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Barlow and Harken v Match

Barlow and Harken v Match

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Published by DallasObserver

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Published by: DallasObserver on Jun 22, 2011
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07/27/2014

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1
IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF TEXASDALLAS DIVISIONGUY BARLOW, JR. and §MARK H. HARKEN, §on behalf of themselves and all §similarly situated persons, §§ CASE NO. ____________________PLAINTIFFS §vs. §§ JUDGE ______________________MATCH.COM, LLC, §§DEFENDANT §PLAINTIFFS
ORIGINAL CLASS ACTION COMPLAINT AND JURY DEMAND
Plaintiffs Guy Barlow, Jr. (
“Barlow”
) and Mark H. Harken
(“
Harken
”)
(together,
“Plaintiffs”)
, on behalf of themselves and all similarly situated persons, complain of the acts of Defendant Match.com, LLC, and respectfully show the following:
NATURE OF THE CASE1.
 
This is a national class action against Match.com for engaging in unfair,unconscionable and deceptive trade practices. Plaintiffs bring this action on behalf of themselvesand all similarly situated persons throughout the United States
(the “Class
M
embers”) who
subscribed and/or continue to subscribe to the Match.com online dating service and did not receivethe products and services for which they paid.
2.
 
Plaintiffs
,
on behalf of themselves and the Class Members, seek actual damages,statutory treble damages, equitable relief, injunctive relief, pre- and post-judgment interest,
attorneys’ fees, litigation expenses and court costs
.
 
Case 3:11-cv-01354-N Document 1 Filed 06/21/11 Page 1 of 17 PageID 1
 
 
2
JURISDICTION AND VENUE3.
 
This Court has subject matter jurisdiction over
Plaintiffs’
claims pursuant to 28U.S.C. § 1332(d)(2) (CAFA) because (i) there are 100 or more Class Members, (ii) at least one
Class Member is a citizen of a state that that is diverse from Match.com’s citizenship
, and (iii)the matter in controversy exceeds $5,000,000 USD exclusive of interest and costs. This Court
also has subject matter jurisdiction over Plaintiffs’ state law claims pursuant to 28 U.S.C. § 1367.
This Court has personal jurisdiction over Match.com because at all relevant times, it owned (andcontinues to own) a business located in the Northern District of Texas, and conducted (andcontinues to conduct) substantial business in the Northern District of Texas.
4.
 
Venue is proper in the Northern District of Texas pursuant to 28 U.S.C. §1391(a)because a substantial part of the events and omissions giving rise to this action occurred in theNorthern District of Texas and Match.com resides, is located, can be found and/or maintains itscorporate headquarters in the Northern District of Texas.
 PARTIES5.
 
Plaintiff Barlow is a citizen and resident of Texas. Barlow was a Match.comSubscriber from September 12, 2010 through March 21, 2011.
6.
 
Plaintiff Harken is a citizen and resident of Texas. Harken was a frequentMatch.com Subscriber from approximately April 2009 through September 2009.
7.
 
Defendant Match.com is a corporation organized under the laws of the State of Delaware. According to its website,www.match.com,Match
.com’s
headquarters and principalplace of business is in Dallas, Texas. According to its website, Match.com was launched in April1995, and helped pioneer the online dating industry. Also according to its website, Match.comserves millions of singles in 24 countries and territories, hosting websites in 15 different
Case 3:11-cv-01354-N Document 1 Filed 06/21/11 Page 2 of 17 PageID 2
 
 
3languages. Also according to its website,
20,000 singles
join the Match.com community everyday and
“hundreds of thousands” of people find love on Matc
h.com every year. Match.com maybe served with Summons and a copy of this Original Class Action Complaint and Jury Demand byserving its registered agent for service of process, National Registered Agents, Inc., 16055 SpaceCenter Blvd., Suite 235, Houston, Texas 77062.
FACTUAL BACKGROUND8.
 
Match.com is an online dating service that advertises in print, via the internet andon television
 — 
nationally and worldwide.
9.
 
The purpose of Match.com
’s heavy advertising is to drive traffic to its website,
www.match.com,its principal money making asset, that displays online personal profiles andtransmits communications between certain Members who desire to make a
love connection.
 
10.
 
There are two types of Match.com Members
 — 
Subscribers and Non-subscribers.
11.
 
In order to view the Match.com website, a person must agree to the Match.comTerms of Use Agreement and incorporated terms and conditions and
register
by (i) creating aUser name and Password, (ii) providing their gender, age, education level, email address, bodytype, eye color, income, pets, diet, hobbies, political and religious beliefs, favorite books,movies, places and other personal and confidential information, and (iii) specifying thegeographic area, gender and age range of people they are interested in meeting
 — 
thereby creatingan
online profile.
Match.com encourages Members to include photographs in their onlineprofiles. Creating an online profile is free.
12.
 
Non-subscribers may access Match.com on a limited basis for free. Subscribers
receive full access to Match.com’s products and services for approximately $39.99 per month.
 
Case 3:11-cv-01354-N Document 1 Filed 06/21/11 Page 3 of 17 PageID 3

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