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Case 1:18-cv-21082-KMW Document 1-1 Entered on FLSD Docket 03/21/2018 Page 1 of 53Filing # 68003440 E-Filed 02ll52Al8 10:58:36 AMCIRCUIT COURT OF TFIEELEVENTH JTJDICIAL CIRCUTT IN ANDIN THEFOR MIAMI-DADE COUNTY, FLORIDACIRCUIT CIVL DIVISIONcASENo.z0/*q 7// 1A OlA&E ADVENTURES LLC, a Florida limitedliabitity company, and M&A GROUP, LLC,aFlorida limited liability company'Plaintiffs.CLASS REPRESENTATIONv.ORACLE AMERICA, NC., a Delawarecorporation,Defendant.plaintlffs, A&E ADVENTURES LLC; a Florida limited liability company ("A&E'), and'?laintiffs"),M&A GROUP, LLC, aFlorida limited liability company ('M&A") (collectively, thefile this Class Action Complaint on behalf ofthemselves anda similarly situated individualspursuant to Rule 1.220,F1a. R. Civ. P., against Defendant, ORACLE AMERICA,INC"a Delawarecorporation ("Oracle"), and allege:Jurisdiction. Parties. and Venue1.( 15'000'00)'This is an action for damages in excess of Fifteen Thousand Dollarswhich ttris Court has jurisdiction pursuant toexclusive of interest, attomeys' fees, and costs, overFla. Stat. S26.An.2.is inA&E is a Florida limited liability company whose principal place of businessBroward CountY, Florida.
Case 1:18-cv-21082-KMW Document 1-1 Entered on FLSD Docket 03/21/2018 Page 2 of 533.M&A is a Florida limited liability company whose principal place of business is inBroward County, Florida.4.is in RedwoodOracle is a Delaware corporation whose principal place of businessShores, Califomia, and who maintains an agent or other representativein Miami-Dade County,Florida.5.has an agent orVenue is proper in Mami-Dade County, Florida because Oracleother representatiYe in said county.General Allesations6.Systems, Inc. ("Micro6"),On or about September 8, 2014, Oracle acquired Micros3700 Point-of-Sale system (the "RESthe manufacturer of the Restaurant Enterprise Solution3700').7.of food and beverage orders andThe RES 3700--whose uses include the processingsystems in the food' beverage' andpayments-is among the most widely-used point-of-salehospitality industrY rposefullyandknowinglyengagedinaownersdeliberate and purposefur scheme to forceupgrade (atasubstantial cost)to oracle'sof ttre REs 3700 to abandon that system andsystemsubscription-based Simphony Point-of-Sale("SimphonY").g.oracle has: (1) failed and refusedAs discussed below, in furtherance of that scheme,t{ES 3700; (2) taken "Red Keyt''to provide adequate support to operators of ttreto the RES 3700's softwarecontaining license code enabling upgrades- usB drives- from users' therebycredit3700 systems; (3) failed to provide support forpreventing them from upgrading their RES( nown as "EMV"' which standS for Europay'and debit cards containing computer chips
Case 1:18-cv-21082-KMW Document 1-1 Entered on FLSD Docket 03/21/2018 Page 3 of 53Mastecard, Visa), the new global standard in payment security; (4) refused to acknowledge the(5)validity of licenses for RES 3700 softrrare purchased from and delivered by Micros/Oracle; andprevented operators of the RES 3700 from obtaining necessary support from third parties.10.Oracle has deceptively held itself out as providing support for the RES 3700 when,in fact" it was engaged ina deiiberate scheme to deprive the ownersof those systerns with adequatesupport in order to force tfrem to upgrade to Simphony'Atleeaf ons SDecific to.PtaintiffsA.Ptaintiffs, Acquisition and Deplovment of RES 37fi) Svstems11.Plaintiffs own and operate, among other businesses, a numberof familyentertainment centers in Florida.12.(the.Systems',).In early 2010, Plaintiffs acquired five (5) RES 3700 systems13.into those certain salesOn or about April 23, 2A!0, A&E and Micros enteredA&E's Miami, Frorida center and one (1) of theconffacts to deploy one (1) of the systems atSystems at A&E',s Tampa, Florida center.attached as Composite Exhibit14.A ffue and conect copy of the sales contractsare"A'"The Sales Contracts provide in relevant part:Upon payment infull of allgrants tosums due under this Sales contract' ethesoftwareidentifiedontheSales Contract ' ' ' 'httt pug" of ttris15.At thepurchased a.'RedsuggestionKey''-aPlaintiffsof Mictos's agents, for each of their five (5) Systems'to the System'suSB drive containing license code enabling upgradessoftware.16.Subsequent toplaintiffs' acquisition of these "Red Keys," A&E engaged Micros toSystems'upgrades on A&E's Miami and Tampaperforrn various and regular necessary softwarewhich Micros performed using said "Red Keys"'
Case 1:18-cv-21082-KMW Document 1-1 Entered on FLSD Docket 03/21/2018 Page 4 of 53B.Oracle's Acquisition of Microst7.toOn or about September 8, 2014, Orucle acquired Micros, and thereby succeededMicros's rights and obligations under the Sales Conffacts'C.Oracle's Defrcient Deplovment of Fort Mvers Svstem1g.the five (5)On or about Octob er 9,2015, M&A engaged Oracle to deploy one ofconect copy of which attachedsystems at its Fort Myers, Florida center. (See Invoice, a true andasExhibit "B.") g.the Fort MyersThe services provided by oracle were deficient, however, aSthat time'system's software has malfunctioned continuously since2A.ttre FortM&A notified Oracle of these malfunctions immediately afterMyersSystem's dePloYment:2t.on or aboutDecemb erg,2015,M&A engaged oracle, pursuant to the terms of thatcopy of which is attached as Exhibitcertain Executable euote (a true and conect"c'),to remedydeproyed Fort Myers System.the software marfunctions affecting the ros,theoracleExecutableQuote Provides in relevant er ttris order . . . .devetbped uv oracre and detvered to You23.of service it claimed to have performed onoracle billed M&A for sixteen (16) hoursDecember 2015 and Januarythe Fort Myers system's software betweenExhibitas Exhibltand conect copy of which is attached24.2016'(See Invoice' a ffue"L'"')"D"')as the Fort Myers system's softwareThose services, however, were also deficien!subsequently contrnued malfunctioning'
Case 1:18-cv-21082-KMW Document 1-1 Entered on FLSD Docket 03/21/2018 Page 5 of 53D.Oracle's Unsrade of Miami and Tampa SYst m Software25.theDuring the summer of.20l6,A&E engaged Oracle to perfonn software upgrades onMiami and TamPa SYstems.26.Oracle performed those software upgrades and billedA&E for nineteen (19)hours(See Invoices,of service it claimed to have perfonned on each of the Miami and Tampa Systems.t'ue and conect copies of which are attached as Composite gedoracle,pursuanttothetermsofthatwhich is attached as Exhibitcertain ordering Documen (a true and conect copy of"F'), to repatrand de-bug the Fort Myers System's software'2g.Myers System's softwareNot only did Oracle's technicians fail to conect the Fortthe System to crash, resulting in M&A's totalmalfunctions, the work oracle performed causedMyers center the weekend of March 25'inabitty to complete any transactions at its venuebyM&A.29.able to get the Fort Myers systemAlthough oracle technicians were subsequentlyto thisSystem's software malfunctions' which continueoperational, they were unable to remedy theday.30,to remedy its defective workDespite demand, Oracle has failed and refusedperformed on the Fort Myers System's software'f,'.31.to perform the work necessary toDissatisfied with Oracle's failure and refusalhave attemptedSystem's software mall[unctions' Plaintiffscorrect ttre Oracle-deployed Fort Myers
Case 1:18-cv-21082-KMW Document 1-1 Entered on FLSD Docket 03/21/2018 Page 6 of 53to engage third-party Postec, Inc. ("Postec") to repair the Fort Myers System's software, and todeploy Plaintiffs' remaining two (2) unused Systems at new locations.j2.mustfintPostec has advised Plaintiffs that,in order to perfomr any work on the Systems, itreceive confirmation from Oracle that Plaintiffs have valid licensesfor ttre Systems'software.33.granted byOracle, however, has advised Plaintiffs ttrat-despite the express licenses"Red Keys"ttre Micros Sales Contracts, despite Plaintiffs purchasing, at Micros' suggestion,having performed (and Plaintiffscontaining software license code, and despite Micros and oracleFort Myers Systems'having paid for) upgrades and repairs of the Miami, Tampa, andsoftware-itsoftware'is oracle,s position that Plaintiffs lack valid licenses for the Systems'System's softwareAs a consequence of oracle failing to repair the Fort Myers34.services ftomA&E had paid for, and preventing Plaintiffs from obtaining thoseasPostec, Plaintiffsresulting in ongoing losses to that business'cannot make reliable use of the Fort Myers ngthird-partyPostec'oraclehasalsomadepayments with their Systems' andit impossible for Plaintiffs to properly process EMV cardttrereby compryconsequencewith the payment card Indusfiy Data Security standardc"cl Dss").Asapcl DSS, plaintiffs now automatically lose allof plaintiffs, non-compliance withof thousands of dollars of lost revenuo'credit card disputes, which has resulted in tens36,a third-party system that acceptsAlthough A&E has deployed at its Miami centerMicros payment module consistentlyEMV cards, the interface between ttrat system and ttrewi*rbe lost in ffansmission and never to be found,malfunctions, causing credit card payments topayments'corresponding losses to A&E for those lost
Case 1:18-cv-21082-KMW Document 1-1 Entered on FLSD Docket 03/21/2018 Page 7 of 5337.Moreovgr, Oracle's confiscationof Plaintiffs'"Red Keys," and its refusal toPlaintiffsacknowledge the validity of the plaintiffs' Systems' software licenses has also preventedfrom deploying the two (2) unused Systems at new locations'3g.purchaseUnable to deploy these two (2) Systems, Plaintiffs have been required tonew point-of-sale systems, at significant expense, for those locations.39.All conditions precedent, if any, to the commencement of this action haveeitheroccwed or been performed, waived, or excused'40.plaintiffs have retained the undersigned counsel to prosecute this action, for whichfee for ttreir services'they have agreed to pay said counsel a reasonable41.possession andplaintiffs state that all relevant agreements not attached hereto are in oracle'swillthrough discovery'be made part of the pleadings once obtained42.41 as if fully set forttr herein'Plaintiffs repeat and reallege Paragraphs I through43.Valid contracts-Documentttre Executable Quote and ordering-exist rtainsoftwareservices,namelytherepair of its malfunctioning software'deployment of the Fort Myers System nsofarastheyfailedtoeithermalf-unctions'propeily deploy that System or remedy its heExecutableQuoteandorderingm these deficient services'Document, Oracle is obligated to ngandrefusingtore.performthereasonable steps to conect ttrese malfunctions'services or take other commerciallyM&A has sustained damages in thedirect and proximate result of that sbusinesslosses'
Case 1:18-cv-21082-KMW Document 1-1 Entered on FLSD Docket 03/21/2018 Page 8 of 5348.preventedBecause Oracle hasM&A fromnot only failed to correct the malfunctions, but hasalsoinstead obtaining repair services from Postec, money damages from Oracleare inadequate to remedy the foregoing breach.49.M&Atherefore respectfully requests that this Court enter either:(i) an order ofto repair the Fortspecific performance requiring Oracle to take commercially reasonable stepspermit and pay for such repair servicesMyers System's software; or (ii) an order requiring Oracle toto be performed by Postec or other qualified servicer'50.Absent the requested order,M&A willsustain ineparable harm by not being able toreliably use or obtain repairs to its Fort Myers System'requests that this Court enterWHEREFORE, plaintiff, M&A GROUP, LLC, respecfullyINC" for specific performancejudgment in its favor and against Defendant' ORACLE AMERICA'deemssuch other and furttrer relief which this Courtor damages, interest, attorneys' fees, costs, andjust and Proper.1ttfough 41 as if fullyset forttr herein'51.plaintiffs repeat and reallege Paragraphs52.plaintiffs have attempted to engage Postec to53.expectancy between Plaintiffs andoracle knows of the business relationship orperfo work on the systems'Postec.54.Specifically, oracle knows thatPlainffiare attempting to obtain from PostecSystems'services essential to the oPeration of the55.wittr the relationship or expectancyoracle, however, has intentionally ftwarebetween Plaintiffs and Postec by refusin;licenses.
Case 1:18-cv-21082-KMW Document 1-1 Entered on FLSD Docket 03/21/2018 Page 9 of 5356.As a proximate result of the foregoing interference by Oracle, Plaintiffs are unable toengage Postec's services, and are thus unable to use and maintain the Systems, which hasproximately caused57.in tumPlainti s to sustain damages.Such damages include lost profits, which losses were reasonably foreseeable byOracle.WHEREFORE, Plaintiffs, A&E ADVENTTIRES LLC and M&A GROUP, LLC,respecfirlly request that ttris Court enter judgment in ttreir favor and against Defendant, ORACLEfurttrer reliefAMERICA, NC., for damages, interest, attorneys' fees, costs, and such other andwhich ttris Court deems just and proper.through 41 as if fully set forth herein'5g.plaintiffs repeat and reallege Paragraphs59.plainffis have valid licenses to the Systems' sofhvare by virtue of the1Salesand oracle's installation ofconfiacts, Plaintiffs' purchase of 'Red Keys" at Micros's suggestion,upgrades to the Systems' software.60.Systems', softwareoracle, however, refuses to acknowledge the validity of thelicenses6L.Because postec requires such ac}nowledgmentin order to perform service on theacknowledgment' Plaintiffs are unable tosystems, software, and oracle refuses to provide suchobtain essential support for their Systems'62.plaintiffs and Oracle thus have an actual, presenl adverse and antagonistic interest inwhetherPlaintiffs have valid licenses for the Systems' software.
Case 1:18-cv-21082-KMW Document 1-1 Entered on FLSD Docket 03/21/2018 Page 10 of 5363.Because Plaintiffs are unable to obtain services from Postec ttrat are essential to theuse and maintenance of ttre Systems, there is a bona fide, actual, present practical need for adeclaration as to the validrty of the Systems' software licenses.64.set of factsThe declaration sought deals wittr a present ascertained or ascertainable-Plaintiffs and Oracle'the tenns of the agreements and course of dealing benveen65.ttre law applicableThe validity of the Systems' software licenses is dependent uponto those facts.66.cour,t by proper process, andThe antagonistic and adverse interests are all before theadvice by the courts or the answer to questionsthe relief sought is not merery the giving of regalpropounded from curiositY.WHEREFORE; Plaintiffs,A&EADVEf'ITURESLLC and M&A GROUP' LLC'and against Defendant, ORACLEthat this court enter judgment in their favortogetherpossess valid licensqs for the Systems' sofhrare'AMERICA, INC., declaring that Plaintiffsrelief which this court deems just and proper'with attorneys, fees, costs, and such other and furtherClass Representation Allegations67.6g.10 as if fully set forttr herein'Plaintiffs repeat and reallege Paragraphs 6 throughhave experiencedplaintiffs are not unique in the aforementioned difficulties theyall operators of the RES 3700'with oracre, which are instead common ingtheirdrfficultieswithWeb' Some examples:Oracle are replete on ttre World Wide- "THE WORST CUSTOMERsERvIcE EVER.DEr(vruE'EYLir\'."' : ilo EGnucreris--*.T*J:go *lXH HoF A .MPANY'"bornpeNv I CANT BELIEVE TryY {rnB rms. r.LARGEn n,\Dara Maleki, CEO of RMS Franchise GrouPtt was good tbreach .1its appalling. . . . I think selling to oraclewas Micros but since or;J; tougtrtitrem10
Case 1:18-cv-21082-KMW Document 1-1 Entered on FLSD Docket 03/21/2018 Page 11 of 53has reduced the customer focus. . . . They are very slow to respond and about as farfrom being customer cenfiic as possible. Pity as I say I was quite happy withIMicros and have another lrcation coming up next year. Having spoken to otherPOS companies I am now considering changing all my systems." (Id')Frank Lyons, President of Contav, LLC - "Oracle Hospitality is an Abomination!! . . There-is absolutely nottring good to say about Oracle Hospitality. -I h1e no.ideahow they are still inbusiness and why they haven't been sued out of existence! . . .Why hain't anyone filed a class action suit against Oracle to recover our losses?"(rd.)c.Frank Staiger, President of Fraser River Lodg e . "\nf!-ry is Oracle-Micros still inTenible customer service. Getting the runaround for 3 weeks'business? . . HeadachesNobody'seems to be responsible for anything. Running in circles. . .how they aresureNot*iftr p6.ntps the most diiorganized company ever dealt wi to artiff iir bus'iness. We will Ui tetting our equipment from Micros go and swirchprovider wittr customer service." fld.)d.of the Pearl Asian Kitchen - "No live support. . No software,opport. lNo service. No knowledqgable people .working for tfre iom.pany:old' eurcnle!nralmented help. . .l ' My 3700 l{[cros ii.teis than a.ye1rRose Wong, ownerand software support' Notmaintenance conffact and was ASSURED it has hardwarelty" with for months with nothat I hadffiJof programming glilchesPf'oi months-t had email communications wittr a conffact renewalabout getting,rt", p"rron tttr" same person who sold me the first confiact) efrormessagedrive'soFTwARE support help/ contact. Now there is a'fatalhardt4:.Tcompany ried !o install a terminal ltgt:liqto do so.I ftied again and [sic]cards since Mcros still doei'not have the technologyt9 submit a billable ticket'ha.again technicat support saidjhey can help but they-tperson for he with qettine sofryareThis is a software problem. nact to same salesnot workedemail from her saying my same contract that hasit should work'and that has not expired was'activatid'-and'ryneyed'andback andI cannot believe *traif was reading. lhis is months of communications2 contracts with tty sameforth about NO SOF WARE HELP. To date I paid forstill have a piece ofthardwaretuttechnical supqo-rt'r*U"t",it" rp.rin;trtU have all kinds of glitches noequipment ttrat cannoi accept chip card reader.on. i.t* to know why. . . - Buyer beware!" (Id')l\11 kindstefp from s is a tenible company' Each time I call.tech support' the p*pr. tt the other end literally read out,of the manual I have' Iknows whatnever do.ptace requests tor caffJiact theV qlgmlse to call and.Nobodythey.askcallI'Ui"Vareioing. S**- lik u t*uU jenky call center. And each timeso there afe no notes kept on theirthe same questions about my busineis *q 1.o*tsystem tohelp ttreir paying customers"' (Id')Stephanie Koyama, the silverspulUse another platrorm' TheEd Griffith, Courtyard Maniott - "Honible service!!! ' ' 'Support communicates poorlyservice for theirpOs products is worse than honible.11
Case 1:18-cv-21082-KMW Document 1-1 Entered on FLSD Docket 03/21/2018 Page 12 of 53and failed to communicate with customers. Have NEVER had a positive experiencewith Oracle since they assumed Micros POS support."Aaron Mackee, Senior Hospitality Analyst "I curently have over 300 POSworkstations deployed across-multiple Micros plaforms includifg Simnhgny-1I *dRes 3700, as well as a number of hotels running Opera PMS. Dealing with Microstosince ttre [O]racle takeover is the most painful customer service I have.ever fadtoprocessisbrokensalesTheirdeal with in 20 years in the hospitality industry.supporttheirthe point where it is almost imnosli bf9 to get a timetry guote, and,r*ir", are beyond useless. I would liJerally :i9r"Pt:9.going with ANY otherprovider beforahaving to deal with Oracle Hospitality"' (Td')-h.oj"sin1eJustin McGranahan, AP/IT Manager of Boone Tavern.ttre nyc{rypar-thatJ d9n'tMi.ro, by oracle, thesupport standqds have gone so farbeyond subjustgetclosed whentickeBtheeven receive phone calft na* about issues t caU in,which issitertut" tttut they have left messages with theOracle feels like it.routed directly to me) plus {Y,p!on? number an!false as all technical .uil,to contact*" on every piece of documentation and yet they can't find the timergcgrdskeplof a new terminal,I"*.ifme before closing the case. During the installationt!9ir slaff submitted did notof the times that were worked, and yet the times thatthe;;rktd ,t";, *a they refused to adjust the issue rooneshowsimplyproduct, buy a differentcorrect times. If you are thinking of buying thisdue [sic] to the suPPort." (Id')ffifil;*.,h;ffitook over Micros Hospitality weIamar Mendes, Menin Hotels - "Ever since Oracleintegral part of oursupporfil.rshave had ausotutery trorriut. experiencesTlocations and pay overt"r1r.". 1,. add sh"ame to ttre entire experienii we have 11 of tn" fine service' and I have never felt more 125,000 a year:"ro i" ft "" tttig tophas fieated us' Excessive delays' grossinsulted by the wa)i a support deparfinent(Id')i"u'6'ity toreceive promised call cluding conversations with Oracle salesattempts to try to;rdtht; tystem work,ineffective in solving any of ttreirteam and support. They have beel.completetycompleted'our.opinion, out insuuation has never beensystems snort comintt,inaccrlfe reports 1Sn!fr91 tleWe were teft with tttJayJ*"tionat equipmenl PdutgtryTg' If we rawill notrestaurail s tsicjrestrauranrs[s1( neJt.- wtn"iu pos system that is able to handle) our(Id')POS system to anyone at tttis time"'ta.*.**t"ittrist.- "I am the generalEm B, General Manager of TnnJapanese 9il1a 20,000 system through Microsmanager or u ,Jtuir*i who p'qrchased11l*:H .MicroswasFABtjLoUSjustdracte look ovir'IF I had anv proplegs oruntil oracte uoogniii.i%"rfromJmost.*-*"t r{ g:t.u prosrymmer or technician-ptto*canleOraclethenand they atways hid the answers"'butlocal office on ;t2,yrt*issues that stayed unresolved becauseI
Case 1:18-cv-21082-KMW Document 1-1 Entered on FLSD Docket 03/21/2018 Page 13 of 53was rarely ever contacted back by a service technician an{.yhen I was they madewayttre problem worse, once even knocking my ertire system off-line.it stayedwasit.Hefixtofor an entire weekend until a tech from ttre local office was sent outone of the original people who installed my system and had the issue fixed within 15minutes tfrantfuUy. He was amazing!!! It took dozens of phone calls, massive holdtimes, some profanity and a little crying on my end to aglually glt an onsite tech sentout. My Micros salei rep provided me wittr the email address of the head of Oracle'sthe localservice dept.Xve neveihiard back from him. The onsite tech told me thatoffice had been downsized considerably and the employees that were left weryHe also toldtorbioden by oracle to speak directly with anyone about service issueslessus-e-muchtofiainedme that the employeet u:t tttt Oraclecall center were neverwith the Mcros system. We have regretted the change to Micros evert!{ttrof* it*"s;;;;; o;r.ir took over. rnanHuuvanryecent issues 3nd t grav tfafwe haven'tfra{Iwe don't because it will be nothing but a headache. Jhe owner of the lgstaurantwill NOT bemanage is in the process of opening a2nd an4 3rd restauranl.weon a system 20'000instatting Oracle systems in either. It's a shame after spendingshould- beatong wlth paymg yearly service confiact f99s ttral a qerlor/companytoUottt in the'hospitality hdLlg-.:,lwould be mortifiedneatEd this way. WL(Id')noo* tttat *y of *y customers were freated this way!!"*,Miller LI-C - "The [sic] lady at the old corporateeightin fvfutyf*O ,uiO rino Oracle took over the phone tingt :.o1'j3t1ySteve Miller, Mem-ber of TLC;ffi.;rrooi,u dayC. Landise(Id')with complaints. Looking for others to start class action'"for 20 years { three.locations',Whi1e,ttr1- "Used Micros (now 3700)(orcheap) it h,as sruk to new lows sincegrear;;#;;"pn*iln"u., teenget the sqnl.est change or progr1lmlgOracle took over. Layers of bureaucrTy ioordering printer replaced Td",1tweaks accomplishi. Over a week 1o gtt anreguired'on the phone pfis 1plea to 9 gates rep wascontract and manyhow tostepbystepr.Joot personat 'clieat sheets. explainingThe individual."pr orderm: incredibly confusing Tg :u*bttsome customerpiu.t supportby a 1970's DOS Geek who hadinterface website. (it tooks like it was disignedin creditThe.last staw ivas the industry-wide upgradeEnglish as a third language.)'securityto*,ol.on Dec 28'20t6place'infixOttrer Oracle .o*priito told theirilientst"Vt* g; a;;" and let us hold on with customer support forOracle just letWEEKS to"" Wr-*.r. then told that they would need twottrehours on ttre holidai]upgrade!neededw.tro.jji.rJ- ri-u.u*. trt.y had so many c-lients.hardwareyearsagoa couple ofneailv hard to ueriw". w":*! upgt4.d all of our, so we are stuck to, nor *ifi oracie, but never again! I do not recommend any barwhich happenedcard certificate f5Sliabout its coming and had theI t* L urc oracle."s/micro s/)svstems/microBindafor over 20 years wit! little ol ng.nr9llems' etlat- .I've used Micros20141! Not sure what has happened with this company'customer support.untilno- sungo{ when you call the supportttrey closed the local offrce leavin g us w finally do answ r ttrey offer veryline you are put on t ora io, urry iong, when theyt3
Case 1:18-cv-21082-KMW Document 1-1 Entered on FLSD Docket 03/21/2018 Page 14 of 53little to no support. They charge very high fees for customer support thatispractically non existent. After being a loyal Micros customers for over 20 years I amready to look for a new system that offers support, is more advanced and easier toprogram." (Id.)p.Anne- "The Micros POS system is nearly non-functional. If we use it when ourit crashes. We paid 2,000 for 1 year's support. When we call forputon hold, then after remarkably long waits we're cut off by thesupport we'rephbne system, then when someone fltnally picks up after several more calls theydon't know enough about the system to fix it and they hang up on us. Our system isoften down for days and when we put pressure on them to get it up and running theytell us we need to pay ttrem more money. It's extortion and they should be put our tobusiness for ttre fraud they're perpetrating on the small business public." (Id.)business is busy10.As evidenced by the foregoing testimonials, Oracle is engaged in a deliberatescheme to deprive RES 3700 system ownersof essential support, and to prevent system ownersfrom obtaining that support from third parties, in order to force those consumers to abandon theRES 3700 and purchase Oracle's subscription-based Simphony system.71.situated,aSplaintiffs bring this class action on behalf of themselves and others similarly(a) reside inmembers of a class they propose be defined as follows: all consumers who(c) who purchased the RESFlorida, O) owned a RES 3700 prior to the date of this Complaint, and3700 within ttre United States.72.has or hadExcluded from the proposed class are Oracle; any entity in which Oracle; anyof Oracle's officers, directors, legal representatives, heirs, successors, andany Judge assigned to thisassigns; Plaintiffs' ctlunsel and anyone employed by Plaintiffs' counsel;the class.action and his or her immediate family; an anyone who timely requests exclusionfrom7?-This action may be maintained on behalf of the class proposed above pursuant toRule 1.220(b)(1) or, altematively, Rule 1.220(bX3)'74.Upon information and belief, the number of proposed Class members exceeds onewould be impractical'thousand, and individual joinder of the purchasers of these systemst4
Case 1:18-cv-21082-KMW Document 1-1 Entered on FLSD Docket 03/21/2018 Page 15 of 5375.Common questions of law and fact exist as to members of the class and predominateover questions affecting only individual class members. These common questions include:a.Whether Oracle has provided adequate support for the RES 3700;b.Whettrer Oracle has purposely or knowingty failed and refused to provide adequatesupport for the RES 3700;c.The steps taken (or not taken) by Oracle to maintain an adequate number of personnelwith adequate training to support ttre RES 3700s in operation;d.publicWhether Oracle made false or misleading representations or omissions to theregarding the availability of support for the RES 3700; ande.fromwhether oracle has prevented owners of the RES 3700 from obtaining supportthird-Parties.plaintiffs are members of the proposed class and their claims are typical of the76.class members all reside in Florida andclaims of the other members of the class. Plaintiffs andpwchased the RES 3700.77.plaintiffs are adequate representatives of the class because their interests do notthey seek to represent. Plaintiffs haveconflict with ttre interests of the members bf the classclass action litigation, and Plaintiffs intendretained counsel competent and experienced in complexof the Class will be fairlyto prosecute this action vigorously. The interests of membersandadequately protected by Plaintiffs and their counsel'?g.means for the fair and efficientThe class action device is superior to other availableThe relief sought perclaims of the Pl
On or about September 8, 2014, Oracle acquired Micros Systems, Inc. ("Micro6"), the manufacturer of the Restaurant Enterprise Solution 3700 Point-of-Sale system (the "RES 3700'). 7. The RES 3700--whose uses include the processing of food and beverage orders and payments-is among the most wid
