Extinction of ContractsDating Service Contracts

Section § 1694

Explanation

This law defines what a dating service contract is. It includes contracts with businesses that arrange dating or social introductions through exchanging information like names and phone numbers, photo or video selections, organizing personal meetings at their location, or providing a social setting similar to singles' bars. Furthermore, an online dating service is defined as any business offering these matchmaking services over the internet, such as through a website or app.

(a)CA Civil Law Code § 1694(a) As used in this chapter, a dating service contract is any contract with any organization that offers dating, matrimonial, or social referral services by any of the following means:
(1)CA Civil Law Code § 1694(a)(1) An exchange of names, telephone numbers, addresses, and statistics.
(2)CA Civil Law Code § 1694(a)(2) A photograph or video selection process.
(3)CA Civil Law Code § 1694(a)(3) Personal introductions provided by the organization at its place of business.
(4)CA Civil Law Code § 1694(a)(4) A social environment provided by the organization intended primarily as an alternative to other singles’ bars or club-type environments.
(b)CA Civil Law Code § 1694(b) As used in this chapter, an “online dating service” means any person or organization engaged in the business of offering dating, matrimonial, or social referral services online, where the services are offered primarily online, such as by means of an Internet Web site or a mobile application.
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Section § 1694.1

Explanation

This law gives people the right to cancel a dating service contract within three business days after signing it. To cancel, you need to let the service know by mail, telegram, in-person delivery, or for online services, by email. You can also stop a credit card payment by phone within these three days, but you still need to send a formal cancellation notice. The company must refund any money paid within 10 days of getting your cancellation notice. The cancellation notice doesn’t have to follow a specific format, as long as it clearly shows you don't want the contract anymore.

(a)CA Civil Law Code § 1694.1(a) In addition to any other right to revoke an offer, the buyer has the right to cancel a dating service contract or offer, until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase those services.
(b)Copy CA Civil Law Code § 1694.1(b)
(1)Copy CA Civil Law Code § 1694.1(b)(1) Cancellation occurs when the buyer gives written notice of cancellation by mail, telegram, or delivery to the seller at the address specified in the agreement or offer.
(2)CA Civil Law Code § 1694.1(b)(2) In the case of a dating service contract with an online dating service, cancellation occurs when the buyer gives written notice of cancellation by email to an email address provided by the seller. Additional electronic means of cancellation may be provided by the agreement or offer.
(c)CA Civil Law Code § 1694.1(c) Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid.
(d)CA Civil Law Code § 1694.1(d) Notice of cancellation given by the buyer need not take the particular form as provided in the contract or offer to purchase and, however expressed, is effective if it indicates the intention of the buyer not to be bound by the dating service contract.
(e)CA Civil Law Code § 1694.1(e) All moneys paid pursuant to any contract for dating services shall be refunded within 10 days of receipt of the notice of cancellation.
(f)CA Civil Law Code § 1694.1(f) The buyer may notify the dating service of his or her intent to cancel the contract within the three-day period specified in this section and stop the processing of a credit card voucher or check by telephone notification to the dating service. However, this does not negate the obligation of the buyer to cancel the contract by mail, email or other electronic means, telegram, or delivery as required pursuant to this section.
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Section § 1694.2

Explanation

This law requires all dating service contracts to be in writing, including those done online, with buyers getting a copy when they sign. The contract must clearly state that buyers can cancel within three business days without penalty. For online contracts, if the cancellation statement is prominently displayed as a separate paragraph, other display rules don't apply. The contract needs to list the seller's name and address clearly, and for online contracts, either the name and email address must be included for cancelation. Payments shouldn't last more than two years from when the contract starts; however, exceptions exist for contracts where service periods begin within six months and conclude within three years. Non-compliant contracts can be canceled by the buyer anytime.

(a)CA Civil Law Code § 1694.2(a) A dating service contract shall be in writing, which, in the case of an online dating service contract, may be an electronic writing made available for viewing online. A copy of the contract shall be provided to the buyer at the time he or she signs the contract, except that an online dating service shall not be required to provide a copy of the contract where (1) the contract is available through a direct link that is provided in a clear and conspicuous manner on the Internet Web site page where the buyer provides consent to the agreement and, (2) upon request by the buyer, the online dating service provides a PDF format or retainable digital copy of the contract.
(b)Copy CA Civil Law Code § 1694.2(b)
(1)Copy CA Civil Law Code § 1694.2(b)(1) Every dating service contract shall contain on its face, and in close proximity to the space reserved for the signature of the buyer, a conspicuous statement in a size equal to at least 10-point boldface type, as follows:
“You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller’s third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to:
_____ (Name of the business that sold you the contract) _____
_____ (Address of the business that sold you the contract) _____ .”
(2)CA Civil Law Code § 1694.2(2) Paragraph (1) shall not otherwise apply to an online dating service if the online dating service contract includes the statement in paragraph (1) in a clear and conspicuous manner in a stand-alone first paragraph of the contract.
(c)Copy CA Civil Law Code § 1694.2(c)
(1)Copy CA Civil Law Code § 1694.2(c)(1) The dating service contract shall contain on the first page, in a type size no smaller than that generally used in the body of the document, the name and address of the dating service operator to which the notice of cancellation is to be mailed, and the date the buyer signed the contract.
(2)CA Civil Law Code § 1694.2(c)(2) In the case of an online dating service contract, if the name of the dating service operator and the email address that can be used for cancellation appears in the first paragraph of the contract, in a type size no smaller than that generally used in the body of the document, the other requirements of paragraph (1) shall not apply.
(d)Copy CA Civil Law Code § 1694.2(d)
(1)Copy CA Civil Law Code § 1694.2(d)(1) No dating service contract shall require payments or financing by the buyer over a period in excess of two years from the date the contract is entered into, nor shall the term of any such contract be measured by the life of the buyer. However, the services to be rendered to the buyer under the contract may extend over a period beginning within six months and ending within three years of the date the contract is entered into.
(2)CA Civil Law Code § 1694.2(d)(2) In the case of an online dating service contract, if the initial term is one year or less, and subsequent terms are one year or less, paragraph (1) shall not apply.
(e)CA Civil Law Code § 1694.2(e) If a dating service contract is not in compliance with this chapter, the buyer may, at any time, cancel the contract.
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Section § 1694.3

Explanation

This law states that dating service contracts must include certain provisions. If the buyer dies or becomes disabled, they or their estate can stop payments for unused services and get a refund for prepaid services. A disability must be confirmed by a physician, and if it is expected to last less than six months, the service term can be extended for free rather than canceled. If the buyer moves more than 50 miles away and can't transfer the contract, they can also stop payments and get a refund, but they might incur a small cancellation fee. Online dating services must have features to promote safety, like safety tips and a way to report user behavior.

(a)CA Civil Law Code § 1694.3(a) Every dating service contract shall contain language providing that:
(1)CA Civil Law Code § 1694.3(a)(1) If by reason of death or disability the buyer is unable to receive all services for which the buyer has contracted, the buyer and the buyer’s estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in paragraph (4).
(2)CA Civil Law Code § 1694.3(a)(2) If the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer or his or her representative.
(3)CA Civil Law Code § 1694.3(a)(3) “Disability” means a condition which precludes the buyer from physically using the services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by the buyer. The written verification of the physician shall be presented to the seller.
(4)CA Civil Law Code § 1694.3(a)(4) If the physician determines that the duration of the disability will be less than six months, the seller may extend the term of the contract for a period of six months at no additional charge to the buyer in lieu of cancellation.
(b)Copy CA Civil Law Code § 1694.3(b)
(1)Copy CA Civil Law Code § 1694.3(b)(1) If the buyer relocates his or her primary residence further than 50 miles from the dating service office and is unable to transfer the contract to a comparable facility, the buyer may elect to be relieved of the obligation to make payment for services other than those received prior to that relocation, and if the buyer has prepaid any amount for dating services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer. A buyer who elects to be relieved of further obligation pursuant to this subdivision may be charged a predetermined fee not to exceed one hundred dollars ($100) or, if more than half the life of the contract has expired, a predetermined fee not to exceed fifty dollars ($50).
(2)CA Civil Law Code § 1694.3(b)(2) Paragraph (1) shall not apply to online dating services that are generally available to users on a regional, national, or global basis.
(c)CA Civil Law Code § 1694.3(c) In addition to any other requirements, online dating services shall also maintain both of the following features:
(1)CA Civil Law Code § 1694.3(c)(1) A reference or link to dating safety awareness information that includes, at a minimum, a list or descriptions of safety measures reasonably aimed at increasing awareness of safer dating practices.
(2)CA Civil Law Code § 1694.3(c)(2) A means to report issues or concerns relating to the behavior of other users of the online dating service arising out of their use of the service.
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Section § 1694.4

Explanation

This California law section lays out rules about dating service contracts. If a dating service contract doesn't follow these rules, it's not valid. A contract is also invalid if it's based on the company's deliberate lies or misleading ads. If a consumer is harmed by the company's actions, they can sue for damages and might get up to three times the amount of their actual losses, plus attorney fees. If someone had to make payments in installments but the contract ends, they can get money back for services they didn't use. Finally, consumers can't give up these rights, and any agreement trying to make them do so is invalid.

(a)CA Civil Law Code § 1694.4(a) Any contract for dating services which does not comply with this chapter is void and unenforceable.
(b)CA Civil Law Code § 1694.4(b) Any contract for dating services entered into under willful and fraudulent or misleading information or advertisements of the seller is void and unenforceable.
(c)CA Civil Law Code § 1694.4(c) Any buyer injured by a violation of this chapter may bring an action for the recovery of damages in a court of competent jurisdiction. Judgment may be entered for three times the amount at which the actual damages are assessed. Reasonable attorney fees may be awarded to the prevailing party.
(d)CA Civil Law Code § 1694.4(d) Notwithstanding the provisions of any contract to the contrary, whenever the contract price is payable in installments and the buyer is relieved from making further payments or entitled to a refund under this chapter, the buyer shall be entitled to receive a refund or refund credit of that portion of the cash price as is allocable to the services not actually received by the buyer. The refund of any finance charge shall be computed according to the “sum of the balance method,” also known as the “Rule of 78.”
(e)CA Civil Law Code § 1694.4(e) Any waiver by the buyer of this chapter is void and unenforceable.
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