Lawsuit against dating website
The court also found reasons to dismiss the negligence-based claims other than the CDA.
The negligence claim failed because no special relationship exists between a provider of online dating services and its subscribers, and in the absence of a special relationship, owed no duty to its subscriber.
The deceptive trade practices claim, which Beckman brought under the Federal Trade Commission Act, was dismissed because there is no private right of action to enforce the Act.
Beckman argued that the claim alleged that was negligence per se for violating the Act, but the court found that she did not plead such a claim.
The court took a bit more effort to apply the CDA to Beckman’s claims for negligent failure to warn and negligent representation.
Although those claims tried to focus on Match.com’s alleged failure to warn Beckman instead of Ridley’s profile, the court concluded that the wrongful conduct alleged in the claims was still traceable to the publication of the profile.
That information must be clearly stated on the contract and the service provider must provide an address where buyers that change their minds can send a letter or a telegram.
Finally, Beckman did not satisfy a heightened pleading standard that applied to the negligent misrepresentation claim.
There was nothing for to negligently misrepresent or negligently fail to warn about other than what a user might find on another user’s profile.
Since the negligent failure and negligent misrepresentation claims were just another way of holding liable for information originating with a third party, the CDA barred those claims.
“The problem is that Grindr makes them pay for the whole month,” says Loker, who represents the lead plaintiff in the case. The last encounter i came in contact with hes the re Ason i was banned. I talked to this guy for about 2 to 3 weeks before we met in person. I told him we needed to get to know each other before we do that. Well when i told him about my past he got so i left he texted me and said i should be beat up everyday for my not going to go into it right now. My issue is this I should be refunded for my yearly subscription or unban me. What do u think Lawyersand is an online news and information site for the general public and legal community.
California is known for its consumer law and Loker says companies that expect to do business in the state need to be familiar with the kind of rules set out in the “Dating Service Act.” Anyone who purchased a subscription in California in which Grindr failed to include the consumer’s right to cancel the contract within the last four years is eligible to be a member of the class action. I asked grindr to provide me to show me proof in my words i wss ever abusive. Well after that he texted me back and said he was going to report me to grindr . They said no I feel i was done wrong by them ban me without any proof and i have no say so. As a legal news resource, we have emerged as an independent & trusted voice.
After the break-up, Ridley sent Beckman threatening and harassing text messages.