Parino v. Bidrack, Inc.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS AND VACATING HEARING

WILLIAM ALSUP, District Judge.

INTRODUCTION

In this purported class action for fraudulent and deceptive advertising, defendant BidRack, Inc. moves to dismiss the action pursuant to FRCP 12(b)(6). For the reasons stated below, the motion is Granted in Part and Denied in Part.

STATEMENT

The operative complaint alleges the following facts. Defendant BidRack, Inc., owns and operates www.bidrack.com, an online “penny auction” site where bidders purchase and place bids in hopes of winning auctions for valuable…