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Keywords

contractplaintiffmotionmotion to dismiss

motionmotion to dismiss

Related Cases

T. K. v. Adobe Systems Incorporated, Not Reported in Fed. Supp., 2018 WL 4003313

Facts

T.K., a minor from Puerto Rico, received a one-year subscription to Adobe's Creative Cloud Platform as a gift. She was required to create an account and provide her debit card information. After receiving an unsolicited email about the subscription renewal, T.K. was charged for the renewal despite attempting to disaffirm the agreement through her parent. Although Adobe refunded some charges, T.K. claimed injury due to the denial of her ability to disaffirm the contract, alleging that Adobe's practices misinformed users about their rights under California law.

T.K., a minor and citizen of Puerto Rico, received as a gift a one-year subscription to access ACCP. … T.K. alleges that by refusing to initially refund both of T.K.’s monthly payments, Adobe refused to allow T.K. to disaffirm the automatically renewed agreement.

Issue

Did T.K. have standing to seek injunctive relief against Adobe for its practices regarding subscriptions sold to minors?

Rule

To establish standing for injunctive relief, a plaintiff must demonstrate an actual and imminent threat of injury, not merely a conjectural or hypothetical one.

To demonstrate constitutional standing for “injunctive relief, which is a prospective remedy, the threat of injury must be ‘actual and imminent, not conjectural or hypothetical.’”

Analysis

The court found that T.K. did not allege any intention to purchase another subscription to the ACCP in the future, and her claims of potential future injury were deemed too speculative. The court emphasized that mere possibilities of future harm do not suffice to establish standing for injunctive relief, as the threat of injury must be certainly impending.

The Court agrees with Adobe that T.K. has failed to allege the “real and immediate threat of repeated injury” necessary to demonstrate Article III standing to seek injunctive relief. … T.K. does not allege any actual intention or plan to purchase ACCP again in the future.

Conclusion

The court granted Adobe's motion to dismiss T.K.'s claims for injunctive relief with prejudice, concluding that T.K. failed to cure the standing deficiencies identified in the previous order.

For the foregoing reasons, Adobe's motion to dismiss the claims for injunctive relief in T.K.’s SAC is GRANTED with prejudice.

Who won?

Adobe Systems Inc. prevailed in the case because the court found that T.K. lacked standing to pursue her claims for injunctive relief.

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