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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37074
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Would I have a recourse action against a dating service I contracted

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Would I have a recourse action against a dating service I contracted with in 2007. The terms I agreed to were that I could have 36 dates (matches) over an unlimited time period of time. I had three dates the first year. I rejected another which was proposed to me and that did not count as a "match". During the course of these years my hip has deteriorated making it difficult to be very active or even to walk a far length. I notified the company and they changed my profile. It has been told to me over the last four years that no one is interested in being matched with me.
The company which was called "Together" has changed their name to "ELove" since I signed with them. They also moved from the local DC area to the Boston area. I wasn't notified of either change.
I deal with one woman only ("Kim"). When I asked to speak with her manager - she told me that she is the manager. Periodically, Kim sends me an email about how she's still looking for someone for me.
I paid $5695.00. . The Initiation feel of $1595 was included. It's hard to do the math but I only received 3 referrals.
Is this a breach of contract or discrimination? I really need help to retrieve some of my loss. I would like an opinion.
I am currently in Virginia still and am moving up to Vermont.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. PLease permit me to assist you with your concerns.


I must ask this question of you, and your answer will help me better figure out what your chances are in terms of claiming breach. Did the site, at any time, formally guarantee 36 meetings or dates, or did it simply state that they will not charge you for the first 36 dates beyond what you paid? Please advise.
Customer: replied 1 year ago.

Let me first explain that this is in a written contract. The vexact writing was:


"Member acknowledges that Company will provide Member a total of 36


referrals on an as AVAILABLE BASIS. The referrals shall contain names of persons in the files of Company and its affiliates most nearly compatible to Member as indicated in the material used by Company. A referral consists of Company providing Member with limited information regarding the referral on a form supplied by Company which is mailed to Member."


Does this answer your question?


Also, I will need to leave here at 2:30. In case we are not finished, please let me know when we may continue.

Expert:  Dimitry K., Esq. replied 1 year ago.

Amy,

Thank you for your follow-up. Yes, that absolutely does answer my question. The way the contract is written shows that they never directly guaranteed dates or meetings, simply that they will provide as many as 36 dates or meetings without additional expenses or obligations to you. That weakens your claim for potential breach of contract because they only promised you an opportunity and not a certainty for interaction. Furthermore, you've had this contract for about 6 years and they are still engaging with you for potential services--that likewise does not appear to be a breach.

The fact they changed their name is XXXXX XXXXX or important here, the new entity (or the old rebranded entity) is still communicating and providing you with services. My apologies, truly, but I really do not see a very strong case here for breach of contract.

Good luck.

Customer: replied 1 year ago.

Thank you for explaining their statements in the contract. What about the fact that I am now disabled and they are not able to find anyone who will go out with me?

Expert:  Dimitry K., Esq. replied 1 year ago.

Amy,

Thank you for your follow-up. You are most welcome. That does not change the contract--they are only required to assist you, but they are not required to find someone. That is the crux and language I was looking for, which therefore keeps them from being in violation or in breach if nobody wishes to meet you. That is not their obligation, their obligation is to make the effort for you and keep your information out there, but they cannot guarantee a date, especially when there is a change in circumstance on your end and not theirs.

I am sorry.

Customer: replied 1 year ago.

This is still part of my original question - are they discriminating against me because I have a disability and it feels like no one wants to be matched up with me?

Expert:  Dimitry K., Esq. replied 1 year ago.

Amy,

This is not discrimination. If an individual does not wish to meet with you for whatever reason, it is that individual's choice. The site cannot force their other members to go out with you, which is essentially what you are requesting by claiming that discrimination is taking place. It would only be discriminatory if because of your impairment the company stopped advertising you or stopped providing you with services, something that I do not see happening from your facts. Then I would be the first to suggest a suit based on these grounds. But your facts do not match that situation. The choice to meet is an individual choice, and not something the company guarantees. That is why it is neither breach nor discriminatory.

Good luck.

Customer: replied 1 year ago.

I appreciate your responses. I'm still disturbed about the cost and lack of results. You've explained the situation to me well enough. I guess they had a great lawyer to draw up the contract, too. Pretty much, you are saying that I won't have recourse.


Again, I thank you very much.


Sincerely,


Amy Vaughan

Expert:  Dimitry K., Esq. replied 1 year ago.

Amy,

You are most welcome, truly. I am sorry if the information is not quite as you hoped but I owe you a duty to provide you with the right answer even if not always the most favorable one for your situation. Please do not hold that against me.

If satisfied with my answer, please do not forget to positively rate my responses so I may obtain credit for my work. Thank you!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37074
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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