b)(3).

A. Class Definition

23. The proposed Class is defined as:

All persons in the State of Alaska who [________________________________] during the period from [__/__/____] to the present (the "Class Period").

24. Excluded from the Class are:
    - Defendant, its parents, subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns;
    - The judicial officers presiding over this action, members of their judicial staff, and members of their immediate families;
    - All persons who timely and properly exclude themselves from the Class; and
    - [________________________________].

25. Plaintiff reserves the right to modify, amend, or refine the Class definition based on information developed in discovery and on the issues identified by the Court at certification.

B. Numerosity — Civ. R. 23(a)(1)

26. The Class is so numerous that joinder of all members is impracticable. Plaintiff alleges on information and belief that the Class consists of at least [________] persons.

27. The identities of Class members can be ascertained through Defendant's books and records.

C. Commonality — Civ. R. 23(a)(2)

28. There are questions of law and fact common to the Class, including without limitation:

a. Whether Defendant engaged in the conduct alleged herein;

b. Whether Defendant's conduct constituted an unfair or deceptive act or practice within the meaning of AS § 45.50.471;

c. Whether Defendant's representations and/or omissions were material;

d. Whether Defendant's conduct caused Plaintiff and the Class to suffer an ascertainable loss of money or property within the meaning of AS § 45.50.531(a);

e. Whether Plaintiff and the Class are entitled to actual damages, treble damages, or the $500 statutory minimum per violation under AS § 45.50.531(a);

f. Whether Plaintiff and the Class are entitled to declaratory or injunctive relief;

g. Whether Plaintiff and the Class are entitled to reasonable attorney's fees under AS § 45.50.537;

h. The appropriate measure of damages and the method by which damages may be calculated on a class-wide basis.

D. Typicality — Civ. R. 23(a)(3)

29. Plaintiff's claims are typical of the claims of the Class because Plaintiff and each Class member were injured by the same standardized course of conduct by Defendant. Plaintiff and the Class share the same legal theories, and Plaintiff is not subject to any unique defenses. See State v. Native Village of Tanana, 249 P.3d 734 (Alaska 2011).

E. Adequacy — Civ. R. 23(a)(4)

30. Plaintiff will fairly and adequately protect the interests of the Class. Plaintiff has no interests antagonistic to or in conflict with the Class, and has retained counsel competent and experienced in complex class action litigation, including Alaska class action and UTPCPA practice.

F. Maintainable Under Civ. R. 23(b)(3) — Predominance and Superiority

31. Questions of law and fact common to the Class predominate over questions affecting only individual members. The central liability questions turn on Defendant's uniform conduct, not on any individualized inquiry. See Sopcak v. Northern Mountain Helicopter Service, 924 P.2d 1006 (Alaska 1996).

32. A class action is superior to other available methods for the fair and efficient adjudication of this controversy because:

a. Class members' individual damages are modest relative to the burden and expense of individual litigation, making individual prosecution economically impractical;

b. Class adjudication will conserve judicial resources and avoid the risk of inconsistent adjudications;

c. Defendant has acted on grounds generally applicable to the Class; and

d. Management of this case as a class action presents no unusual difficulties.

G. Maintainable Under Civ. R. 23(b)(1) and 23(b)(2) (Alternative)

33. In the alternative, certification is appropriate under Civ. R. 23(b)(1)(A) because prosecution of separate actions would create a risk of inconsistent or varying adjudications establishing incompatible standards of conduct for Defendant.

34. Certification is appropriate under Civ. R. 23(b)(1)(B) because adjudications with respect to individual Class members would, as a practical matter, be dispositive of the interests of other Class members or substantially impair their ability to protect their interests.

35. Certification is appropriate under Civ. R. 23(b)(2) because Defendant has acted or refused to act on grounds generally applicable to the Class, making final injunctive and corresponding declaratory relief appropriate respecting the Class as a whole.

VI. CLAIMS FOR RELIEF

COUNT I — Violation of the Alaska Unfair Trade Practices and Consumer Protection Act, AS § 45.50.471 et seq.

(On Behalf of Plaintiff and the Class)

36. Plaintiff incorporates by reference all preceding paragraphs.

37. The UTPCPA, AS § 45.50.471, declares unlawful any "unfair methods of competition and unfair or deceptive acts or practices in the conduct of trade or commerce." AS § 45.50.531 expressly authorizes private and class actions for violations.

38. Defendant is a "person" engaged in "trade or commerce" within the meaning of AS § 45.50.561, and Plaintiff and the Class members are consumers entitled to the Act's protections. See Alaska Trademark Shellfish, LLC v. State Dep't of Fish & Game, 91 P.3d 953 (Alaska 2004).

39. Defendant violated AS § 45.50.471 by [________________________________] [identify the enumerated UTPCPA acts allegedly violated, e.g., AS § 45.50.471(b)(4) (misrepresentation of source, sponsorship, approval, or certification); (b)(6) (misrepresentation that goods or services have characteristics, ingredients, uses, or benefits that they do not have); (b)(11) (misrepresentation of price); (b)(12) (failure to deliver as represented)].

40. Plaintiff and the Class suffered an ascertainable loss of money or property as a direct and proximate result of Defendant's unlawful conduct.

41. Pursuant to AS § 45.50.531(a), Plaintiff and the Class are entitled to recover three times the actual damages or $500 per violation, whichever is greater, plus reasonable attorney's fees under AS § 45.50.537 and such other equitable relief as the Court deems necessary and proper.

42. Pursuant to AS § 45.50.531(c), Plaintiff has caused (or will cause) a copy of this Complaint to be served on the Alaska Attorney General concurrently with filing.

COUNT II — Common Law Fraud / Fraudulent Misrepresentation

(On Behalf of Plaintiff and the Class) [as applicable]

43. Plaintiff incorporates by reference all preceding paragraphs.

44. Defendant made material misrepresentations and/or omissions concerning [________________________________].

45. Defendant knew the representations were false or made them with reckless disregard for their truth.

46. Defendant intended that Plaintiff and the Class rely on the representations.

47. Plaintiff and the Class justifiably relied on the representations to their detriment.

48. Plaintiff and the Class suffered damages in an amount to be proven at trial.

COUNT III — Breach of Contract / Breach of Implied Covenant of Good Faith and Fair Dealing

(On Behalf of Plaintiff and the Class) [as applicable]

49. Plaintiff incorporates by reference all preceding paragraphs.

50. Plaintiff and each Class member entered into a contract with Defendant on substantially uniform terms.

51. Defendant breached the contract and/or the implied covenant of good faith and fair dealing recognized under Alaska law by [________________________________].

52. Plaintiff and the Class performed all obligations under the contract, or any nonperformance was excused.

53. Plaintiff and the Class suffered damages proximately caused by the breach in an amount to be proven at trial.

COUNT IV — Unjust Enrichment / Restitution

(On Behalf of Plaintiff and the Class) (Pleaded in the Alternative)

54. Plaintiff incorporates by reference all preceding paragraphs.

55. Plaintiff and the Class conferred a benefit upon Defendant in the form of [________________________________].

56. Defendant knew of and accepted the benefit.

57. It would be inequitable to permit Defendant to retain the benefit without payment of its value to Plaintiff and the Class.

58. Plaintiff and the Class are entitled to restitution and disgorgement of all monies Defendant obtained as a result of its conduct.

COUNT V — Declaratory and Injunctive Relief

(On Behalf of Plaintiff and the Class)

59. Plaintiff incorporates by reference all preceding paragraphs.

60. A justiciable controversy exists concerning the legality of Defendant's conduct.

61. Plaintiff and the Class are entitled to a judicial declaration that Defendant's conduct violates the UTPCPA and Alaska common law, and to permanent injunctive relief enjoining further unlawful conduct pursuant to AS § 45.50.531(a) and Alaska R. Civ. P. 65.

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff, on behalf of herself/himself and the Class, respectfully requests that this Court enter judgment in favor of Plaintiff and the Class and against Defendant as follows:

A. Certifying this action as a class action under Alaska R. Civ. P. 23(a) and 23(b)(1), 23(b)(2), and/or 23(b)(3); appointing Plaintiff as Class Representative; and appointing the undersigned as Class Counsel under Alaska R. Civ. P. 23(g);

B. Awarding actual compensatory damages in an amount to be proven at trial;

C. Awarding treble damages or $500 per violation, whichever is greater, pursuant to AS § 45.50.531(a);

D. Awarding restitution and disgorgement of all monies Defendant obtained through the unlawful conduct;

E. Awarding punitive damages where warranted under Alaska common law (subject to AS § 09.17.020 and AS § 45.50.531(i));

F. Granting a declaratory judgment that Defendant's conduct violates the UTPCPA and Alaska common law;

G. Granting permanent injunctive relief restraining Defendant from continuing the unlawful conduct;

H. Awarding pre-judgment and post-judgment interest at the maximum rates allowed by AS § 09.30.070;

I. Awarding reasonable attorney's fees, expert fees, expenses, and costs pursuant to AS § 45.50.537, Alaska R. Civ. P. 82, and any other applicable authority; and

J. Granting such other and further relief as the Court deems just and equitable.

VIII. DEMAND FOR JURY TRIAL

Plaintiff, on behalf of herself/himself and the Class, hereby demands a trial by jury on all issues so triable, pursuant to Alaska Const. art. I, § 16 and Alaska R. Civ. P. 38.

DATED: [__/__/____]

Respectfully submitted,

By: [________________________________]
[Attorney Name] (Alaska Bar No. [____________])
[Firm Name]
[Address]
[City, Alaska ZIP]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

Counsel for Plaintiff and the Proposed Class

NOTICE TO THE ALASKA ATTORNEY GENERAL

Pursuant to AS § 45.50.531(c), the Clerk of the Court is requested to mail a copy of this Complaint to:

Alaska Attorney General
Department of Law
Consumer Protection Unit
1031 W. 4th Avenue, Suite 200
Anchorage, AK 99501

ALASKA-SPECIFIC PRACTICE NOTES

1. UTPCPA Damages and Fees. AS § 45.50.531(a) provides a mandatory recovery of three times actual damages or $500 per unlawful act or practice, whichever is greater. AS § 45.50.537 provides for reasonable attorney's fees. These provisions OVERRIDE Alaska Civil Rule 82's partial fee-shifting framework in UTPCPA cases.

2. Two-Year Statute of Limitations. UTPCPA actions must be filed within two years of when the plaintiff discovers or should reasonably have discovered the loss. AS § 45.50.531(f). Plaintiff's counsel must plead diligent-discovery facts where appropriate.

3. Notice to Attorney General. AS § 45.50.531(c) requires the court clerk to mail a copy of the complaint to the Alaska Attorney General. Plaintiff's counsel should send a courtesy copy directly to the Consumer Protection Unit to ensure prompt notice.

4. Punitive Damages — State Share. Under AS § 45.50.531(i) and AS § 09.17.020(j), 50% of any punitive damages award must be deposited into the Alaska general fund. This does not give the state a right to file or intervene.

5. Standing. The UTPCPA's private right of action extends to any person who suffers ascertainable loss; consumer-versus-business standing is broader than under some sister-state acts. See Alaska Trademark Shellfish, LLC v. State Dep't of Fish & Game, 91 P.3d 953 (Alaska 2004).

6. Class Certification Standard. Alaska Civil Rule 23 tracks federal Rule 23. Alaska decisions look to federal authority for guidance but are not bound by it. See State v. Native Village of Tanana, 249 P.3d 734 (Alaska 2011); Sopcak v. Northern Mountain Helicopter Service, 924 P.2d 1006 (Alaska 1996) (predominance and individualized issues).

7. Venue and Judicial Districts. Alaska is divided into four judicial districts (First — Juneau/Ketchikan; Second — Nome/Kotzebue/Barrow; Third — Anchorage/Palmer/Kenai; Fourth — Fairbanks/Bethel). Venue is governed by Alaska R. Civ. P. 3 and AS § 22.10.030; the Court has broad discretion to change venue under Rule 3(c) where the convenience of parties and witnesses or the interests of justice so require.

8. Service. Alaska R. Civ. P. 4 governs service of process. Corporate defendants may be served on the registered agent or, where none, on the Alaska Commissioner of Commerce, Community, and Economic Development. AS § 10.06.150.

VERIFICATION (OPTIONAL — required only where specifically authorized by statute or rule)

I, [________________________________], am the Plaintiff in the above-captioned action. I have read the foregoing Class Action Complaint and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein stated upon information and belief, and as to those matters, I believe them to be true.

I declare under penalty of perjury under the laws of the State of Alaska that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________], Alaska.

[________________________________]
Plaintiff Signature

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] a true and correct copy of the foregoing CLASS ACTION COMPLAINT was filed and served via:

☐ Alaska Courts True Filing electronic system
☐ Certified U.S. Mail, return receipt requested
☐ Personal service
☐ Commercial carrier service
☐ Hand delivery
☐ Email (where permitted)

upon all parties of record and/or upon the following:

[________________________________]
[________________________________]
[________________________________]

[________________________________]
Signature

SOURCES AND REFERENCES

• Alaska R. Civ. P. 23 (Class Actions): https://courts.alaska.gov/rules/docs/civ.pdf
• Alaska Stat. § 45.50.471 (UTPCPA — prohibited acts): https://www.akleg.gov/basis/statutes.asp#45.50.471
• Alaska Stat. § 45.50.531 (Private and class actions; treble damages): https://law.justia.com/codes/alaska/title-45/chapter-50/article-3/section-45-50-531/
• Alaska Stat. § 45.50.537 (Attorney's fees)
• Alaska Stat. § 22.10.030 (Superior Court jurisdiction)
• State v. Native Village of Tanana, 249 P.3d 734 (Alaska 2011)
• Sopcak v. Northern Mountain Helicopter Service, 924 P.2d 1006 (Alaska 1996)
• Alaska Trademark Shellfish, LLC v. State Dep't of Fish & Game, 91 P.3d 953 (Alaska 2004)

This template is for informational purposes only and does not constitute legal advice. Alaska class action complaints require specialized expertise and should be prepared with the assistance of experienced Alaska class action and UTPCPA counsel.