eHarmony Class Action lawsuit sets up website

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Last 10 April, Californians Lynda Kelly and Miranda Soegi initiated a class action lawsuit on eHarmony for allegedly lacking a “scientifically proven system” for matching its members.

Lange & Koncius LLP, their counsel, set up a basic informational website www.eharmonyclassaction.com earlier this month. They were kind enough to link to one of our articles.

Class Action Complaint document, dated 9 April 2009
The Demand Letter sent to eHarmony, dated 22 May 2009, which formally listed their demands.
Sign up to the mailing list
Links to three blog posts and a forum thread

We’ll be posting our thoughts about the complaints in an article later this week. The case seems to be all about snake oil advertising and its resolution may be as simple as putting a “Individual results may vary. See site Terms and Conditions.” footnote in the company’s ad copy.

Consumerist.com: Consumerist news article on the phrase “Individual results may vary”.
EHB Op-ed: Class action lawsuit should signal a call to action for eHarmony

How to participate in the Class Action Lawsuit (highly simplified)

Step 1. Wait for the California court to “certify” this case.

Step 2. Sign up to the class action lawsuit mailing list. You need to be (a) registered in eHarmony before 10 April 2009 and (b) a resident of California.

Step 3. Wait for your notice in the mail. This document will explain what the Class is claiming and asks you whether you want to join that class. VERY IMPORTANT: You must reply to that notice within the given deadline.

If you don’t, it means you forego your participation in this lawsuit.
If you don’t, it also means you’re free to file a complaint of your own, but not necessarily “on your own.”

Step 4. The big wait. The lawsuit would go for months or years and there are three outcomes:

Step 5a. eHarmony proposes to a settlement and the proponents Kelly and Soegi agree to it. If there is a financial amount involved, then you will receive instructions on where to get your share. The class members (AND YOU) are prevented from filing another lawsuit with the same complaint.

Step 5b. The judge renders a decision and the class members win. The judge assesses damages and orders the company to provide restitution. You will receive instructions on where to get your share. The class members (AND YOU) are prevented from filing another lawsuit with the same complaint.

Step 5c. The judge renders a decision and the defendant wins. The class members (AND YOU) are prevented from filing another lawsuit with the same complaint.