new york dating service consumer bill of rights - Had the contract set forth a minium number of referrals, the matter might require consideration of general business law § 394-c (4), which provides:"every contract for social referral service which requires payment by the purchaser of such service of a total amount in excess of twenty-five dollars shall provide that in the event that the seller of such service does not furnish to the purchaser the specified certain number of social referrals for two or more successive months the purchaser shall have the option to cancel the contract and to receive a refund of all monies paid pursuant to the cancelled contract with the exception that the seller shall be entitled to retain as a cancellation fee fifteen per cent of the cash price or a pro rata amount for the number of referrals furnished to the purchaser, whichever is greater. The required provisions omitted from the contracts establish a failure to comply with general business law § 394-c (3) (contracts above to state "specified certain number of social referrals per month"), subdivision (4) (contracts above to set forth client has "option to cancel the contract and to receive a refund" if minimum referrals not made), subdivision (5) (undertaking service provider will not reveal "any information and material of a personal or private nature" without client's written consent), subdivision (5-a) (granting client "unilateral right to place his or her membership on hold for a period of up to one year"), subdivision (6) (commitment of return to client of "all information and material of a personal or private nature acquired from a purchaser directly or indirectly including but not limited to answers to tests and questionnaires, photographs or background information . , the court considers whether it should exercise its judicial discretion to report the activity found to violate applicable law to appropriate governmental authorities, which in this [*6]case would be to the new york state attorney general's consumer fraud unit, as well as the new york city department of consumer affairs (general business law § 394-c  [c] ["in cities having a population over one million, the provisions of this section may be enforced concurrently with the attorney general by the director of a local or municipal consumer affairs office"]). Where, as here, the dating service does not assure it will furnish a client with a specified number of social referrals per month, the service may charge no more than (general business law § 394-c  ["every contract for social referral service which requires payment by the purchaser of such service of a total amount in excess of twenty-five dollars shall provide that the seller of such service must furnish to the purchaser a specified certain number of social referrals per month"]).
Consumer Bill of Rights.