This section contains the nature of the case and procedural background.

D advertised a 'fire sale' of Touchpads at a heavily discounted price. Nguyen (P) purchased two units on D's website on August 21, 2011, and received an email confirming the transaction. The following day, P received another email informing him that his order had been canceled due to unexpectedly high demand. P sued D on behalf of himself and a putative class of consumers whose Touchpad orders had been canceled. P claimed D engaged in false advertising and deceptive business practices. D claims the display on its website did not constitute an offer and that P’s order constituted an offer which D could accept by shipping or promising to ship the goods.

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