SACRAMENTO, Calif. (Legal Newsline) – A California man alleges that he preordered ear buds and that the product was never delivered.

Wilfredo Cruz Jr., individually and on behalf of other members of the general public similarly situated, filed a complaint on Nov. 1 in the U.S. District Court for the Eastern District of California against Kanoa Inc., Cival Barten van der Lubbe, and Does 1-50, inclusive for alleged violation of Unfair Competition Law and Consumer Legal Remedies Act.

According to the complaint, Cruz alleges that on Feb. 8, 2016, he purchased ear buds from the defendants through their website for $149.43. 

Plaintiff claims that according to the receipt, the product would arrive in April 2016. Around August 2017, Defendants allegedly informed plaintiff and others similarly situated through a statement on its website that development of the class products ceased and they will not refund any monies to whomever purchased the class products through pre-order. 

The plaintiff holds the defendants for allegedly misleading consumers by making misrepresentations and untrue statements about the class products and advertised and sold a product they had no intention to sell or develop.

The plaintiff requests a trial by jury and seeks award for actual, punitive and statutory damages; attorneys' fees; costs; pre- and post-judgment interest; and all other relief may be justly entitled as deemed by the court. He is represented by Todd M. Friedman and Adrian R. Bacon of Law Offices of Todd M. Friedman PC in Beverly Hills, California.

U.S. District Court for the Eastern District of California case number 1:17-cv-01476-DAD-JLT

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