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This settlement is closed!
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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
Were the taxes taken out reasonable ? How much was the tax
Bob, I could be mistaken, but they should not have taken money out for taxes. In 2016 they will send a 1099 and you will have to report the income when you do your 2015 taxes.
The administrators confirmed that my check in the amount of $13,001.14 was mailed on 6/1.(49 approved emails) :)
Michael then you had 6 eligible emails for 1600 correct?
Correct, so $265 is the amount $1592 rounded to the dollar to be exact
Emailed them, June 1st checks were sent out, getting $1600. 3-5 business days to receive them, In SoCal Im expecting Saturday by the latest.
You should get it today tomorrow at the latest
Gogetter, the settlement agreement approves $1,500 to be paid to each of the class representatives. Those are the named plaintiffs in the lawsuit. They are the people who initially work with the attorneys and whose story/documentation are the basis for the lawsuit in the first place. While I have no idea how much work these representatives did, I have had two attorneys contact me when they were looking for representatives for other class action suits. At the very least, I spent time on the phone with the attorneys and gathered and provided evidence in support of my claim. Also, the representatives names are public record in the lawsuit, which I do not believe the class members names are. So, in my humble opinion, they actually deserve additional compensation. Without them, there may not have been a case at all! I only did a quick skim of the settlement agreement, so I could be wrong, but I did not see any statement indicating that all class members were to receive $1,000. I believe it the payout is only on a per email basis. As a class member of this suit, I will be delighted if I am wrong! :)
According to my dollar amount you are not wrong the class members who filed the suite with the attorneys is who I said would be receiving that money sorry.you can call gcg and get a dollar amount to hear everything for yourself and you will not have to wait on a call back from a specialist.
Thank you Gogetter, Bob and everyone else who takes the time out of their day to keep in touch with Garden City Group and then keeping the rest of the class members posted with updates! Also, thanks to TCA for this website! Your thoughtfulness is very much appreciated!
I’m confused…. so, do we get the $1,000 statutory damages as well as our $255 or $378 per email…? Because it does state that we are entitled to that $1,000 statutory damages as well….
I was wondering that also. They said that amount only goes to the class members who filed the claim which is like 5 class members and that’s standard. What makes them more qualified smh. They said checks are being mailed out today and it’s coming from seattle.They gave me an exact dollar amount.
It’s 265 not 255
they will be mailed by June 3rd
Any new info? Everyone just waiting?
I talked to gcg today and they only received 808 covered emails which the total settlement fund is $575,000. $250,000 is going to counsel and $15,000 to cost and $1,500.00 to each class represenative which its 3 which totals $269,500. Which leaves $305,500 to class members. If we divide that 305 by that 808 each covered email should be 378.09. When they called me I didn’t do the math while on the phone and I needed to see what was going to be distributed to who first. I will be contacting them tomorrow about the covered email amount probably will hear back Friday evening or Tuesday since Monday is a holiday will give you a update .
You forgot to subtract the $99K for settlement admin. That gets you to $255 per, which is what they have been saying for a while.