January 06, 2012

Positive Singles and Successful Match Class Action Filed, Alleging Unfair Competition and California's Consumers Legal Remedies Act (CLRA)

Contact for us more information on this Class Action

Internet Consumer Class Action Update:  A class action was filed by John Doe against the the web site known as Positive Singles d/b/a PositiveSingles.com and Successful Match d/b/a at SuccessfulMatch.com.  The plaintiff’s law firms are Green Welling, P.C. in San Francisco and Traverse Legal, PLC out of Los Angeles, California, Austin, Texas and Traverse City, Michigan.

The class action complaint against Successful Match and Positive Singles is included below.  The class action allegations against SuccessfulMatch.com include:

  • PositiveSingles.com runs a dating site for people with STDs. Consumers register for the site and put their profile information in, selecting their personal attributes, beliefs and including which if any STD(s) they may have.
  • When someone registers and puts their profile on PositiveSingles.com, they are assured of privacy and discretion, including marketing language such as “we care about your privacy more than other sites.”  
  • Other language assures members a “fully anonymous profile” and “100% confidential”.
  • Positive Singles states that “we do not disclose, sell or rent any personal identifiable information to any third party organizations.”
  • Contrary to the representations noted above, Positive Singles and its platform company Successful Match compensate any third party that wants to launch a STD dating site to use those member profiles in order to attract more members and subscriptions. 
  • SuccessfulMatch.com offers to its business customers who want to launch dating websites “pre-populated member databases” and, in fact, publishes member profiles to all websites that use its software in an elaborate and deceptive affiliate marketing scheme.
  • Consumers believe they are registering for one particular dating platform found at a domain name when, in fact, their profiles are shown across hundreds or perhaps thousands of websites of which they have no prior knowledge.
  • Some of these web sites seriously misrepresent who the  registered member is as a person and their potential STD by placing those profiles on domains such as Gaypozdating.com, AIDSDate.com, herpesinmouth.com, ChristianSafeHaven.com, MeetBlackPOZ.com and PositivelyKinky.com with web site content and marketing language which falsely states that registered members, for instance, have HIV, are black, christian, gay or have other attributes which false represent the registered member and did not consent to.
  • This affiliate marketing model deceptively lures members to web sites on domain names with 'pre-populated member profiles of people who do not have those attributes creating an argument that it is a scam. 
  • The class action complaint alleges unfair competition under California law in that the above and other allegations amount to unfair, unlawful and deceptive business practices.
  • The class action complaint alleges a violation of the Consumers Legal Remedies Act ("CLRA"), California Civil Code § 1750, et seq. for unlawful, unfair or fraudulent business practices, and other acts prohibited by law.

Updates to this class action litigation against PositiveSingles.com and SuccessfulMatch.com will be posted as they become available. 

Succ - Complaint

COMMENTS

My big problem with positive singles is that they fail to tell consumers what they were really signing up for. With something as sensitive as STDs, and marketing language which emphasizes the consumer's privacy, I think consumers have a right to expect more than what appears to be a bit of a scam here.

I'm not shocked at these findings. These individuals allowed one of their affiliate sites to steel our website's logo, banner, color scheme and text and pass it off as their own website by buying the .org extention of our domain name. I would think that they would check to see if the new affiliate's website is infringing upon anyone's rights before they make it live. It took a while, but we got them to remove the site. There are still many .org sites on their network that i'm sure are infringing upon domain names of dating sites who worked hard to acquire their own database. What is the internet coming to?

successful match and positive singles recently filed a motion to dismiss the class action lawsuit in California against them. The court rejected their arguments and is allowing the class action lawsuit to move forward. If you are registered user of any of the successfulmatch.com or positivesingles.com STD dating websites, feel free to contact one of our internet class action attorneys for more information.

PositiveSingles.com (aka Positive Singles) complaints continue to rise. A class-action complaint was filed by a John Doe plaintiff against PositiveSingles and Successful Match (aka SuccessfulMatch.com) alleging a variety of misrepresentations and unfair business practices.

The court recently denied the motion of positive singles to dismiss the lawsuit for failure to state a claim. If you are a positive singles registered user or customer who believes that your rights have been violated, please contact one of our class-action attorneys today.

I noticed this a while back, but was not clear as to how or why my information was on other sites. I live in Illinois and I have recently noticed that this lawsuit is making it clear to me that I too have had this same issue with PS. Today (3-4-2012) I looked up different HSV sites and found that so far 3 or them have my information already with the same username and password I made for PS. What do I do? I feel violated and that the trust I had for this site was not at all what I imagined.

How can I become part of this lawsuit? I have been a member of this site and am shocked of these findings.

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