Wednesday, April 2, 2014

The 2nd UPDATE Match BIG lawsuit 2014

Please read before: UPDATE Match BIG lawsuit 2014 (February 2014)

Evan Spencer, who called the case “one of the biggest conspiracies ever executed on the internet”, presented a new version of the lawsuit you can read in these links:

Plaintiff MelTech, Inc. owns the rights to the Melissa Midwest and Melissa Harrington trade names and intellectual property, including copyrighted photographs featured in hundreds if not thousands of fraudulent profiles on Defendants' web sites over the past six years.  “This case will establish an important legal precedent regarding the limitations of Section 230 of the Communications Decency Act,” said Plaintiff's attorney Evan Spencer: “Internet service providers have used this law as a shield for virtually all of their conduct (generally defamation by third-parties) and Match claims it is a defense in the present case, but the statute clearly states that immunity is not afforded in cases of Intellectual Property or Fraud.” 

After the original lawsuit was filed on November 21, 2013 against IAC/Interactivecorp and Match, they released the following  statement: “The real scam here is this meritless lawsuit, which is filled with outlandish conspiracy theories and clumsy fabrications in lieu of actual or legal basis. We're confident that our legal system is as adept as we are at detecting scammers and will dismiss this case in short order.”  “In response to Defendants' statement, the amended complaint was filed on January 27, 2014, with approximately 50 examples of fake profiles on Match and People Media sites, including 3,000 examples of fake usernames, 5 examples of fake celebrity profiles, over 100 consumer complaints regarding fake profiles on Match, a press release from the FBI regarding romance scams, and over 200 pages of statutes, case law, and exhibits that supported the merits of the case,” said Mr. Spencer, “my clients and I have been contacted by numerous individuals and entities whose photographs have been used in fake profiles on Defendants' web sites (including a gentleman who appeared in a fake OurTime profile as recently as March 28, 2014).  While many other potential Plaintiffs or class members wished to join the case, all were concerned about their privacy being invaded further if their name was associated with a Federal lawsuit.  Therefore, it was agreed by all that proceeding on behalf of a single corporate entity at this time would be in everyone's best interests.”

“Judge Furman has established a briefing schedule, requiring Defendants' motion to dismiss be submitted by May 2, 2013, allowing Plaintiff until May 23, 2013 to submit opposition or a Third Amended Complaint in response (which would be the last allowed amendment if necessary), and allowing the Defendants until June 2, 2014 to respond.  We are confident that the judge will not dismiss the case and that discovery will confirm all of our allegations,” said Mr. Spencer, “a victory in this case will have a positive impact upon millions of consumers online and hold IAC and Match accountable for many years of wrongful conduct.”

Evan Spencer, says that despite the fact that anti-scammer technology is available, Match fail to use such things as face-recognition software – which would have discovered that her pictures were being used hundreds of times.

Recently U.S.A. Minnesota Senator Introduced Bill To Protect Users' Privacy On Mobiles.
but mobile concept is evolving, meaning tablets with Wi-Fi Network access and not necessarily smartphones.

Please pay attention to this big lawsuit against IAC (nasdaq IACI) because I think Evan Spencer will win the lawsuit and bring some kind of legislation to the Online Dating Industry. Remember last August 2011 when a U.S. Class Action Called Match a 'Scam' / More than 90% of potential dates are "phantoms," suit charged then Match had morphed its marketing campaign.

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