Massel

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL MASSEL, Case No. 23-cv-02389-PCP

8 Plaintiff,

ORDER DENYING MOTION TO

9 v. COMPEL ARBITRATION

10 SUCCESSFULMATCH.COM, Defendant. 11

12 13 Plaintiff Michael Massel bring this putative class action against defendant 14 SuccessfulMatch.com doing business as Millionaire Match.1 Mr. Massel alleges in his complaint 15 that Millionaire Match, the “largest millionaire dating service,” violated the Illinois Biometric 16 Information Privacy Act. Millionaire Match has moved under the Federal Arbitration Act to 17 compel individual arbitration of Mr. Massel’s claims, arguing that Mr. Massel agreed to 18 Millionaire Match’s Service Agreement and the arbitration provision therein when he created his 19 Millionaire Match account. For the reasons set forth below, the Court concludes that Millionaire 20 Match has not shown that Mr. Massel assented to its Service Agreement and its motion to compel 21 arbitration under that agreement is therefore denied. 22 I. Background 23 …