Anthony
Anthony v. Yahoo! Inc.
Opinion
Opinion
Whyte, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS
[Re Docket No. 31]
Robert Anthony (“Anthony”) has sued Yahoo! Inc. (‘Yahoo!”) for (1) breach of contract, (2) fraud, (3) negligent misrepresentation, (4) and deceptive and unfair practices under Florida Stat. § 501.204 et seq. (“FDUTPA”), (5) unjust enrichment, and (6) restitution. Yahoo! moves to dismiss all of Anthony’s claims. Anthony opposes the motion. The court has read the moving and responding papers and considered counsels’ arguments. For the reasons set forth below, the court grants in part and denies in part Yahooi’s motion.
I. BACKGROUND
Anthony alleges that Yahoo! offers two on-line dating services: Yahoo! Personals and Yahoo! Premier. First Amended Complaint (“FAC”) ¶ 13. The former is “for dates and fun,” while the latter caters to people looking for “loving, lasting relationships.” Id. at ¶¶ 14-16. Yahoo! represents that both services “will help the subscriber find better first dates and more second dates.” Id. at ¶ 17. Yahoo! advises users to be truthful and reserves the right to remove deceptive profiles, thus “giv[ing] all subscribers and potential subscribers a sense of confidence in…