Arizona State Court Class Action Complaint

CLASS ACTION COMPLAINT

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]

Judge: [________________________________]

CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL

(Tier [____] — Ariz. R. Civ. P. 26.2)

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 Plaintiff's own conduct and upon information and belief as to all other matters, as follows:

I. NATURE OF THE ACTION

1. This is a class action brought on behalf of [________________________________] [describe the proposed class] who were harmed by Defendant's [________________________________] [describe the unlawful conduct].

2. Defendant engaged in deceptive acts and unfair practices in the conduct of trade or commerce in Arizona, in violation of the Arizona Consumer Fraud Act ("ACFA"), Ariz. Rev. Stat. §§ 44-1521 to 44-1534, and applicable common law.

3. Plaintiff seeks, on behalf of Plaintiff and the proposed Class: (a) actual damages; (b) restitution and disgorgement; (c) declaratory and injunctive relief; (d) pre- and post-judgment interest; (e) attorneys' fees and costs as permitted by law; and (f) such other relief as the Court deems just.

II. JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction pursuant to Article 6, Section 14 of the Arizona Constitution and Ariz. Rev. Stat. § 12-123, as the Superior Court is a court of general jurisdiction empowered to adjudicate the claims asserted herein. The amount in controversy, exclusive of interest and costs, exceeds the jurisdictional minimum.

5. This Court has personal jurisdiction over Defendant because:

☐ Defendant is incorporated, organized, or has its principal place of business in Arizona;
☐ Defendant regularly transacts business in Arizona;
☐ Defendant committed tortious acts and omissions in Arizona giving rise to the claims;
☐ Defendant purposefully directed conduct toward Arizona residents and the State of Arizona;
☐ Other: [________________________________].

6. Venue is proper in [________________________________] County pursuant to Ariz. Rev. Stat. § 12-401 because:

☐ Defendant resides or has its principal place of business in this County (§ 12-401(1));
☐ A material part of the cause of action arose in this County (§ 12-401(5));
☐ Defendant is a foreign corporation doing business in this County (§ 12-401(17), (18));
☐ Plaintiff resides in this County and the action falls within an applicable exception;
☐ Other: [________________________________].

III. PARTIES

A. Plaintiff

7. Plaintiff [________________________________] is an individual who, at all relevant times, resided in [________________________________] County, Arizona.

8. Plaintiff [describe Plaintiff's connection to the claims, e.g., purchased Defendant's product, paid Defendant's fee, received Defendant's service] on or about [__/__/____].

B. Defendant

9. Defendant [________________________________] is a [corporation/limited liability company/partnership] organized under the laws of the State of [________________________________], with its principal place of business at [________________________________]. Defendant is authorized to and does conduct business in Arizona.

10. At all relevant times, Defendant was engaged in [describe Defendant's business and the conduct at issue].

IV. FACTUAL ALLEGATIONS

A. Background

11. [________________________________]

12. [________________________________]

B. Defendant's Unlawful Conduct

13. Defendant engaged in a uniform course of conduct directed at Plaintiff and Class members, consisting of [________________________________].

14. Defendant made the following material misrepresentations and/or omissions in connection with the sale or advertisement of [merchandise/services] to Arizona consumers:

a. [________________________________];

b. [________________________________];

c. [________________________________].

15. Defendant intended that Plaintiff and Class members would rely on the misrepresentations and/or omissions described above.

C. Plaintiff's Experience

16. On or about [__/__/____], Plaintiff [________________________________].

17. Plaintiff relied on Defendant's representations and/or was deceived by Defendant's omissions, and would not have [purchased/paid/contracted] but for Defendant's deceptive conduct.

18. As a direct and proximate result of Defendant's conduct, Plaintiff suffered actual damages in the amount of [________________________________].

D. Harm to Class Members

19. Plaintiff and all members of the proposed Class suffered the same type of harm flowing from the same uniform conduct of Defendant.

20. [________________________________]

V. CLASS ACTION ALLEGATIONS

21. Plaintiff brings this action on behalf of Plaintiff and all others similarly situated pursuant to Ariz. R. Civ. P. 23(a), 23(b)(2), and 23(b)(3), and in the alternative under Rule 23(b)(1).

A. Class Definition

22. The proposed Class is defined as:

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

23. Excluded from the Class are: (a) Defendant, its parents, subsidiaries, affiliates, officers, directors, employees, and legal representatives; (b) the judicial officers assigned to this case and members of their immediate families and staff; (c) any persons who timely opt out; and (d) [________________________________].

B. Numerosity — Rule 23(a)(1)

24. The members of the Class are so numerous that joinder of all members is impracticable. On information and belief, the Class numbers in the [hundreds/thousands/tens of thousands].

25. The precise number and identities of Class members are ascertainable from Defendant's records, including [transaction records, customer databases, billing systems].

C. Commonality — Rule 23(a)(2)

26. There are questions of law and fact common to the Class, including:

a. Whether Defendant engaged in the conduct alleged;

b. Whether Defendant's conduct constitutes a "deceptive act or practice" or "unfair act or practice" under Ariz. Rev. Stat. § 44-1522;

c. Whether Defendant's conduct was in connection with the sale or advertisement of merchandise within the meaning of the ACFA;

d. Whether Defendant acted with the requisite intent under § 44-1522;

e. Whether Plaintiff and Class members suffered injury and damages;

f. The proper measure of damages, restitution, and injunctive relief.

D. Typicality — Rule 23(a)(3)

27. Plaintiff's claims are typical of the claims of the Class because Plaintiff and all Class members were injured by the same uniform conduct of Defendant and assert the same legal theories.

28. Plaintiff has no defenses unique to Plaintiff that would distinguish Plaintiff's claims from those of the Class.

E. Adequacy — Rule 23(a)(4)

29. Plaintiff will fairly and adequately protect the interests of the Class. Plaintiff's interests are aligned with — and not antagonistic to — those of the Class.

30. Plaintiff has retained counsel competent and experienced in complex class action litigation. Proposed Class Counsel satisfies the standards of Ariz. R. Civ. P. 23(g).

F. Predominance and Superiority — Rule 23(b)(3)

31. Common questions of law and fact predominate over any questions affecting only individual Class members. See ESI Ergonomic Solutions, LLC v. United Artists Theatre Circuit, Inc., 203 Ariz. 94, 50 P.3d 844 (App. 2002); Lennar Corp. v. Transamerica Ins. Co., 227 Ariz. 238 (App. 2011).

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

a. Individual Class members' damages are modest relative to the burden of individual litigation;

b. The prosecution of separate actions would create the risk of inconsistent or varying adjudications;

c. Concentrating the litigation in this forum promotes efficiency and consistency; and

d. There are no unusual manageability concerns that would render class treatment unsuitable.

G. Rule 23(b)(1) and (b)(2) Allegations

33. Certification is alternatively appropriate under Rule 23(b)(1) because separate actions would risk inconsistent adjudications establishing incompatible standards for Defendant or would, as a practical matter, impair non-party Class members' ability to protect their interests.

34. Certification is appropriate under Rule 23(b)(2) because Defendant has acted on grounds that apply generally to the Class, making final declaratory and injunctive relief appropriate with respect to the Class as a whole.

VI. CLAIMS FOR RELIEF

COUNT I — Violation of the Arizona Consumer Fraud Act

Ariz. Rev. Stat. §§ 44-1521 to 44-1534

(On Behalf of Plaintiff and the Class)

35. Plaintiff incorporates by reference all preceding paragraphs.

36. The Arizona Consumer Fraud Act prohibits "[t]he act, use or employment by any person of any deception, deceptive or unfair act or practice, fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission of any material fact with intent that others rely on such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise." Ariz. Rev. Stat. § 44-1522(A).

37. Defendant is a "person" and the conduct at issue involved the "sale or advertisement of merchandise" within the meaning of the ACFA.

38. Defendant engaged in deceptive and unfair acts and practices by [________________________________].

39. Defendant made the misrepresentations and/or omissions with intent that Plaintiff and Class members would rely on them.

40. Plaintiff and Class members did in fact rely on Defendant's misrepresentations and/or omissions, and that reliance proximately caused them actual damages.

41. As a direct and proximate result, Plaintiff and Class members are entitled to actual damages, punitive damages where warranted, restitution, declaratory and injunctive relief, and pre- and post-judgment interest.

COUNT II — Common Law Fraud / Fraudulent Misrepresentation

(On Behalf of Plaintiff and the Class)

42. Plaintiff incorporates by reference all preceding paragraphs.

43. Defendant made material false representations to Plaintiff and Class members.

44. Defendant knew the representations were false, or made them with reckless disregard for the truth.

45. Defendant intended that Plaintiff and Class members would rely on the representations.

46. Plaintiff and Class members justifiably relied to their detriment.

47. As a direct and proximate result, Plaintiff and Class members suffered damages in an amount to be proven at trial. See Restatement (Second) of Torts § 525.

COUNT III — Unjust Enrichment

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

48. Plaintiff incorporates by reference all preceding paragraphs.

49. Plaintiff and Class members conferred a benefit on Defendant in the form of [payments/premiums/fees].

50. Defendant retained the benefit under circumstances that make it inequitable for Defendant to retain it without restitution.

51. Plaintiff and Class members are entitled to restitution and disgorgement of all amounts unjustly retained by Defendant.

COUNT IV — Declaratory and Injunctive Relief

(On Behalf of Plaintiff and the Class)

52. Plaintiff incorporates by reference all preceding paragraphs.

53. An actual and justiciable controversy exists between Plaintiff and the Class on the one hand, and Defendant on the other, regarding [________________________________].

54. Plaintiff seeks a declaration pursuant to Ariz. Rev. Stat. §§ 12-1831 et seq. (Uniform Declaratory Judgments Act) that Defendant's conduct violates the ACFA and other applicable law, and injunctive relief enjoining Defendant from continuing the unlawful conduct.

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff, on behalf of Plaintiff and the proposed Class, respectfully requests that the Court:

A. Certify this action as a class action pursuant to Ariz. R. Civ. P. 23, appoint Plaintiff as Class Representative, and appoint undersigned counsel as Class Counsel under Ariz. R. Civ. P. 23(g);

B. Direct notice to the Class under Ariz. R. Civ. P. 23(c)(2);

C. Award Plaintiff and the Class actual damages in an amount to be proven at trial;

D. Award restitution and disgorgement of all profits and benefits unjustly obtained by Defendant;

E. Award punitive damages where supported by clear and convincing evidence;

F. Enter declaratory and injunctive relief enjoining Defendant from continuing the unlawful conduct;

G. Award pre-judgment and post-judgment interest as permitted by law;

H. Award reasonable attorneys' fees and costs as permitted by Ariz. Rev. Stat. §§ 12-341, 12-341.01, and the common-fund doctrine; and

I. Grant such other and further relief as the Court deems just and proper.

VIII. DEMAND FOR JURY TRIAL

Plaintiff, on behalf of Plaintiff and the Class, demands a trial by jury on all issues so triable, pursuant to Ariz. Const. art. 2, § 23 and Ariz. R. Civ. P. 38.

DATED: [__/__/____]

Respectfully submitted,

[FIRM NAME]

By: [________________________________]
[Attorney Name], Esq.
Arizona State Bar No. [____________]
[Firm Name]
[Street Address]
[City], Arizona [ZIP]
Telephone: [____________]
Email: [____________]

Attorneys for Plaintiff and the Proposed Class

VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of Arizona that I have read the foregoing Class Action Complaint and that the factual allegations therein concerning my personal experience are true and correct to the best of my knowledge.

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

[________________________________]
Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing CLASS ACTION COMPLAINT was filed with the Clerk of the Superior Court using the AZTurboCourt electronic filing system, and that service of process will be effected pursuant to Ariz. R. Civ. P. 4 and 4.1/4.2.

[________________________________]
[Attorney Name]

Sources and References

• Ariz. R. Civ. P. 23 (Class Actions) (eff. Jan. 1, 2025)
• Ariz. R. Civ. P. 26.2 (Tier Assignment)
• Ariz. Rev. Stat. §§ 44-1521 to 44-1534 (Arizona Consumer Fraud Act)
• Ariz. Rev. Stat. § 12-541(5) (one-year limitation on liability created by statute)
• Ariz. Rev. Stat. § 12-401 (Venue)
• Sullivan v. Pulte Home Corp., 232 Ariz. 344, 306 P.3d 1 (2013)
• Sellinger v. Freeway Mobile Home Sales, Inc., 110 Ariz. 573 (1974) (private right of action)
• Alaface v. National Inv. Co., 181 Ariz. 586 (App. 1994) (one-year SOL)
• Lennar Corp. v. Transamerica Ins. Co., 227 Ariz. 238 (App. 2011) (certification)
• ESI Ergonomic Solutions, LLC v. United Artists Theatre Circuit, Inc., 203 Ariz. 94, 50 P.3d 844 (App. 2002) (predominance)

This template is provided for informational purposes only and does not constitute legal advice. Arizona class action litigation requires specialized expertise; ACFA claims in particular are subject to a one-year statute of limitations and demand prompt action.