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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
Got my check $265.33 today in Long Brach, CA :)
Long Beach, CA
I’m in Los Angeles and no check today…hoping it comes tomorrow
I am in Temecula did not get mine today damn ? Oh well I hope I get it tomorrow for sure
Received my check in Sacramento, CA! $1592 as expected!
Well i guess my big mouth spoke too damn soon…. GOT THAT HOT CHECK TODAY….. WOOOHOOOO a whopping $2 racks. That’s thousands for all u squares…. Thanks Sparks Network….
Well I’m in San Diego and I’m wondering where my check is.
Got mine too, just south of Fresno.
Got my check today!! In Fresno (Central Ca) :D
Was it as much as they promised you M?
@ QT FROM CALI- Yes my check was for $13,001.14…exactly the amount they said I was getting. :)
Bob, I work for the IRS and the 28% mentioned is regarding “Backup Withholding”. Some people are subject to the 28% taken from their wages and some 1099 income. This is usually because the person repeatedly owes taxes at the end of the year or because they didn’t make regular estimated tax payments throughout the year. The W9 we had to sign was just basically verifying that we arnt subject to the 28% backup withholding, or the claims administrator would have had to withhold the 28%. The rest of us just need to report the income on our 2015 Tax returns and figure the amount of taxes we owe based on our total income. Its a good idea to set aside some of the money we receive from this settlement for tax purposes, because you don’t want to be surprised with a balance due next year when you file your taxes. Those penalties and interest that are added on are no joke…
In the letter it stated that if we did not send it back in they would take out 28%