Dating website in california
Here, Grindr had good policy arguments that the assumptions embedded into a statute governing high-pressure face-to-face sales should not apply to an online-only process.
Still, it had no good arguments to bypass the statute’s plain language.
The court cites to cases under California’s “Shine the Light” statute and says that there’s no cause of action for a mere failure to comply with the statute. Fidelity to legislative intent does not ‘make it impossible to apply a legal text to technologies that did not exist when the text was created. By providing a full, rather than a pro rata refund, the legislature evinced its intent to place the costs from cooling off/cancellation on the business rather than the consumer.
The court dismisses the UCL claim as the plaintiff did not offer substantive arguments in response to Grindr’s arguments.
For what it’s worth, Tinder’s terms contain a cancellation provision that appears tailored to this statute and the statutes of several other states.
Grindr, an online dating app, allegedly failed to address this in its terms of service.
A plaintiff signed up for Grindr Xtra (the monthly fee-based version of its site), cancelled and did not receive a full refund (for the remainder of the month).
“Consumers always have the right to know where their money is going.” Spark Networks cooperated with the task force to reach the resolution.
"The Santa Monica City Attorney’s Office is committed to protecting consumers from unfair and unlawful business practices,” said City Attorney Lane Dilg.
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This reminded me a lot of the debates around e Bay in the 1990s.