Class Calls|an Illegal Scheme

     LOS ANGELES (CN) – Online matchmaker illegally bills its California members and won’t tell them how to cancel their subscriptions, a customer claims in a class action.
     Lead plaintiff Zeke Graf claims did not allow him to cancel his membership, nor tell him how to do it. In his April 20 lawsuit, Graf says runs a “scheme” that makes “significant amounts of money from California consumers through false, deceptive and misleading” business practices.
     (Graf’s attorney Matthew Loker told Courthouse News Wednesday that the original, federal complaint has been withdrawn and refiled in San Luis Obispo Superior Court.)
     Graf claims says knowingly and intentionally violates California law by entering into a “‘dating service contract'” without divulging including required information.
     Graf says he paid $30 per month in 2012 for a three-month membership to, but the site did not provide a “conspicuous statement” informing him of his right to cancel the agreement and how to go about doing so.
     Nor did it provide its name and address on the first page of the contract, as required by law, for customers who might want to cancel, Graf says.
     Nor did it provide notice of the right to cancel, as required by state law, but said the contract will remain in effect until the end of the subscription period even after receiving a cancellation notice, Graf says.
     Therefore, he says, it’s not a valid or enforceable contract.
     His attorney said the potential class is enormous.
     “It’s too early in the process to know for certain, but there are hundreds of thousands of potential class members,” Loker told Courthouse News.
     So far, the class is limited to California, but Loker said it could extend to other states that might have similar consumer protection laws.
     To make it a federal class action, Graf requested a minimum of $5 million in damages, but Loker said the number could be larger based on the size of the class and rights to treble damages.
     The proposed class consists of all California residents who signed agreements with during the four years before Monday.
     Graf seeks class certification, an injunction, restitution, costs, and damages for violations of California business, professions and consumer laws. did not respond to a request for comment.
     Loker is with the Kazerouni Law Group in Costa Mesa.

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