(onlinedatingmagazine.com - June 14, 2007)

A lawsuit seeking class action status was filed against True.com on Tuesday, June 12, 2007, alleging fraudulent billing practices, particularly charging members after they have cancelled their service. The lawsuit was filed in Dallas County, Texas on behalf of Thomas Wong who resides in Washington and was a member of True.com in August of 2006. Wong was apparently continually charged for several months after he cancelled his membership with True.com.

The lawsuit, titled “Wong v. True Beginnings, LLC” is seeking class action status. The lawsuit was filed by Tycko & Zavareei LLP (based in Washington, D.C.) and Crews, Shepherd & McCarty LLP (based in Dallas, Texas).

“We allege in our complaint – and hope to prove at trial – that True.com engaged in a pattern and practice of charging fees to subscribers who had already cancelled,” Jon Tycko of Tycko & Zavareei LLP told Online Dating Magazine. “We also hope to expose and put a stop to True.com's use of their subscribers’ personal information and photographs, which True.com claims an absolute, perpetual right to use as it sees fit, even after subscribers cancel. We would be very interested in hearing from other True.com subscribers who have experienced post-cancellation problems, as well as from anyone else with information that might be helpful in exposing True.com's practices.”

The 25-page filing contains numerous allegations against True.com, including:

1) That True.com has knowingly and/or intentionally charged and collected money from people after they have cancelled their service and without their consent.

2) That True.com “deceives consumers by failing to inform them, via its marketing campaign, that the Company [True.com] continues to charge and collect monthly fees after cancellation.”

3) That True.com “sends false and misleading electronic mail messages to its former subscribers after the former subscribers have cancelled their accounts. The electronic mail messages that are sent by the Company [True.com] convey the message to the former subscriber that other True.com subscribers are interested in contacting the former subscriber via the Service. These messages are false and misleading. Upon information and belief, the electronic mail messages sent by the Company are not delivered due to interest in the former subscriber by other current subscribers. Instead, upon information and belief, the electronic mail messages are sent by the Company on behalf of fraudulent and/or non-existing subscribers.” The lawsuit points out that once a person responds to the email message, he/she is automatically reactivated as a subscriber without authorization, and again billed.

4) That in addition to the monthly fee of members, True.com was charging members $.99 a month for service from the “Coaching Center” and $2.99 for “live Chat” services. In its Terms and Services, True.com calls the three services, “separate product offerings that will be charged separately on your credit card if you do not properly cancel…”

5) That True.com placed a provision in its Terms and Services stating that members agree “not to dispute any authorized charge by True.com or its authorized agents” and that “if you fraudulently report the card used to obtain your subscription as stolen, or if you fraudulent report that an authorized charge by True.com or its authorized agents is unauthorized, you shall be liable to True.com for liquidated damages of One Thousand Dollars ($1,000.00) per incident”.

6) That despite advertiser that members can “cancel at any time,” True.com only allows cancellations via phone during specific hours and does not refund any money left in the subscription term. The lawsuit seeks to get refunds to those who are/become a part of the class action lawsuit, along with punitive damages, court expenses, and an order preventing True.com from continuing the alleged deceptive practices.

The lawsuit says that by billing and collecting money from members for subscription fees and other charges after they cancelled their accounts, True.com “has breached the fiduciary relationship and has benefited by fraud, duress, and/or the taking of an undue advantage, at the expense of consumers.”

The lawsuit alleges that in addition to deceiving consumers, True.com's practices also violate the Texas Deceptive Trade Practices and Consumer Protection Act. True.com is based out of Texas. The suit seeks a jury trial.

http://www.onlinedatingmagazine.com/news2007/lawsuitagainsttrue.html