Legal

San Diego-based dating service It’s Just Lunch has been ordered by a U.S. judge in New York to face a class-action lawsuit filed by some of its former clients.

The plaintiffs in the case are arguing that the company fraudulently misled them about their services, charging $1,000 per year for services that they did not deliver. This includes falsely promising clients (many affluent and highly educated women) that its staff would “hand select” appropriate matches for dates.

Judge Sidney Stein of the U.S. Court in New York wrote this of the lawsuit: "In short, virtually all evidence in the record indicates that during the period at issue, IJL staff relied on a uniform script to inform prospective customers during initial interviews that IJL already had at least two matches in mind for those customers' first dates regardless of whether or not that was true.”

While their argument got approved to go to trial in New York, the judge did refuse to certify a nationwide class-action lawsuit, citing that there were too many differences in the laws of individual states in regard to this particular case.

While the plaintiffs consider this a victory, It’s Just Lunch has yet to respond to the charges.

According to Courthouse News Service, It's Just Lunch sales staffers have an "info-call script" during their training at "First Date University" to guide them through calls with potential customers, the complaint alleges. They were not allowed to deviate from the script, according to President Melissa Brown’s admission to the court. At the heart of the issue for the judge is the part of the script says, “Ok, so far I have 3-4 ideas for your first date,” meaning matches that would be suitable for the client, even if the call center employee didn’t have any matches at the time.

IJL offers an initial client interview, the selection of a potential partner based on a client's desires, goals and motivations; and the arranging of lunch at a restaurant, or alternatively an after-work drink or a weekend brunch.

It’s Just Lunch proclaims itself to be “the world’s #1 personalized matchmaking service” on its website.

“You’ll find It’s Just Lunch is very different from online dating,” the website states. “Our professional matchmakers are genuinely interested in understanding you and finding out what kind of person you are looking for. Our process works and we have proved it over and over again. With over 20 years, 2 million dates and thousands of dating success stories to show for it, we can honestly say we have the experience required to improve your chances for dating success.”

If more ex clients join this class-action lawsuit, IJL might have to reconsider their marketing along with their business decisions.

We’ve been warned of scandals when it comes to online dating. Some people post fake profiles and create stories of financial hardship to extract money or financial information from other users, hoping to cash in on someone’s vulnerability or desire for love. This can compromise our security, but it’s within our control to not respond or to report the abuse. But what about the information we voluntarily offer without even knowing how it will be used?

Mobile dating and location-based apps operate and match you with others according to where you physically are, which means they need to collect data from you, usually through your phone’s GPS. But then what happens to the information? Is it used only for matching purposes to benefit the users of the site, or are companies using this valuable information in other ways?

New legislation aims to protect users from themselves and the online dating sites who collect location and other personal information. Senator Al Franken is leading the charge, advocating for more privacy for users.

"This stuff is advancing at a faster and faster rate, and we've got to try and catch up," Franken tells USA Today. "This is about Americans' right to privacy and one of the most private things is your location."

Considering how many people have used online dating sites – a recent Pew report indicated 38% of singles – it makes sense that companies offering services for daters operate with security and privacy in mind. Unfortunately, most people don’t realize how much information they are voluntarily sharing when they sign up and post photos on their phone.

Members also might not realize what information a dating website or app is collecting about them and their social media networks, say if a Facebook login is used to sign up. Though most companies will outline what information they can collect about you and your friends, the fine print is often overlooked by users just trying to download and check out a new app.

A few states require online dating sites to disclose whether they conduct criminal background checks on members, including Illinois, New York, New Jersey and Texas. eHarmony, Match, and Sparks Networks signed an agreement with the California District Attorney’s office in 2012 to check subscribers against national sex offender registries and provide a rapid abuse reporting system for members. Security precautions are being taken to protect users, but legislators like Al Franken and privacy advocates don’t think it’s enough.

Rainey Reitman of the San Francisco, Calif.-based Electronic Frontier Foundation, a nonprofit that advocates for user privacy amid technology development, told USA Today: "People don't realize how much information they're exposing even by doing something as slight as uploading a photograph. Many online apps are very cavalier about collecting that information and perhaps exposing it in a way that would make you uncomfortable."

Finding love on OkCupid: good. Getting scammed out of thousands of dollars on OkCupid: not so much.

Unfortunately for Michael Picciano, he falls into the latter category. Picciano is now suing OkCupid and its parent company, IAC, for failing to conduct “even minimal screening of its subscribers and therefore deceptively creating the impression that their dating service was safe . . . when in fact . . . [it] was a trap for the unwary,” he says in his Manhattan civil suit.

It all began back in February 2013, when he received a message from “genuineguy62.” (Is it just me or is that, like, the least trustworthy name ever?) After 10 days of chatting on the site, Picciano continued the conversation with the man, who called himself Bruce Thompson, via personal e-mails. A month following that, Thompson made his first telephone call to Picciano. And by the end of March, the two had canceled their OkCupid subscriptions because “they had found each other.”

Shortly afterwards, Thompson asked Picciano to wire him money to cover “unexpected fees ”incurred while setting up a new computer parts business. Picciano says he made four wire transfers in steadily increasing amounts to addresses in Texas, Ontario and England. In total, the payments added up to $70,460.

Four weeks following his first payment, Picciano involved the police. A friend of his had found Thompson's photo and information on a site called MaleScammers.com and warned Picciano. Picciano handed over a $100,000 forged check given to him by Thompson to the police, but they were unable to find the con man’s fingerprints.

Picciano is faulting OkCupid for failing to "exercise reasonable care" in communicating "the dangers associated with online matchmaking." There is, however, a page on the site called "Safety Tips" that explicitly warns members against wiring money to other users – or anyone they meet online – because the sender “has no protections against loss.”

In addition to going after OkCupid, Picciano is also suing Capital One for "failure to comply with proper procedures for the transmission of wire funds transfers." The lawsuit allages that none of the wire transfers contained the address of the recipient "as required by law."

According to the court papers, Picciano believes Thompson is back on OkCupid, trolling for new victims under the screen name "bigheartedbt.” While this hasn’t been confirmed, OkCupid users should take note – better safe than sorry.

We all know that people post older or misleading photos on their online dating profiles from time to time - photos from when they were younger, thinner, or had more hair - just to attract more people. This phenomenon is nothing new, but it's something that frustrates and puts a damper on people's online dating experiences, even though they might not complain to the dating site about it.

But what if a profile is even more deceptive - what if someone has posted a false identity with fake pictures to lure you in? What about extreme cases, like catfishing, where you've been swindled out of some money? Does the dating website have accountability in this situation?

According to a Florida mother and part-time model, Match.com should be held accountable for engaging in 'one of the biggest conspiracies ever executed on the Internet.'

According to a lawsuit Yuliana Avalos filed against the popular dating website, more than 200 bogus Match.com profiles were created using her pictures. She maintains that hundreds, possibly thousands of fake profiles are posted on the site, including those using her pictures, even though she's never signed up for the site.

The lawsuit also claims that "thousands" of others - including celebrities, soldiers and adult actresses, have had their pictures taken from Facebook and other sites and used in creating fake profiles for Match.com. Avalos maintains in the suit that people (mostly in other countries) use the photos and fake profiles to scam people out of money. She says Match.com knows this and looks the other way, because the IP addresses of scammers show that they originate in other countries, even though the Match.com profile claims to be posting from inside the U.S.

Avalos maintains that Match.com could crack down on these fake profiles if they wanted to, simply by using facial recognition software, but they choose not to.

In the suit Avalos asks for $500 million in money damages for the thousands of victims, and another $1 billion in punitive damages.

Although Match.com has been sued over fake profiles before, these suits have been dropped because of the terms of its user agreement. Match.com says it isn't required for them to police the site and so the company isn't responsible for fraudulent information people may post.

The outcome of this lawsuit could change the online dating landscape - especially if companies are required to take action and crack down on those posting bogus information. Online dating could get more expensive for members. It could also bring down membership numbers that are used to boost ratings and attract people to various sites. But then hopefully, it would protect people from being manipulated and cut down on the amount of catfishing taking place in the online community.

We'll see what happens next in Avalos' case.

Watch out, IAC - Markus Frind may be coming for your crown!

For a long time, IAC (InterActiveCorp) has been the undisputed ruler of online dating. IAC's businesses include Singlesnet.com. SinglePeopleMeet.com, OurTime.com, OkCupid.com, and, last but certainly not least, Match.com. Add it all together, plus IAC's numerous successful ventures outside of the dating industry, and you've got a seriously unstoppable force.

Markus Frind, CEO of Plenty Of Fish, recently attempted to score another piece of the kingdom for himself and push IAC an inch more off its throne. True Beginnings, the Texas-based owner of True.com, entered Chapter 11 bankruptcy protection in 2012 and is attempting to sell its assets. Frind was poised to gobble the site up, but Texas Attorney General Greg Abbott has protested the sale.

Citing privacy concerns, Abbott objected in federal bankruptcy court to the sale of True.com's 43 million member database. "At a time when privacy is an issue of grave concern to so many," he said in a press release, "we are taking legal action to prevent an online dating service from selling more than 2 million Texans' personal information without their consent."

True Beginnings told the court they planned to notify users by email that their personal information would be sold, but Abbott contends that the company must obtain each customer's approval individually first. "The proper course is for True.com and its bankruptcy trustee to seek the customers' permission before selling their private information to a third party," he explained, "and that's exactly what our legal action asks the bankruptcy court to require before the case proceeds."

When signing up for True.com, users are told that their personal data - including phone numbers, passwords, financial billing info, and browsing history - cannot be transferred without their consent. However, Abbot notes, ambiguous language found in the site's privacy policy quietly adds that members' personal information held in the company's database would be treated as a transferable asset in the event the company was acquired by a third-party buyer.

Unsurprisingly, Frind is not pleased with the development. "Who in their right mind is going to buy a dating site with 43 million members if you are not allowed access to those members?" he wrote in a blog post. "This would be like buying twitter but you don't get access to twitters users unless they agree to the sale."

Under the current transfer process, True.com member data will be transferred automatically unless the customer takes direct steps to opt-out. Abbot is instead arguing that customers should opt-in and directly express approval for the transfer of their personal information. Whichever way this goes, it's bound to set a precedent for all future dating site sales.

It seems that the desire for online dating has reached even the most religiously conservative societies. According to The Jerusalem Post, the Palestinian Authority's Supreme Council has legalized online dating, but with a catch. Daters must abide by Shari'a rules, which means communication between members must be with the intent to marry.

Though Islamic scholars have dismissed online dating in the past, the council stated that the mingling of men and women online was now "a central characteristic of our time" and "unavoidable." This opens the door for many Muslims to date outside their social circles and provides more opportunity for meeting people than ever before.

Islamic dating websites have emerged in recent years, modeling themselves after other popular religious dating sites like JDate. But many Islamists, including Palestinians, already converse freely over social networks like Facebook and Twitter, according to The Times of Israel. It seems that allowing online dating was the obvious next step.