Green & Noblin, P.C. and Traverse Legal, PLC were able to obtain an order granting motion for class certification in the John Doe v. PositiveSingles.com and SuccessfulMatch.com class action. The court granted class certification for approximately 9,346 members of PositiveSingles.com and SuccessfulMatch.com, many of whom signed up through defendant's affiliate marketing scheme, finding that joinder of all members would be impracticable, class action is well-defined and the questions of law and fact common to the class predominate. The class action certification order is included below.
The common questions to this class action are as follows:
1. Whether Defendant's ommision of the names of over 1,000 different websites that link to the profile information entered into each ofhte individual websites was a material nondisclosure;
2. Whether Defendant's use of privacy and exclusivity langauage in its websites soliciting members was rendered misleading by the failure to disclose all of the websites that would link to each member's infomration;
3. Whether the use of language in the terms of service suggesting that the information "may" be available to other sites was rendered misleading by the fact that the information was in fact immediately accessible on over 1,000 other sites;
4. Whether the Defendant's conduct was unfair because the harm it caused fat outweighed the utility of having 1,000 undisclosed websites;
5. Whether the Defendant's conduct violated the CLRA;
6. Whether the terms of the Terms of Service were unconscionable by virtue of granting a worldwide, perpetual right to modify and edit and otherwise exploit the user's information or by purporting to limit the CLRA statute of limitations to one year, which is substantively unconscionable as a matter of public policy.
A federal class action is being prepared. If you are a registered user of PositiveSingles.com or any other website indicating that it is "powered by PositiveSingles.com" during the 4-year period ending on October 1, 2011, you will likely be a member of this class action. Contact Traverse Legal for more information by clicking here.