McGinn Drops “Humiliating” Lawsuit Against Match.com

As was reported earlier in September, first Sean McGinn couldn’t handle rejection at Match.com. Apparently now he can’t handle the humiliation and ridicule as a result of his lawsuit – which he has apparently dropped. The Law Professor blog will have complete documents and an analysis of the Match.com reply to McGinn’s complaint (and amended complaint) as well as the memorandums of law.It appears that the “lovelorn” McGinn, who filed a $5 million class-action suit against Match.com due to his unanswered emails by Match members, has dropped the lawsuit due to an extensive “amount of ridicule” that he had to endure from “sensationalized media coverage.” His attorney, Norah Hart, reportedly wrote that this lawsuit “caused no end of personal distress for Sean and incited a firestorm of rancorous Web commentary that Sean found literally unbearable,” lawyer Norah Hart wrote. While many who have used online dating sites can certainly sympathize with “creative marketing”, it seemed that the “creative lawyering” in the complaint which sets new standards for dating distress despondency resulted in a barrage of mocking comments.

Interesting to note that, in addition to its reply, Match.com filed a motion to dismiss on the basis of a lack of jurisdiction of the New York Federal Court, claiming that the user agreement specifies that any disputes involved the Match.com web site must be litigated in the state of Texas. More upcoming on this case soon.

Michael M. Wechsler, Esq.

Internet / Mobile entrepreneur since 1989, Intellectual Property attorney since the mid 1990s, former in-house counsel at iVillage.com, Senior Vice President of Business Strategy at Zedge, Co-Founder of the IDT Internet Mobile Group, E-Discovery expert and legal consultant with Kroll Ontrack, and owner and operator of TheLaw.com

Michael M. Wechsler, Esq. – who has written posts on The Law Professor.


Comments

  1. Have there been any updates? Is this a class action suit that can go on without the original plaintiff?

    I’d love to talk with you in greater detail about your prior post on Match and some of the behind the scene things going on over there for your opinion. I think you had it mostly right in your prior post.

  2. I had problems with Singlenet and Match.com. Most resently Singlenet sent an inticer-email to a woman whom I had looked at on the lesbian-site. They allowed this woman to send a free email to me. The inticer-email is one in which the female asked for a photo. In the email I received, it clearly stated that I could email, only 1x for free; when I tried over and over it sent me to the price page. I contacted Singlenet over and over but they never agreed that they did this; and then SN erased my free-email offer. I then brought a 1 month subscription so I could contact this lady and find out if Singlenet allowed her 1 free email to me even though she was not a feature member; I found out that was true. I am flagged as a person who is willing to pay and have brougt a one-year subscription in the past. I did not renew because I started getting fake contacts. When I would notify SN about a fake profile they would still keep the fake pictures up but change all the personal info; on one profile called sharonmom the same original picture would have chilren and the updated version they would not have children, or the age of the fake profile would change by 20 years. I want to sue SN and match.com. I really want to meet someone, I am 59 years old and I have never been in a relationship; I never really knew exactly what I am attracted exactly until I was 50. The internet is the only chance I have of meeting someone at my age whom I am attracted to. I am only attracted to feminine women. Anyway is there someway I can sue them, they are just cheating people and are only interested in padding their pockets.
    I wil send another email explaining what happened this weekend with match.com.

  3. I signed up to match.com and found 7 personals that I wanted to respond to. First I sent out a wink; I waited a few days and I received 2-winks-back. In the terms of conditions; its states that if you want to correspond with anyone on the sight, you must become a member.
    I became a member and sent 1 email to the 7 personals that I liked. I waited a few days and nothing happen; so I brought an add-on that lets you see when your sent email has been read. Then I waited a few more days; I got no response, not even from the one that returned my wink.
    I started being suspicious and I went back to the sent emails to review; what I found is that match.com had erased my personal-email-address from all 7 emails and replaced it with with my userID@talkmatch.com. In some cases my last name was left in the email right before userID@talkmatch.com. My last name is part of my personal-email-address. Some of the operators took out my last name and others removed the personal-email-address completely; this leads me to believe that operators were asked to do this, otherwise it would be consistant, yet when I called for technical-help they acted like they do not know anything about this.
    So I have called match.com 3 days in a row; the first day I called to ask why they replaced my personal-email-address they told me that they do this for my security the first-time, and that I need to send the emails again. We’ll this was a straight-up lie. Before I called match.com to complain, I had prepared myself already by sending 4 emails each to the 7 profiles that I was interested in. In the 28 emails sent, 100% of the time my personal-email-address was erased and replaced it with my userID@talkmatch.com.
    I found that it takes match.com approximately 3 minutes to make the switch. That gave me enough time to send my-original-email to my personal-inbox, and enough time to go back and check the email I sent on match.com. I could do this in 2 minutes, but if you go check in 3 minutes my personal-email-address was erased and replaced.
    I was madder than hell; I called match.com the second-day, an operator tells me that the person I am emailing to has to be a member. Their policy does not state in clear words that both sides have to be members. Then I asked why you are asking me and the person I email to buy the add-on, talkmatch.com. If it is an add own, then it is not required, it should be a choice. I asked them why to you suggest I ask for a picture and then you remove my-personal-address? This is a conflicting statement.
    Then I had a discussion, about how they changed my email and altered it, by taking out my personal-email-address. I told them it is sneaky and deceptive. The person sending the initial email, should know up front, that their email will never be opened unless the receiving party is a member also. I would have never spent money if the policy stated this clearly; I understand and can read just fine. Is it fraud for someone to tamper with my personal email to a member, is this ever ok? I am as mad as hell and want to “sue their pants off”.
    This is the only dating-site where I have experienced this in 3 years. I called back today to get a refund and they said because I sent an email I cannot get my money back. This is absurd because some women who are being pursued first are waiting for you,not the other way around. More than likely I my emails will never be read because I pursued them first with a wink. Everything thing they do and say is nothing except lies and deception.