Online daters who filed a claim form for the PositiveSingles.com class action settlement should expect a check in March. This will be the first distribution of the PS.com settlement fund and will pay in full the valid claims of non-California Class Members. The remainder of the fund will be divided pro rata among the members of the California Class based on how much money they paid during the Class Period.
The PostiveSingles.com settlement was granted final approval by Superior Court Judge Peter H. Kirwan on Oct. 9, 2015, who agreed to allow the defendants to pay a total of $4.25 million in eight installments over the next three years.
According to the PS.com class action settlement, both parties agreed to maximize productivity by limiting the number of times that settlement checks are mailed out. Non-California Class Members will receive one payment check, while California Class Members will receive two.
California Class Members should expect to receive a final check after the last settlement payment is made in September of 2018.
The PositiveSingles.com settlement resolves two class action lawsuits (collectively known as Doe v. SuccessfulMatch.com) that accuse the dating websites of luring vulnerable daters who have tested positive for STDs by promising anonymity and strong privacy protection.
However, the plaintiffs claimed that the “free” and “anonymous” level of a PS.com membership provides the lowest level of service and does not produce the desired results. As a result, the plaintiffs became members of SuccessfulMatch.com and began paying membership fees to the dating service.
Likewise, the plaintiffs alleged that on SuccessfulMatch.com (which runs PS.com and other dating websites) there is no real opportunity to meet other online daters, instead you are offered a chance to start an online dating website by registering a domain name and sending it to SuccessfulMatch.com. Members are then pointed to hundreds or thousands of websites in the database.
The PositiveSingles.com class action lawsuit claimed that when online daters sign-up, they agree to the terms of service which states that other sites within the SM.com network may share your profile.
The plaintiffs alleged that some of the terms of this agreement are shocking. For example: Members give SM.com “a perpetual, worldwide, irrevocable, unrestrictive, non-exclusive, royalty-free right to use any files, messages or data of members.”
The PS.com class action lawsuit accused the companies of violating the Unfair Competition (California Business and Professions Code) and the Consumer Legal Remedies Act.
SuccessfulMatch.com denied all wrongdoings but agreed to the terms of the settlement to avoid the cost of further litigation. Class Members had until Sept. 22, 2015 to file a Claim Form in order to receive a portion of the $4.25 million PostiveSingles.com class action lawsuit settlement.
The California SucessfulMatch.com Class Action Lawsuit is John Doe v. SuccessfulMatch.com, Case No. 1-11-CV-211205 in the Superior Court of Santa Clara County.
The Non-California SuccessfulMatch.com Class Action Lawsuit is Jane Doe 1 and Jane Doe 2 v. Successfulmatch.com, Case No. 1-15-CV-276983 in the Santa Clara County Superior Court.
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