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Robinson v. Together Member Svc.

Civil Court of the City of New York, Richmond County

April 13, 2009

Anna Robinson, Plaintiff,
v.
Together Member Svc., Defendants.

Unpublished Opinion

ANNA ROBINSON-SELF REPRESENTED BALLON, STOLL, BADER & NADLER, FOR DEFENDANT

Kim Dollard, Civil Court Judge

Plaintiff brings this action in order to recover a $2,000.00 fee she paid to defendant Together Member Service ("Together"), a dating service. Plaintiff represents herself in this matter and the defendant is represented by counsel. Trial was held on March 17, 2009.

Plaintiff testified in her own behalf. She states that she joined Together in July, 2008. She submits a copy of her contract together with an Addendum and Together membership "Key to Success" as well as other referral documents she later received from defendant. Plaintiff claims that she was given a referral and she called the contact. They spoke on the phone and agreed to meet but he never called back as planned. This same thing happened two more times with subsequent contacts. Plaintiff stated that her daughter complained on her behalf in September or October of 2008. She tried to cancel the contract but was told that there are no cancellations and no refunds available to her. She wants her money back because the three referrals never resulted in any meetings and she has gotten no referrals since the last one.

On cross examination, plaintiff indicated that she did not understand paragraph one on the contract which indicates "no provision for refunds, recisions or cancellations of any kind". She restates that she got a referral on 7/24/08 and the gentleman never called back.

Jill Grossman, plaintiff's enrollment counselor at Together, testified on behalf of the defendant by whom she has been employed for fifteen years. She indicated the circumstances of the day plaintiff enrolled in Together. She explained that the contract is still in effect because it expires only after the member has been referred to five individuals and is not subject to any time limitation. In support of her position, Ms. Grossman submits an American Express receipt which indicates "No Refunds".

At first blush, the provisions of paragraph one of the contract and the AMEX receipt indicating "No Refunds" are violative of the applicable laws herein. The court also finds that such provision violates public policy, as well.

1. The within matter is governed by NYS General Business Law 394-c, [1] commonly known as the Dating Service Law, which reads in relevant part, as follows:

2. No contract for social referral service shall require payment by the purchaser of such service of a cash price in excess of one thousand dollars. Services to be rendered to the purchaser under the contract may extend over a period not to exceed two years from the date the contract is entered into.
3. Every contract for social referral service which requires payment by the purchaser of such service of a total amount in excess of twenty-five dollars shall provide that the seller of such service must furnish to the purchaser a specified certain number of social referrals per month.
4. Every contract for social referral service which requires payment by the purchaser of such service of a total amount in excess of twenty-five dollars shall provide that in the event that the seller of such service does not furnish to the purchaser the specified certain number of social referrals for two or more successive months the purchaser shall have the option to cancel the contract and to receive a refund of all monies paid pursuant to the cancelled contract with the exception that the seller shall be entitled to retain as a cancellation fee fifteen per cent of the cash price or a pro rata amount for the number of referrals furnished to the purchaser, whichever is greater. Every such contract shall set forth in the contract and in the bill of rights the manner in which such services provider determines its cancellation fee pursuant to this subdivision.
7. (a) Every contract for social referral service shall provide that such contract may be cancelled without a cancellation fee within three business days after the date of receipt by the buyer of a copy of the written contract. (b) In every social referral service sale, the seller shall furnish to the buyer a fully completed copy of the contract pertaining to such sale at the time of its execution, which is in the same language, e.g., Spanish, as that principally used in the oral sales presentation and which shows the date of the transaction and contains the name and address of the seller, and in the immediate proximity to the space reserved in the contract for the signature of the buyer and in not less than ten-point bold face type, a statement in substantially the following form: YOU, THE BUYER, MAY CANCEL THIS CONTRACT WITHOUT ANY CANCELLATION FEE WITHIN THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. (c) Notice of cancellation shall be delivered by certified or registered United States mail at the address specified in the contract. (d) At the time the buyer signs the social referral service contract, a ...

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