Anne Bucher  |  October 30, 2014

Category: Closed Class Actions

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This settlement is closed!

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Spark email settlement

Spark Networks USA LLC has agreed to settle a class action lawsuit alleging it sent commercial emails for its dating sites that contained falsified, misrepresented or forged header information.

The deceptive email class action lawsuit alleged Spark, by or through affiliate networks, violated California law by advertising in or sending commercial emails that contained falsified, misrepresented or forged header information. The plaintiffs allege each Class Member is entitled to statutory damages of $1,000.

The emails at the heart of the Spark class action lawsuit are allegedly misleading or deceptive because they do not identify Spark or its brand name in the “from” field, because the email has an inaccurate “sent” date, contains a domain name that is not readily traceable, does not have a method to unsubscribe from the emails online, has a non-functional return email address, has a subject line that appears to be deceptive, contains deceptive material in the email body, or has the name of a person who likely does not exist listed in the “from” field.

The defendants deny any wrongdoing but agreed to pay $575,000 to settle the deceptive email class action lawsuit to avoid the cost and risk of further litigation. If the Spark email settlement is approved, Class Members will be eligible to receive a maximum of $450 for each qualified email they received.

In addition to offering compensation to Class Members, Spark Networks has also agreed to change its email practices to correct the issues listed in the deceptive email class action lawsuit.

Who’s Eligible

To qualify as a Class Member of the Spark email settlement, you must have received, while living in California, a commercial email advertisement that you (1) reasonably believe is materially misleading, fraudulent, or otherwise unlawful that marketed and (2) was disseminated or sent by on behalf of Spark Networks since Oct. 16, 2008 for:

• JDate.com
• ChristianMingle.com
• BlackSingles.com
• LDSSingles.com
• SilverSingles.com
• Believe.com
• DailyBibleVerse.com
• Faith.com
• ChristianCards.net
• LDSMingle.com
• HurryDate.com
• BBWPersonalsPlus.com
• Spark.com
• CatholicMingle.com
• JDate.fr
• JDate.co.uk
• JDate.co.il
• Cupid.co.il
• AdventistSinglesConnection.com
• iMinistries.org
• MatchNet.com
• DeafSinglesConnection.com
• MilitarySinglesConnection.com

Potential Award

Up to $450 per email. The award will be based on the number of valid claims received. The Claims Administrator will determine the per email award by dividing the net settlement fund by the number of qualified emails. The actual award may be reduced on a pro rata basis, depending on how many qualified emails are submitted. Class Members may submit claims for a maximum of 200 qualified emails.

For example, if the net settlement fund is $300,000 and a total of 1,000 qualified emails are submitted, each email will be worth $300. In this situation, a Class Member who submitted claims for 10 qualified emails would receive a payment of $3,000.

Proof of Email Receipt

Class Members must submit a copy of the allegedly unlawful email along with verification that the submitted email was actually received and not fraudulent. Class Members can submit an original email, photocopy, electronic copy or scanned copy of the emails they received.

Claim Form Deadline

12/23/2014

Case Name

Kristina Kirby, et al. v. Spark Networks USA LLC, et al., Case No. BC493892, in the Superior Court of the State of California, County of Los Angeles

Final Hearing

2/3/2015

Settlement Website
Claims Administrator

Kirby v. Spark Networks USA
c/o Garden City Group Inc.
P.O. Box 10064
Dublin, OH 43017-6664
1-844-322-8152
info@SparkEmailSettlement.com

Class Counsel

KABATECK BROWN KELLNER LLP

THE LAW OFFICES OF DANIEL BALSAM

WALTON TWU LLP

Defense Counsel

GIBSON DUNN & CRUTCHER LLP

UPDATE: On June 4, 2015, viewers began reporting they had received checks in the mail from the Spark Networks class action settlement. Some of these payments were reportedly worth thousands of dollars. Congratulations to everyone who submitted a valid claim and got PAID!

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95 thoughts onSpark Networks Deceptive Email Class Action Settlement

  1. Bob says:

    Checks will he distributed by June 3 rd

  2. Michael says:

    Checks coming in a week and a half 3 weeks i think. I have mine spent already, just waiting.

  3. Shaunna says:

    No checks in Cali yet… What’s the hold up. ..?

  4. Michael says:

    Thank you for your inquiry. The distribution is anticipated to occur in June, 2015. The estimated amount per email is around $265.00. Please note this amount may change as distribution calculations are not final.

    1. Gogetter says:

      Spoke with Amanda 5 mins ago she said that the appeal deadline has passed as far as the court system on Monday. She said that’s the only thing they were waiting on before distribution occurs she got that information from the court website but she has emailed counsel for the same information and they haven’t responded. She said distribution will occur by the June 3rd deadline. But she did confirm nothing has been mailed out yet. My problem is if the deadline passed on Monday why are you delaying distribution I will contact the counsel if the u needed delay continues. If I don’t have payment in 3-5 business days I will be contacting counsel.

  5. Gogetter says:

    Spoke with gcg rep she said it’s in an appeals process and can take up to a year I said I thought there were no appeals she said I’m just giving you the information I have. I think she just didn’t know and was giving me basic info because some people are still contesting there determination which means the payout is probably changing . She referred me to a case specialist who will call me by 5/13 she said the only person that will know the distribution date is the specialist. Said there was not a check mailed out yet last thing that took place was them receiving my w9 on 4/21. So no need to keep harassing the mail man for the next couple of days lol.Will give you guys an update when specialist calls

  6. Gogetter says:

    They have 90 days from the day of march 2nd or February 25 dont know which date they are using to send proof that payment was sent to the courts. That’s what it said in the order. As far as the payment amount that is pro rata per email but they have to have a date that finalizes the pro rata meaning example 3000 covered emails from everybody will be paid out by June 2nd. So seems like from the date they sent out the contesting letters you had x days maybe that’s the date that finalized the amount of emails. Would love to receive payment now

  7. Bob says:

    Talked to gcg looks like early June is what I was told

    1. Gogetter says:

      How did you speak to gcg can I have that info

  8. Michael says:

    Forgot how many were accepted, send 6 or 8. Got W9 and sent it back the next day and am waiting for check. Anyone in California get a check yet?

  9. Celticsfan says:

    @urbrezzy dont feel bad i had 50 and only 10 that was good im thankful for it

  10. Urbreezy says:

    I received mt w9 but only for 8 qualified emails…. of course i had over if not close to 200 emails but, oh well I’m grateful for whatever i get.

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