Surrey

The critical issue in this appeal is whether someone who presents himself or herself to a business with the intent of purchasing its services or products, but becomes aware of that business’s practice of charging different amounts for such services or products based on gender and thereafter does not purchase those services or products, is aggrieved by that practice so as to have standing to sue for violations of the Unruh Civil Rights Act (Civ. Code, § 51 et seq.; the Act) and the Gender Tax Repeal Act of 1995 (Civ. Code, § 51.6; the Gender Tax Repeal Act). (All further undesignated statutory references are to the Civil Code.) In a case of first impression in California, we answer this question in the negative and adopt a bright-line rule that a person must tender the purchase price for a business’s services or products in order to have standing to sue it for alleged discriminatory practices relating thereto.

FACTUAL AND PROCEDURAL BACKGROUND

In November 2003, TrueBeginnings, LLC, began operating an online matchmaking service, True.com (referred to collectively with TrueBeginnings, LLC, and its parent company, HDVE, LLC, herein as TrueBeginnings). The service was very…