Stanfield

INTRODUCTION

13 Defendant matchmaking service moves to compel arbitration against the named plaintiff 14 in a putative class action brought under California’s Dating Services Contract Act.

STATEMENT

16 Jeremy Stanfield paid $3700 to Tawkify, Inc. to arrange six dates, two of which occurred 17 but not to his satisfaction. He sought to cancel the contract and demanded a full refund. After 18 obtaining only a partial refund, Stanfield filed the present suit, anchoring his claims in 19 California’s Dating Services Contract Act. Then he received a full refund. 20 Tawkify now seeks to compel arbitration of the matter. In signing up for the dating 21 service, Stanfield clicked on a box that said he had read Tawkify’s terms of use (TOS). The 22 TOS is ten pages long with substantive terms covering nine pages. In a section on the last page 23 entitled “Governing Law,” the second sentence provided: “As a condition of using Tawkify's 24 services, each user agrees that any and all disputes and causes of action arising out of or 25 connected with Tawkify, shall be resolved through arbitration, with such arbitration to be held 26 in San Francisco, California.” The TOS…