Several companies offer dating referral services, which involve the matching of members by use of the computer or other means for the purpose of dating and general social contact, for a fee.
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The Contract
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N.Y. General Business Law 394 c
The dating referral services begin with the establishment of a contract between the social referral company and the consumer.
The contract must include a separate written notice known as a “Dating Service Consumer Bill of Rights,” which lists the following contractual provisions:
- Social referral companies may not charge a fee in excess of one thousand dollars ($1,000), or require contract period of two (2) years;
- The company is prohibited from requiring the buyer to purchase secondary services, or “ancillary services,” such as photo sessions, dating etiquette training, etc., as a condition for entering into the contract;
- Providing a minimum number of referrals per month if the company charges more than twenty-five dollars ($25); and,
- The distance which the purchaser is willing to travel to meet any social referral. The provider must have an established policy to address the situation where the purchaser moves outside the area it services. This policy must be explained in the contract.
Cancellation
The buyer may terminate the contract without paying a cancellation fee within three (3) days of receipt of the written contract. If the company fails to provide the minimum number of referrals for two (2) or more successive months, the buyer may cancel the agreement and receive a refund of all money paid to the company. However, the company may retain a cancellation fee of either fifteen percent (15%) of all money paid under the contract or a proportionate amount for each referral, whichever is greater. The company must return the adjusted refund within ten (10) business days of the receipt of the cancellation notice. The buyer can, at any time, put his membership on hold for up to one (1) year, or, if the buyer and seller agree on a longer period, for up to two (2) years.
The contract must provide the buyer with notice of the option to cancel. Additionally, at the time the contract is signed, the buyer must receive a completed “Notice of Cancellation” form which shall be delivered by certified or registered United States mail at the address specified in the contract.
Privacy
Unless the buyer gives express written consent, the seller may not divulge any of the buyer’s personal information, such as answers to questionnaires, photographs, or background information. Upon termination of the contract for any reason, the seller must promptly return all personal information to the buyer by certified mail.
Remedies
If any portion of the social referral service contract is violated by the seller, the buyer may file a complaint to the Attorney General to stop such violation or to receive compensation or damages. Damages are to be limited to one thousand dollars ($1,000) for each violation. In addition, a buyer who has been injured by a violation may bring an action in his or her name to recover actual damages or fifty dollars ($50) whichever is greater. Individuals wishing to file a complaint against a social referral/dating service should contact the New York State Attorney General’s consumer helpline at 1-800-771-7755.