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October 24, 2006
Posted by Dave Evans
Job hunting after college is exciting. Your first real job. But then, on the eve of finding out if you scored that plush job at that Forturn 500 company, you get an email from your head hunter saying you have been dropped from contention. Then they send you a list of Myspace and Facebook web links with photos of you 1/2 naked, drinking beer or smoking illegal substances.
Well yes, you were not so smart to fall into to voyeurism trap facilitated by social networking, but what to do next? Hint, the technical term is adjudication.
Pete @ Mashable does a nice job explaining Reputation Defender:
So what does it do? Well, ReputationDefender tracks mentions of you across various sites. They monitor a range of social networks including MySpace, Facebook, Xanga, Bebo and LiveJournal, plus blogs, news sites, media sharing sites like Flickr, Webshots, Photobucket and YouTube and many more sites across the web. They then send you a monthly update showing what they’ve found - if you’re a prolific blogger, that update could be fairly lengthy.
Opinity, Trufina (past and present clients) Rapleaf, iKarma and other companies are trying to come up with various business models to support the need for better online identity tools and services. ReputationDefender comes out of nowhere, off in their own niche, essentially betting that whatever services are launched to protect your identity, somewhere, someone will always screw something up.
Aggregation, protection and adding value to nets of personal data online is going to be a huge business. Several companies are looking for the secret sauce of service differentiation and finding a niche that works for their business models. If they execute well, Reputation Defender could own a significant chunk of the emerging reputation management market.
I wonder if they will have a dating-specific offering, for Truedater and the other rate-a-date sites.
I agree with Pete that I too would pay to stop people from republishing my blog content and wrapping it with Google ads. When you start to think about it, there are lots of services that ReputationDefender could launch.
Technorati Tags: reputation defender, reputation
Comments (1)
+ TrackBacks (0) | Category: Legal | Safety
October 4, 2006
Posted by Dave Evans
Lavalife, self-proclaimed "America's #1 Hookup Site", has joined the online dating magazine trend, launching LavalifeMagazine. Ho-hum I thought, another waste of resources better focused on getting new subscribers. Upon closer review, it seems their profile guru is called Profile Doctor, the name of the profile writing company I founded almost four years ago. To boot, it appears as though the profile section is a copy of a magazine article from a few years ago, Men's Health or Journal I believe.
While not legally protected via trademark law, I have to give Lavalife a failing grade when it comes to originality.
Cecil Chandless in the Lavalife legal department told me:
Lavalife has verified both the US and Canadian trademark registers and have found neither a registration nor an application for registration on the words “Profile Doctor”. For this reason and for other reasons, we do not believe we are infringing any trademark rights through our use of these words on a Canadian based site.
Legal or not, that sucks. Feels like a kick to the stomach. I'm not happy that America's #1 copycat is using a brand I spent countless hours and lots of money establishing. Lavalife should have come up with a more original name.
Technorati Tags: profile+writing, profiledoctor, trademark
Comments (2)
+ TrackBacks (0) | Category: Legal
September 8, 2006
Posted by Dave Evans
True.com is being sued for spamming in once case and trademark dilution, trademark infringement in another, along with co-defendants Spark Networks and Yahoo. I'm waiting to hear back from the Lawyers involved with both cases.
Technorati Tags: spark+networks, spam, true.com, yahoo+personals
Comments (14)
+ TrackBacks (0) | Category: Legal
August 16, 2006
Posted by Dave Evans
A reader is attempting to locate a professional association that supplies general liability and errors and omissions insurance to dating services. I would think the larger dating sites have insurance underwriters, is this the case?
This is not something I have spent a lot of time thinking about, and raises a lot of questions about what the dating industry as a whole is doing to protect itself from a legal standpoint. Leave a comment if you have any information to share on the topic.
Technorati Tags: insurance+underwriting, lawsuit
Comments (3)
+ TrackBacks (0) | Category: Legal
August 9, 2006
Posted by Dave Evans
Today I decided to search for videos tagged as "dating" on YouTube. After quickly tiring of Dating Advice on Threesomes and Dating Boot Camp I finally came across some talent, in this case Vince Vaughn, who "wants to make some bad decisions."
Continuing my troll through YouTube, I began to notice how people were inserting mentions of dating sites in their comments. Behold, the future of dating site affiliate marketing is the comment sections on viral video sites.
This is like annoying BuzzMarketing and people who have to mention brands just a little to often for comfort. Sure, comments will be worthless in a few years, but comment spam is today's great new marketing idea. Fire up Commission Junction, let's go make some money.
Webdate and americasdreamdate.com, seem to be spamming the most on YouTube. Webdate has what looks like legit videos but I found many comments like these:
That's a funny video you got there! You made good points on how to get good dates! But I think you should also try webdate dot com! It really worked for me. I met my partner there and we've been living together ever since. Check out webdate dot com and see for yourself!
"This video sucks! I seen much better videos on webdatedotcom. Guys there were much yummier and cute."
"DUDE THIS VIDEO IS AWSOME. I FOUND MORE OF THESE VIDEOS ON WEBDATE.COM. CHECK IT OUT"
"hahaha, that was freakin funny, I don't know what to say though, hey she looks like my girl from webdatedotcom"
I found this one on a clip of The Office where Michael is thinking of a username and comes up with "littlekidlover":
"yeah that's what you had in mind huh?? I wonder which site he was going to, was it webdatedotcom??
Clever, almost.
Americasdreamdates is doing marketing on viral video sites, but I assumed that would be through the actual creation of videos, not comment spam. Here is their YouTube profile.
"hey clinton - upload your video to americasdreamdate.com - it's a lot better and a lot more fun."
I even found a video for Online Personals Watch, it's a video of a kid, strange.
Match's UK commercials are on there as well. Courtesy of jamesduggan. The ads promise a free six month subscription if you don't find someone special during the first six months. I wonder if James works for Match PR?
Perhaps it's time for dating sites to take some of their search engine advertising money and put it into a few viral videos. Certainly more engaging and fun to watch than regular dating site ads and who knows what the outcome may be.
Technorati Tags: youtube, viral+video
Comments (1)
+ TrackBacks (0) | Category: Legal | audio&video
Posted by Dave Evans
Lawless Luvoo.com: Missouri residents on the Do Not Call list are receiving telemarketing calls from dating site Luvoo.com. Reader Renaldorv says I have been living under a rock, that Luvoo is not the real deal. I put Luvoo and Mate1 in the same category. Site that will be around for a while, but how good are they when it comes to getting yourself off the dating market? Fads people, fads.
Measuring Dating Site Success By Active Users: Markus says that of the top 50 dating sites there are only three free sites? This bears looking into, difficult to believe. Let's talk metrics. How about the number of active users logged into the website, averaged month-to-month. Now if we can get other large-scale sites to measure the same way we may have something along the lines of apples-to-apples comparison. For niche sites this won't work. How to measure their success?
Look at JD Power and Associates. Sterling brand, highly respected, solid results. Why can't we get this level of accuracy and truth when it comes to measuring website attributes?
Bill Tancer (blog) @ Hitwise, stats gurus at Comscore and Alexa. Go take a vacation together for two weeks somewhere with limited cell service and lots of umbrella drinks and figure out a decent measurement algorithm.
I"m beginning to like what I see from some Keynote more and more, although even they have troubles with rankings (LoveHappens as the "darling of the online dating industry?). Clearly no one system is enough. To that end, I propose a mashup of Hitwise for real-time data, Keynote for customer satisfaction rankings, Comscore for deeper five-figure research papers, and either Google Toolbar or some other equivalent for user tracking.
Social software coverage at the Social Software Blog has moved to the Download Squad. Looks like that's the end of that.
Mark Brooks is starting a site for internet dating affiliates. While I question the need for yet another site dedicated to educating affiliates, my hat goes off to anyone who can raise the clue density amongst affiliate managers and the countless lazyweb people who throw up affiliate-driven dating site review. Almost every one I've ever seen has been awful. Weak category structure (don't put eHarmony in every category for crying out loud), bad UI and cheesy Adwords.
Dating site affiliate marketing is in a sad state of affairs on both ends. How about raising the bar with well-designed websites, helpful content and edutainment for consumers? One last thing, if you are an affiliate with a few dating sites, don't just list the ones that make you money. That's not a directory it's a waste of people's time.
True is touting the fact that Hitwise calls them the #1 dating site. Nice marketing exercise if it were remotely True.
Webdate Desktop Application: Actually, it's an Agent. Message, Instant Message, & Search other singles in your area. I'm glad it "Sits snugly in your windows taskbar." Download.
Hottest Dating Sites Based on Religion, Ethnicity: MarketingVox says some niche dating like JDate, Shaadi.com or Naseeb.com are thriving.
I was featured in a English as Second Language DVD last year, just put the clip up on Youtube. I will probably regret posting this link but I've been quiet all week and you need something to laugh at. Talk about a bad hair day.
Technorati Tags: affiliate marketing, online dating, social software
Comments (3)
+ TrackBacks (0) | Category: Dating Site | Finance | Legal | Marketing | Research | Traffic | innovation | niche
August 1, 2006
Posted by Dave Evans
Lot's of interest in the Friendster patents. Mark Brooks thinks they will come back, this time with yet another management restructure. I don't know Kent Lindstrom, Friendster's president and original investor/advisor, but just what is he bringing to the table this time around besides a playbook written by Myspace or media deals? How many strategy revisions how much money does it take to get it right? Shift the demographic focus to 12-16 year olds, Friendster for seniors? Even more ads?
I think a comeback highly unlikely. All indications are that this will play out in courtrooms, not Alexa rankings. It's sad Friendster has no other option than litigation. Not very friendly after all.
Full WSJ story.
Technorati Tags: friendster
Comments (1)
+ TrackBacks (0) | Category: Legal
July 14, 2006
Posted by Dave Evans
Friendster's recent attempt to patent social networking has elicited remarks from industry insiders that range from "who cares" to careful dissection of the patents' wording. Friendster's June 27 patent refers to a "system, method, and apparatus for connecting users in an online computer system based on their relationships within social networks." BusinessWeek has more.
I knew some of the guys at Sixdegrees.com when they were building the site in Silicon Alley in the mid-90's. Sixdegrees earned a patent in 2001. Tribe.net founder Marc Pincus, purchased that patent at an auction in 2003. Pincus and Reid Hoffman, founder of LinkedIn, formed a limited partnership without Friendster founder Jonathan Abrams, in order to purchase the so-called "Six Degrees" patent for $700,000. Here's more on their fallout.
I like the Friendster service, don't get me wrong. There was a time when it was a fun place to be and I'm sure after a few more lifecycles it will get some of it's mojo back. For the meantime, I'm taking down my Friendster profile because it's been languishing for about a year, hardly any pageviews and everyone I know is on Myspace or LinkedIn now. I simply can't justify continuing to maintain multiple social networking profiles and I need contacts and consulting work more than I need new friends.
I'm still waiting for the social networking site for 30-somethings, somewhere between Myspace and LinkedIn. Where is it?
Technorati Tags: friendster
Comments (1)
+ TrackBacks (0) | Category: Dating Site | Finance | Legal | social networking | startups
July 11, 2006
Posted by Dave Evans
BoingBoing says:
MySpace users are being tricked into installing adware on their PCs through embedded video links that appear in "friend" profiles, according to several blog reports today. Clicking on the "play" button in certain videos may mean you've just consented to install Zango's (180 Solutions) adware.
While it was only a matter of time before this happened, it's still depressing. I get enough Myspace crap already, at least it's all on the site and not email spam, yet.
Once Zango figures out Friend Trains, it's going to get really ugly. My friend requests are already 99.9% pr0n already. At least there are no Mac spam toolbars yet.
Technorati Tags: adware, myspace, spam
Comments (2)
+ TrackBacks (0) | Category: Legal
June 16, 2006
Posted by Dave Evans
MarketingVOX says the lawsuit was filed in federal district court in Colorado by JP Enterprises, which runs online dating service lovecity.com. The suit alleges that Yahoo and the others of bidding on "lovecity," "lovecity.com" and "www.lovecity."
Technorati Tags: lovecity
Comments (0)
+ TrackBacks (0) | Category: Legal
May 8, 2006
Posted by Dave Evans
A media outlet is looking for a legal expert knowledgeable about the Violence Against Women Act. Contact me at relaxedguy at gmail dot com if you fit the bill and I'll pass your name along.
Technorati Tags: vawa
Comments (0)
+ TrackBacks (0) | Category: Legal
April 21, 2006
Posted by Dave Evans
Declan McCullagh at CNET says:
Web site operators posting sexually explicit information must place official government warning labels on their pages or risk being imprisoned for up to five years, the Bush administration proposed Thursday.
The Bush administration's proposal would require commercial Web sites to place "marks and notices" to be devised by the Federal Trade Commission on each sexually explicit page.
Replace Bush with Herb Vest and this sounds quite familiar to the dating site legislation that has been slowly making it's way through the courts, and almost as untenable.
Every web page with pr0n on it labeled, take about unenforceable. Dems tried this with PICS in the mid-90's, at least that was based on browser filters and not FCC-mandated badges on every page. Doesn't the GOP know about meta-tags?
The net is too large, borderless and out of control for this to ever happen. Addressing "lascivious exhibition of the genitals" is not going to raise approval ratings either. Sounds like this is all about mandatory data retention regimes, which is related to the Patriot Act. "Lets force ISP's to retain and store user data so we can track people illegally under the auspices of fighting pr0n."
In January, the FBI told a senate panel Thursday that no more new laws are needed to deal with online child pornography.
Technorati Tags: content labeling
Comments (0)
+ TrackBacks (0) | Category: Legal
March 28, 2006
Posted by Dave Evans
Eharmony is being sued for $12,000 by a guy who tried to sign up for the service when he was legally separated but not technically divorced for another two months, a no-no according to the popular relationship service.
Take a look at the fine print on Harmony's terms of service. They clearly fail to clarify the definition of the term married.
2. Marital Status. By requesting to receive matches from the Service, you represent and warrant that you are not married.
Talk about ambiguous. The TOS don't address the plaintiff's situation, technically legally separated.
When it comes to liability and paying up, Eharmony dedicates several paragraphs to the details and particulars.
In my mind this guy actually has a shot at winning. I would be upset if I spent two hours on a profile only to be rejected at the end because of a lack of clarity on the part of the service.
For eHarmony, it's simple to fix and make the problem go away, unlike the legal issues surrounding Match.com's 3-day refund debacle.
Technorati Tags: eharmony
Comments (8)
+ TrackBacks (0) | Category: Legal | eharmony
March 22, 2006
Posted by Dave Evans
A woman has posted a bug for the Firefox browser because it alerted her to the fact that he had been visiting dating sites during their engagement.
Basically, we share one computer but under separate Windows XP user accounts. We both use Mozilla Firefox -- well, he used to use it more than I do but now we don't really use it. The privacy flaw is this: when he went to log-in under his dating sites (jdate.com, swinglifestyle.com, adultfriendfinder.com, etc.), Mozilla promptly asks whether or not he'd like Firefox to save the passwords for him. He chose never, obviously. However, when he logged off his user account, and I logged onto my Windows XP account X amount of days later, I decided to use Firefox because hey -- it loaded everything much more efficiently, was better to work on with website designs and is a lot more stable than IE7beta2.
Firefox prompted whether or not I'd like it to save my password for logging into my website. I chose never and changed my mind. I went into the Password Manager to change the saved password option from Never to Always and that's when I saw all these other sites that had been selected as "Never Save Password." Of course, those were sites I had never visited or could ever dream of visiting.
Then I realized who, how and what... and sh*t hit the fan. Your browser does not efficiently respect the privacy of different users for one system.
Talk about busted!
Technorati Tags: firefox
Comments (2)
+ TrackBacks (0) | Category: Legal
March 9, 2006
Posted by Dave Evans
A Temporary restraining order against the U.S. Attorney General and the Justice Department from enforcing the International Marriage Broker Regulation Act of 2005 (IMBRA) against an broker in Georgia was issued by the United States District Court for the Northern District of Georgia in Atlanta.
More in comments.
Technorati Tags: imbra
Comments (13)
+ TrackBacks (0) | Category: Legal
March 1, 2006
Posted by Dave Evans
One of the attorneys representing the class in the suit against SpringStreet Networks wrote to clarify the relationship between points and credits under the settlement.
For all purposes relating to the relief provided through this settlement, a class member's right to transfer or receive credits includes the right to transfer or receive points at Springstreet's normal conversion rate of 200 points per credit. Thus, if a class member elects to transfer 10 credits and is currently on a points system, he or she will be deemed to have transferred 2,000 points. Similarly, if a class member elects by choice or default to receive extra credits, and is currently on a points system, he or she will receive 200 points for each credit to which he or she otherwise would be entitled.
Technorati Tags: springstreet+networks
Comments (0)
+ TrackBacks (0) | Category: Legal
February 28, 2006
Posted by Dave Evans
I'm looking for a list of the dating services affected by the passing of the International Marriage Broker Regulation Act. How are these sites officially categorized? If a site is global, is it affected, or is it limited to sites the specifically cater to individuals looking to import mates from outside the US? Do regulators have a comprehensive list of sites they are keeping tabs on or is it a "we'll know it when we see it" situation? Email me at devans at corante dot com or leave a comment if you have any thoughts on the matter.
Technorati Tags: imbra
Comments (3)
+ TrackBacks (0) | Category: Legal
February 27, 2006
Posted by Dave Evans
From Rich Gosse, founder of the International Association of Dating Websites:
It is my sad duty to inform you that the International Marriage Broker Regulation Act (IMBRA) was enacted by Congress and signed into law. It will go into effect on April 1, 2006. This law will be disastrous to those dating services that specialize in matching foreign women to American men as their primary business. The law requires mandatory criminal and marital background checks be performed on each American man, and that each foreign woman must receive and approve of this information before her email address can be released. There are probably hundreds (if not thousands) of mainly mom and pop businesses in the U.S. that will now go under because of this ill-sighed legislation. Many of them were barely surviving before this draconian measure was approved by Congress. Please note that this legislation goes far beyond the legislation proposed by True.com that requires that online dating sites either do background checks or publish on their home pages, in large letters, that do not perform these checks. IMBRA makes these checks mandatory. If you own a dating website that does not specialize in foreign women meeting American men, you can relax, for now. IMBRA doesn't affect you immediately. But this is just the first step in a very strong push nationally to mandate that all dating companies, including dating websites, require these expensive background checks. It is interesting to note that the giant online dating websites in the U.S. did not fight this legislation, since they were able to place an exception for them into the bill. This is very short-sighted. IMBRA is just a "foot in the door" of a concerted plan to require all dating services and websites to do mandatory background checks. To paraphrase Ernest Hemingway, "Ask not for whom the bell tolls--it tolls for everyone in the dating industry." We lost this battle. Let's not lose the war. I urge all of you to write to your representatives in Congress and President Bush asking for the repeal of IMBRA. Citizens Against Dating Discrimination (CADD) is leading the charge. You can visit them at www.online-dating-rights.com.
For more info.
Technorati Tags: legislation
Comments (6)
+ TrackBacks (0) | Category: Legal
February 26, 2006
Posted by Dave Evans
A friend IM'd me last night and asked what was up with this, which appears to be a class action lawsuit against SpringStreet Networks. The NY State Court system documents pertaining to the lawsuit reveal:
All natural persons who paid money to subscribe to a personals website owned or operated in whole or in part by Spring Street at any time during the period from September 7, 2001 to March 23, 2005, inclusive. There are 473,717 people fitting this class definition. Plaintiff Caleb McArthur alleges that Spring Street failed to provide in its subscription agreements: (a) that subscribers are permitted to cancel the subscription agreement, and receive full refunds if they do so within 3 days after execution of the subscription agreement; (b) that subscribers are permitted to place their memberships on hold for up to one year; (c) a “Dating Service Consumer Bill of Rights”, setting forth customer rights under New York law; and (d) a “fair and reasonable policy for the situation in which a purchaser moves to permanently reside at a location outside the service area” of Defendant.
Plaintiffs claim that Defendant entered into 473,717 such contracts.
People can choose EITHER the right to transfer up to fifteen (15) unused credits you have already paid for to another person OR you can receive new, fully transferable credits from Spring Street in an as yet undetermined amount. 40,000 or fewer class members elect this option, then you will receive twenty-five (25) new credits. If more than 40,000 class members elect this option, then you will receive credits equal to one million (1,000,000) divided by the number of class members selecting this option.
First question, is a credit a point? Why are they talking about credits, the old Spring Street payment chit, when the new FastCupid operates under a points system?
I never got an email about this, too bad. Looks like more info will be available after Feb 28th.
In looking up the credits info on FastCupid, I learned that if you spend 100 points a day you become a featured member on search page or that if you spend 2000 points you get your profile highlighted for one month.
Technorati Tags: fastcupid, springstreet
Comments (1)
+ TrackBacks (0) | Category: Legal
February 23, 2006
Posted by Dave Evans
One House in one state, still a long way to go. It is expected that a few states will pass the law, regardless of how difficult it will be to enforce. At this point, what does it matter if it passes in all 50 states? Does anyone besides dating site operators really care or show concern? The answer is clearly no.
Reminding people that they could be hurt on the home page of a dating site is going to hurt the industry like tobacco warnings hurt tobacco sales. Why would dating sites instill fear into their potential customers hearts and not actually do anything about it?
I find it confusing that dating sites don't have to actually perform background checks, just state whether they offer them or not. Seems like a 1/2 measure. To have any effect, the bill would have to mandate that all dater undergo background checks. This will of course never happen because free and paying customers wouldn't stand for it.
This is good news for background check providers as background checks will become the basis for real VIP levels of service on dating sites, not just higher prices or a more detailed profile, which add little to the overall value of the experience.
Technorati Tags: legislation
Comments (0)
+ TrackBacks (0) | Category: Legal
February 15, 2006
Posted by Dave Evans
Representative John Bradley of Illinois has introduced the Internet Dating Disclosure and Safety Awareness Act.
Requires an online dating service provider offering services to residents of this State to disclose clearly and conspicuously, to any member who provides a billing address or a zip code in this State when registering with the provider, that the online dating provider either initiates a background check of felony and sex offense convictions on each member prior to permitting any member to communicate with a member in this State or that the online dating service provider does not initiate such a background check.
If a dating service allows felons and sex offenders, they have to have a scarlet letter on their profile and in any communication with other members. No problem having criminals on dating sites as long as the site announces it performs background checks. Bizarre.
I'm not clear on how intra-state or worldwide communication between members is being addressed. And why are ISP's with less than 1,000 members exempt when right above that, all ISP's are exempt?
Technorati Tags: safe+dating
Comments (11)
| Category: Legal | Safety
January 31, 2006
Posted by Dave Evans
The International Marriage Broker Act of 2005 goes into effect March 5. It focuses on abuse protection for immigrant women entering the U.S. on K Visas.
The act passed on a voice vote as it was attached to the Violence Against Women and Department of Justice Reauthorization Act of 2005. The vote occurred after hours before Christmas weekend.
The fine print leads me to believe that the act was rushed, biased and questionable in intent. Mandatory background checks are part of the act, to be mediated by marriage brokers. While this is a good thing, editorials against the act clearly state that such checks will bog down the system, hurting paying customers' chances due to the potential scarlet letters these background checks will unearth. I'm all for disclosure, but there is a big difference for getting popped for a DUI than going crazy with an axe.
I think this act was not the most effective way to go about addressing the protection of foreigners visiting potential spouses in the US. That said, my take is that many "foreign bride" companies are scams or downright illegal. Such is the unsavory reputation of that sector of the industry.
Attaching the act to the Violence Against Women act was a sharp tactical move. How come True.com didn't latch onto the bill?
More details on the Act at the International Marriage Broker Law Blog.
Technorati Tags: violence
Comments (5)
+ TrackBacks (0) | Category: Legal
December 16, 2005
Posted by Dave Evans
The dating site fraud allegation saga continues. Indirectly, they hurt the entire industry. Worst case scenario prediction, they settle out of court with a people duped by a supermodel photo at a time when they were most vulnerable. If it comes to a class-action lawsuit, maybe a few million people get a free month extension on their existing dating site. What does that cost a major dating site? Electricity and bandwidth. 30 days later, we're back where we started.
Companies that offer background checks have been trying to get dating sites to offer their background check and authentication services to the online dating industry for almost two years now. The industries resistance (costs, integration, fear of being first) has hurt everyone, from other dating sites to, most importantly, the consumer who puts that $20 a month in their coffers.
It could be that all that's required is a more stringent signup process, including verification, or perhaps dating sites will take a look at social networking to see where they should be headed. Otherwise, the progenitors of Myspace will continue to usurp members at an alarming rate. Soon enough, dating sites may be perceived as virtually indistinguishable from social networking sites.
All dating sites contain a certain number of fake profiles. They are either placed by the service, directly by first-person scammers, or indirectly as in a dating agency scam. How will lawyers identify the origin of "fake" profiles? this is much more difficult than I previously thought.
Dating site A contacts members at the end of their membership cycle via fake profiles, with the goal of extending your membership. Clearly, this is fraud. To be sure, any dating site unethical enough to put up fake profiles or otherwise deceive customers deserves the wrath of Elliot Spitzer. As if consumers weren't down on online dating already.
Russian dating agency B, which take money from women and posting their photos on dating sites without their knowledge, then demanding exorbitant fees from American men to contact them, clearly is committing fraud.
This type of fraud is incredibly difficult to identify.
Dating site C has scammers directly posting all varieties of fake profiles, and continues to defraud members of the site via various scenarios.
Type B and C scammers will always remain one step of the dating sites. The fraud may occur farther down the timeline, but it always does. Some things will never change.
Dating site D contacts people at the end of their membership extolling the virtues of the service, asking them to stick around, surveying them to find out what went wrong and suggesting solutions that outweigh leaving the service. Not as part of a "We're sorry to see you go" form letter but a more dynamic form of communication, perhaps in the form on IM's, emails or even clearly-identified employee profiles (again, acting as community monitors. chat rooms have done this for years.)
Why aren't they more proactive about keeping their members happy and content? Because until now, no one cared. As long and the burn & churn rate keeps 2k-10k people signing up a day, the site is making money, either from advertising or subscriptions.
At iDate you will find several companies entering the online dating space who are going to force the old guard to change how the run their service and treat customers. New dating sites that take advantage of the new way of dating will have a tremendous effect on the bottom lines of dating sites large and small.
[tags: dating+fraud]
Comments (12)
+ TrackBacks (0) | Category: Legal
December 9, 2005
Posted by Dave Evans
Pr0n-meistress Violet Blue says:
Tribe.net is *voluntarily* applying the 2257 laws to itself -- its members, the tribes and the very architecture of Tribe itself. Federal law 2257 now requires website owners to keep *physical* records documenting, among other things, that "a book, magazine, periodical, film, videotape, digitally- or computer-manipulated image, digital image, picture, or other matter that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct" is over the age of 18. Visual depictions *after* 1990, mind you.
According to Blue, 2257 would prohibit *everyone* in the US from seeing images such as the prison photos from Abu Ghraib. The law is so broad, it can include bloggers, publishers, television and Hollywood. A political or human rights tribe would be wiped off the Tribe.net map for failing to conform to the laws, by including an Abu prison photo in their photo album.
If this is all correct, does that mean that all dating sites would need to keep track of the ages of all it's members and all of their photos? Yahoo Personals asked me for my birthday yesterday, perhaps that's part of the new law.
Full text of the law. Link to quote may not be work-safe, Google her.
[tags: 2257, obscenity, trib.net]
Comments (1)
+ TrackBacks (0) | Category: Legal
Posted by Dave Evans
Robin Hamman blogs about the Match date-baiting lawsuit. He's done some Googl'ing and dug up a photo of Autumn Marzec, who's sworn statement confirms she has never been an employee of Match.com, nor was she ever paid to go on dates with any members or subscribers. Not to pull a Druge Report, but Robin outlines a few scenarios that the mainstream press haven't followed up on. Gelf Magazine has even more.
[tags: autumn+marzec]
Comments (14)
+ TrackBacks (0) | Category: Legal
November 29, 2005
Posted by Dave Evans
I've been receiving a lot of information about the lawsuit alleging that Match has posted fake profiles on it's site. It's shaping up to be quite a story, which I will share more of shortly.
In the meantime, here's a link to a PR Newswire story which says that the alleged Match employee named in a separate suit has provided a sworn statement that confirms she was never employed by Match.com.
Kristin Kelly, spokeswoman for Match.com:
We are exposing this suit for what it is -- a cynical attempt to impugn the good name of Match.com, at the expense of the millions of quality single people who have entrusted their emotional futures to us. Rest assured that Match.com intends to fight back against this totally baseless attack with all of our resources."
What a colossal waste of time and money. Embarrassing, really.
[tags: legal, match.com]
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November 18, 2005
Posted by Dave Evans
On Monday I'll be on Marketplace talking with Ashley Milne-Tyte about the class-action suits against Match and Yahoo. Check your local public radio listings for times and I'll see if I can link to an MP3 podcast of the interview.
[tags: marketplace]
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Posted by Dave Evans
I came across a press release stating that "Match.com, a unit of IAC/Interactive Corp., is accused in a federal lawsuit of goading members into renewing their subscriptions through bogus romantic e-mails sent out by company employees. In some instances, the suit contends, people on the Match payroll even went on sham dates with subscribers as a marketing ploy."
H. Scott Leviant, a lawyer at Los Angeles law firm Arias, Ozzello & Gignac LLP, which brought the suit:
"This is a grossly fraudulent practice that Match.com is engaged in...Match promotes the policies of integrity to protect members, and yet they themselves, we allege, are misleading their entire customer base."
In a separate suit, Yahoo Inc. (Nasdaq:YHOO - news)'s personals service is accused of posting profiles of fictitious potential dating partners on its Web site to make it look as though many more singles subscribe to the service than actually do. Yahoo is accused with breach of contract, fraud and unfair trade practices.
Yahoo posting fictitious profiles? If they are responsible for all the fake Russian bride profiles on the site, they certainly deserve to be raked over the legal coals. But for some reason, I have a difficult time thinking Yahoo is responsible for the fakery.
The Match suit plaintiff claims a Match employee went out with him to make sure he didn't cancel his subscription. Talk about viral marketing! This is a classic, however I would be shocked if the allegations are true. Come to think of it, if I were a Match employee out on brand-oprtecting viral dating, I'd be asking for some serious overtime.
They would do better to leave the viral marketing to the experts and hire BzzAgent to have their bevy of "associates" out and about talking up the dating services instead of using company employees after-hours.
The news is sure to give legal counsel at major dating sites something to think about over the weekend.
The release mentions RICO, the organized crime-fighting tool as a possible legal tool.
[tags: match.com, yahoo personals]
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November 10, 2005
Posted by Dave Evans
It was only a matter of time. True.com made it's name as a website dedicated to safer dating. Now, it's fighting to keep a convicted sex offender off it's site.
True reportedly took quick action, reporting the offender to the authorities and filing a suite against him. The get around to mentioning that the offenders profile was removed from the site 3/4 through the press release, and this was reported via Brooke Benson, who reportedly has seen the lecherous creature on several other websites.
True being True, takes a swipe at Eharmony by fabricating a quote from Ms. Benson stating she felt that eHarmony was not "aggressive enough" when it came to dealing with a sex offender on eHarmony.com.
This is the one they caught, who knows how many others are on True.com or any other website. I would guess thousands.
Vest wants to "See convicted felony records opened to the public in all jurisdictions to better protect our consumers and our children." I hope he means for sexual predators and not run of the mill B&E or lesser crimes.
Press release
[tags: safety]
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September 22, 2005
Posted by Dave Evans
Jdate, part of the Spark Networks dating site network, is being sued by one Soheil Davood, who claims he was taunted by an automated message telling him that he was rejected when he called a women he met on the site. Suing over a stinging practical joke is one thing, the embarrassment of being ridiculed in the national media for not having a sense of humor is another.
Spark needs to do some damage control, probably pay the guy off to make him go away, but what a precedent to set, especially with the Spark Networks IPO on the front burner. I would be surprised if this sort of thing was not covered in the JDate Terms of Service.
[tags: jdate]
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August 16, 2005
Posted by Dave Evans
Yahoo has filed a patent titled "Method and system for customizing views of information associated with a social network user."
snip...
A method, apparatus, and system are directed towards managing a view of a social network user's personal information based, in part, on user-defined criteria. The user-defined criteria may be applied towards a user's relationship with each prospective viewer. The user-defined criteria may include degrees of separation between members of the social network, a relationship to the prospective viewer, as well as criteria based, in part, on activities, such as dating, employment, hobbies, and the like. The user-defined criteria may also be based on a group membership, a strength of a relationship, and the like. Such user-defined relationship criteria may then be mapped against various categories of information associated with social network user to provide customized views of the social networ
Markus sez:
Basically users can select types of users they do not wish to see in search results and then the system automatically filters on that in the future. So when your logged into the site you search based on a subset of the database according to what the user specified and not the whole site. I believe other sites started doing this but that was after April 26, 2004 so if yahoo wanted to enforce the patent once granted they would have to pay, i've been doing it for over 4 years so they couldn't do much to me.....
Tip of the hat to anyone who can further decipher the rest of the claim, which made my head spin just scanning it.
Link to patent application.
[tags: Yahoo]
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July 31, 2005
Posted by Dave Evans
Looks like there are many changes to the Consumer Protection act for Ontario. Any Canadian dating sites want to weigh in about the effects the new rules have on their sites and how they transact business with customers?
[tags: molson]
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May 28, 2005
Posted by Dave Evans
A woman is suing Yahoo! for $3 million over the fact that they didn't remove nude photos of her that her ex boyfriend posted on several free Yahoo! profiles site. Not personals, profiles. Yahoo has millions of them, you get one for free if you sign up for any sort of Yahoo service. After posting her work details and emails address, men started showing up thinking they were going to have relations with the woman. Her ex also impersonated her in Yahoo! chat rooms.
The woman sent Yahoo a letter in January saying she did not create the profiles and wanted them removed. Additional attempts to get Yahoo to remove them in February and March did not get a response, the lawsuit claims.
We're going to see more and more of this sort of thing as blogs become more popular. Post a photo of your ex and tag it with "myex" and Technorati picks it up within minutes. How in the world are hosting services like TypePad and Blogger going to figure out if a post or photo is legitimate?
Eight out of the last 10 women who contacted me on Yahoo! were prostitutes or Baltic women looking for a sugar daddy. 80% spam rate is a huge problem for Yahoo. I don't get this much on any other site at the moment. Yahoo must develop algorithms to weed out the spam profiles before it's too late.
CNN story.
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May 22, 2005
Posted by Dave Evans
Mark Brooks writes that FriendFinder filed suit against affiliate managers, Jack Mardack and Sean Barrett for breach of contract, misappropriation of trade secrets and defamation, among other charges, after they left the company and formed Profit Lab, which does consulting work for competitor Sex Search.
Shedding further light on to the Friendfinder corporate ownership matrix, the ever-diligent Markus has dug deeper into the situation, reporting that FriendFinder owns Webdate through it's recent merger with Streamray.
Clarification - according to Timothy Chanaud, Senior PR Manager Various Inc/FriendFinder, Various and its affiliated companies do not own or operate Webdate. Their only relationship with them is a contractual arrangement where they operate cams on their site.
In March 2005, Various Inc, the parent company of Friendfinder, merged with Streamray, one of the web’s leading live cam companies. Streamray operates Cams.com and several other pay-per minute live web cam programs. Streamray is supposedly the largest provider of adult content.
It turns out that Webdate is a division of Streamray, so as of March 2005 Friendfinder is the owner of Webdate.
FriendFinder is making megabucks and continues to strengthen their position with smart mergers and acquistions. A few lawsuits here and there are to be expected. I wonder how big a deal this really is, probably settle out of court.
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May 11, 2005
Posted by Dave Evans
Businessweek has an article on True.com legislation.
Match.com, Yahoo (YHOO ), Microsoft (MSFT ), and many others argue that Vest is playing up problems that don't exist. They contend that online dating is safer than, say, meeting someone in a bar and that they encourage their members to use common sense before setting up a meeting or exchanging personal information. The companies also point out that these laws wouldn't apply to similar dating services in the offline world, making such legislation unfair and open to legal challenges.
Match.com spokeswoman Kristen Kelly says that tiny True.com poses little threat to her company.
It's possible Match.com already meets the stipulations of the Florida bill, since it advises users that it doesn't do background checks. Fighting the issue, she says, is a matter of principle.
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May 3, 2005
Posted by Dave Evans
Here's the wording of the proposed alert text that will go on dating site home pages. The revised bill is here.
"NO BACKGROUND SEARCH OF FELONY OR SEXUAL OFFENSE CONVICTIONS IS DONE ON MEMBERS WHO USE THIS SERVICE.
PLEASE TAKE APPROPRIATE SAFETY MEASURES TO INCREASE AWARENESS OF POSSIBLE RISKS ASSOCIATED WITH DATING."
What safety measures? What is appropriate? How do I increase awareness of risks? What are these risks?
Guess what. If you do provide background checks, you still have to put up a notice.
[NAME OF PROVIDER] INITIATES A LIMITED BACKGROUND SEARCH FOR FELONY AND SEXUAL
OFFENSE CONVICTIONS BEFORE A MEMBER IS PERMITTED TO COMMUNICATE WITH ANY MEMBER
FROM FLORIDA.
Dating site must initiate the background check? It's not done by each member? I can belong to a dating site, but may not communicate with any member from Florida?
This is not helping:
If any provision of this act or the application thereof to any person or
circumstance is held invalid, the invalidity does not affect other provisions or
applications of this act that can be given effect without the invalid provision
or application, and to this end the provisions of this act are declared to be
severable.
Typical lawyer-speak that is not doing anything to make the nuances of the bill easier to understand for dating site executives.
Sites with less than 1,000 members are exempt. Who would want to admit to that?
Mark Brooks, the editor of Online Personal Watch has "got complete confidence that True is going to run this thing through." I for one, don't.
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April 29, 2005
Posted by Dave Evans
David Jackson over at The Internet Stock Blog has written a good
article going into detail about how the attack on the illegal disemination of spyware and adware may not end with Eliot Spitzer's suit against Intermix Media (ticker: MIX). More here. This report outlines why and provides a tentative list of other Internet stocks at risk. Stocks mentioned: ASKJ, CD, CNET, FLWS, FWHT, IACI, ICGE, INPC, SPRK, TFSM, THK, TSG, VLCK, and YHOO.
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April 27, 2005
Posted by Dave Evans
Leading Internet and technology firms and trade associations expressed reservations over a proposed Florida bill that would impose government oversight on online dating, and would require criminal background checks or disclosures for users of online dating services.
NetCoalition serves as the public policy voice for innovative Internet companies on the key legislative and administrative proposals affecting the online world.
Markham Erickson, a spokesman for the NetCoalition:
As some the country's most popular Internet and technology companies, we are incredibly committed to keeping our users safe, and that extends to online dating services. But if only 15 of 67 Florida counties provide felony information, and recent news reports indicate that national criminal databases similar to the one required by this legislation can have a roughly 40 percent error rate, all this bill will do is mislead and misinform Florida consumers.
Some of the non-dating site NetCoalition members who have signed on against legislation are America Online, CareerBuilder, eBay, Google, Microsoft, VeriSign, Yahoo!
I was surprised to see ProfileDoctor mentioned since I have never been approached by NetCoalition and I am not a member.
Press release
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April 26, 2005
Posted by Dave Evans
Mark Brooks has sent out a press release with quotes from a Florida legislator who parrots the phrase, "Many online daters have a false sense of security." The line is obviously being fed to legislators, because most interviews use the same phrase and continue to reference a study that nobody seems to have actually read.
Ex-Bush aide Cynthia Henderson has been hired by True to push the background checks measure, which is due to pass into the next committee phase today.
The press release goes on to state that Mark Brooks is a former online personals industry executive. Mark, what does that mean?
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April 25, 2005
Posted by Dave Evans
Tomorrow (Tuesday) the senate in Florida will continue debate on the Identity Verification Legislation. IDEA OASIS urges any dating sites opposed to this legislation to attend and support the growing group of dating and online communities that are fighting to defeat this legislation. The more people we can push to attend and continue the debate, the better.
Tuesday, 2/26
11:45 to 2:45
Room 37 Senate Office Building
The Capitol
Tallahassee, Florida
CNN has an article about background checks, mentioning that True is the #5 online dating site. I just don't see how that could be possible.
I'm still trying to get ahold of the public reports that True is referenceing. First person to email them to me gets a prize.
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April 18, 2005
Posted by Dave Evans
According to the Palm Beach Post, True.com has hired a well-connected lobbyist from Tampa — former Secretary of the Department of Management Services Cynthia Henderson — to push it's legislative measures. Henderson, a first-term appointee of Gov. Jeb Bush, left state government with several other department heads in January 2003 when Bush reorganized his administration for the second term. Taylor Cole, True.com spokesperson handed out copies of a story stating that a New Jersey man that had a profile on match.com was charged with murdering a co-worker, her sister and her 3-year-old daughter last month.
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April 16, 2005
Posted by Dave Evans
Myspace is disputing charges in the press that its downloadable toolbars "spy" on consumers. The announcement came in the face of being investigated by the New York Attorney General for practices associated with spyware. The company has decided to cease distribution of its redirect and toolbar applications pending a thorough review of the issues raised by the NY AG's office.
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April 15, 2005
Posted by Dave Evans
The House Criminal Justice Committee voted 5-to-2 in favor of HB 1035, and members of the Senate Commerce and Consumer Services Committee voted 6-to-2 in support of SB 1768. The bills would require providers of online dating services to disclose if they do or do not conduct criminal background checks on their clients.
Link to full press release here. More information as it becomes available.
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April 14, 2005
Posted by Dave Evans
I'm swamped with a bunch of different project so I'm going to postpone the ID verification shootout. After thinking about diving into the details of adjudication processes, the "who's data is better" arguments and all the rest I've decided it's more interesting to read about Herb & Kerensa's wedding.
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April 8, 2005
Posted by Dave Evans
Rep. Kevin Ambler, R-Tampa and Sen. Victor Crist probably wish they were out fishing in the Keys instead of wrangling with the current online dating legistation. Associated Press points out that in his more than six years with the Florida Department of Law Enforcement's Computer Crimes Center, Special Agent Supervisor Bob Breeden has not seen a single online dating-related case. By comparison, he's seen many crimes resulting from Internet chat room meetings. Those sites would not be regulated by the bill, which would only apply to matchmaking services that charge a fee to members.
Another interesting point:
Lawmakers delved into the world of online dating Wednesday, debating a bill that would require Web sites to notify paying visitors [emphasis mine, ed] whether they perform criminal background checks on their members.
Since when did the bill specify paying visitors? Is this new or is it an AP error?
I want a copy of the report True keeps referencing that states 20% of all online daters believe they have undergone background checks. I want to know where, how and who conducted the study. You should too, because as I understand it, that study is just about the only one that lawmakers are reading as they prep to go into committee. Somebody reading this has got to have a copy.
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March 30, 2005
Posted by Dave Evans
IDEA OASIS has issued what I believe to be their first press release pertaining to the current industry legislation. Let me be the first to say that I don't think is was the smartest idea to base the IDEA-OASIS anti-legislation coming-out party on the security issues of the data providers. There are several stronger arguments they could have made, but I understand the value of capitalizing on an existing groundswell of publicity for your own gain.
From the press release:
IDEA-OASIS, the Internet Dating Executive Alliance/Online Association for Social Industry Standards (www.ideaoasis.org), today announced its formal opposition to various state legislative efforts that would require personals companies to conduct background checks on all users of Internet dating and online matchmaking services. The organization also warned of security concerns surrounding the data providers that would potentially provide the proposed mandated checks.
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Posted by Dave Evans
Blogs like ODI make it easy to broadcast one-to-many. Unfortunately, when it comes to ongoing discussion the comments field tends to be overlooked by many readers. If you're not one who usually peruses the comments attached to individual posts and you're interested in learning about True.com's take on their legislative efforts, check it out here.
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March 29, 2005
Posted by Dave Evans
Rich Gosse, founder of the IADW, will be interviewed for about 5-6 minutes on Fox News Live on the Fox News Channel on Wednesday morning, March 30, shortly after 8:30am Pacific Time. During the interview Rich will speak out against the proposed legislation in several U.S. state legislatures regarding criminal background checks on dating websites.
The International Association of Dating Websites is opposed to this proposed legislation. Rich hopes you will join the IADW in urging state legislators, particularly the state senators in Michigan, to vote no on this special interest legislation which is harmful to the online dating industry.
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Posted by Dave Evans
This just in from Mike Jones at Idea Oasis. The House Committee on Criminal Justice will hear the background check bill at 9:15 Wednesday morning in Tallahassee, Florida. If you can, Mike recommends you attend to testify against the bill. It will be in one of the Florida House of Representative meeting rooms in the Capitol. The address should be available at: http://www.myfloridahouse.gov/ and here is the schedule.
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March 21, 2005
Posted by Dave Evans
Last week I had a conversation with Robert Mehta, a lawyer who has been contacting dating sites to inquire about representing the online dating industry in California. Robert is trying to get a group of dating sites to support his testifying and "making the rounds" of Committee member’s involved.
To recap, two bills have been introduced in the California State Assembly:
AB 766, which would require online dating services to remove a subscriber, and his or her personal information, from public display if requested by a California subscriber.
AB 1681 requires online relationship service providers to either provide criminal background checks or to provide a notice indicating that no such check has been done.
Background on Robert Mehta:
I believe Capitol Advocates is uniquely qualified to assist in defeating this legislation due to our extensive legal/lobbying experience representing numerous public/private companies on legal and legislative matters, coupled with our extensive relationships with numerous Legislators on both sides of the aisle. Moreover, having worked as a Senior Staff member to former Governor Pete Wilson, I have extensive relationships with Governor Schwarzenegger’s Administration. Additionally, as a former prosecutor in the Orange County District Attorney’s office, I have extensive relationships with most California District Attorney’s, Police Chiefs of most large cities, Sheriffs, California District Attorneys Association, and other law enforcement agencies. I anticipate that unless we work with law enforcement, those entities will naturally lend their support for legislation that appears to enhance public safety.
If you would like to contact Robert, his email is rmehta@capitol-advocates.com.
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March 18, 2005
Posted by Dave Evans
A little over a year ago Cardservice International decided to stop offering merchant accounts to dating sites. The change in terms of service came after Visa changed its regulations regarding online dating sites. Since January of 2004, dating websites have been required to register as a high-risk merchant with Visa at a cost over $1,000. The registration process takes 4-6 weeks on average. This effects more than just Cardservice International, many other payment processors are cracking down on dating sites and other high-rick merchants. Mike Jones is compiling a list of dating site friendly payment processors. Learn more at the Userplane blog.
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March 16, 2005
Posted by Dave Evans
Detroit Free Press on Michigan legislation:
The proposed Michigan law, somewhat similar to anti-spyware legislation passed in Utah and California, would also make it illegal to collect personal information without a user's permission or modify Internet security settings or disable antivirus software. Violators would be guilty of a felony and could be punished by up to 5 years in prison or a $10,000 fine...Its intent is to address the issue of phony profiles entered by married people or online predators seeking relationships...But really, this proposed legislation is a masterful example of marketing and special interest legislation.
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Posted by Dave Evans
From Rich Gosse, founder of the International Association of Dating Websites:
Last week the Michigan Senate Judiciary Committee passed a bill that would require dating websites to conduct criminal background checks or post a very large notice on their homepages saying that they do not conduct these checks. As you know, The International Association of Dating Websites is strongly opposed to this proposed legislation. Therefore, we have sent the following letter to all 38 members of the Michigan State Senate. We hope you will take the time to do likewise. Special interest legislation such as HB 6234 has no place in American government.
Cordially,
Rich Gosse
Founder, IADW (www.iadw.org)
-------------------
Dear Senator (name of Senator)
The International Association of Dating Websites (IADW), a non-profit trade association for the online dating industry, is opposed to HB 6234, which requires online dating services to conduct criminal background checks or to provide certain notices, which was recently passed, by a 4-3 vote, by the Michigan Senate Judiciary Committee.
The bill is unfair to the online dating industry. No other websites are required to do this, nor are offline dating services, matchmakers, speed dating, non-profit singles organizations, newspaper personal ads, etc. Only a tiny percentage of the many hundreds of thousands of organizations and associations in America do criminal backgorund checks. So why single out the online dating industry?
Certainly it is is important for people to be careful when meeting strangers, whether it be for business or social purposes. This is common sense and does not require legislation.
IADW believes that every dating website should caution its members about safety issues. But requiring a criminal background check would be costly. One of the main reasons that the online dating industry is able to provide quality service to so many millions of singles is because the process is inexpensive. Criminal background checks can easily double the cost, making it too pricey for millions of singles. Offering background checks as an option (at additional cost) is the proper way to address this issue. There are several websites that already offer this option, so there is no need for legislation.
We urge you to vote no on HB 6234.
Sincerely,
Rich Gosse
Founder, IADW
415/479-3800
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March 9, 2005
Posted by Dave Evans
James Houran responds to the comments on the Michigan bill passing. Some choice comments:
Bloggers, industry insiders, and organizations like SITRAS, IADW, and IDEA OASIS do not speak for the industry -- THE CUSTOMERS DO. And, the customers keep telling the industry repeatedly in surveys sponsored by us and others that safety is their number one concern and that they support disclosure laws as proposed by TRUE.com.
TRUE.com is not concerned with pacifying industry insiders. We are here to address customers' realistic fears associated with online dating that the public has repeatedly told the industry are keeping that industry from growing.
No one is trying to legislate TRUE's business model into law. Too many industry insiders are promoting public perception of these bills as regulatory in nature. The fact is the proposed bills only concern disclosure.
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Posted by Dave Evans
This just in from SITRAS newsletter:
After being stalled last session, S.B. 486 passed the Michigan Senate Judiciary Committee in a 5-4 vote on Tuesday, 8 March 2005. There were some amendments made to the Bill during the hearing so final language will be available soon. The Bill will now be slated for vote by the Senate before becoming law.
Mike Jones at Userplane is emailing the industry about recent California and Texas legislation and the IADW has sent out a press release outlining their position.
Rich Gosse of the IADW has reached out to other groups which I think is a good thing. Legislators need to hear industry concerns from a loud and clear voice made up of a solid cross-section of the industry. Whether that's Idea Oasis or Sitras or IADW is up to you. Visit the sites, read their opinions and get involved.
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March 8, 2005
Posted by Dave Evans
The International Association of Dating Websites has issued a press release announcing opposition to proposed legislation that would require all dating websites to either do criminal background checks for all of their members, or post a very large disclaimer on the website's home page saying that no background checks are being performed.
Rich Gosse, Founder of IADW:
This is unfair to the online dating industry. No other websites are required to do background checks. Most offline dating services and matchmakers do not perform background checks, nor do speed dating, other singles organizations, and newspaper personal ads. Only a tiny percentage of the many hundreds of thousands of organizations and associations in America do criminal background checks. So why single out the online dating industry?
IADW believes that every dating website should caution its members about safety issues. But requiring a criminal background check would be costly. One of the main reasons that the online dating industry is able to provide quality service to so many millions of singles is because the process is inexpensive. Criminal background checks can easily double the cost, making it too pricy for millions of singles. Offering criminal background checks as an option (at additional cost) is the proper way to address this issue.
Anyone wishing more information may visit www.iadw.org or call 415/507-9962.
Comments (1)
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February 16, 2005
Posted by Dave Evans
From Reuters:
Alpharetta, Georgia-based ChoicePoint maintains personal profiles of nearly every U.S. consumer, which it sells to employers, landlords, marketing companies and about 35 U.S. government agencies. Choicepoint also provides the data for several identity verification companies looking to enter the online dating space.
In California, the only state that requires companies to disclose security breaches, ChoicePoint sent warning letters to 30,000 to 35,000 consumers advising them to check their credit report.
U.S. investigators notified the company of the breach in October, but ChoicePoint did not send out the consumer warnings until last week. The company says it has since tightened its criteria for access.
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February 14, 2005
Posted by Dave Evans
From the ever-diligent Userplane PR machine:
Michael Jones, newly elected chairman of IDEA OASIS, the Internet Dating Executive Alliance/Online Association for Social Industry Standards (www.ideaoasis.org). Comprised of such companies as Date.com, FriendFinder, Inc., Cupid.com, RelationshipExchange, Planet Out Partners and WebLogsInc., IDEA OASIS serves both the online dating and social networking industries. Jones is president and co-founder of Userplane (www.userplane.com), a pioneer in providing enterprise social software for online communities
Congrats Mike!
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February 4, 2005
Posted by Dave Evans
According to the San Jose Mercury News, California sex offenders have begun to set up trysts through the Megan's Law database. In a case of bizarre justice, one offender who received a request to meet from another equally disturbed individual actually told his parole officer about the request. The guilty party faces up to six months in county jail, a $1,000 fine or both.
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February 3, 2005
Posted by Dave Evans
As part of it's ongoing efforts to remain relevant to to dating industry, last week SITRAS held a conference call with several major online dating site executives. From what I've heard, the topic of the call was to enlist dating sites to, among other issues, put up money to pay for the services of Emily Hackett, whom some of you may recognize from the legislation track at SITRAConII in December. Hackett is the Executive Director of the Internet Alliance, which is a subsidiary of the Direct Marketing Association.
The Internet Alliance has gone on record as being against recent bills such as the now infamous Michigan bill which would have required criminal background checks on consumers using online dating services or would note that background checks had not been done.
Many industry executives agree that such a bill would offer consumers a false sense of security and unfairly discriminate against online businesses. They would prefer to retain the option of implementing such systems at their discretion.
Match.com does not conduct checks on its 14 million members, nor does it have any plans to, according to Joe Cohen, chief operating officer. Last May the company conducted an online survey of 1,500 members, and background checks ranked low in their concerns, he said.
I know for a fact that this does not jive with comments I've received about Yahoo! and Match actively pursuing ID verification services.
Marilyn Warren, senior vice president of eharmony.com, agrees. The California-based eharmony.com has 5.5 million members worldwide:
This is something that I know Herb Vest is very committed to, but I don't know that that's true for others in the industry," she said. "For those of us who have worldwide involvement, it would be a very localized kind of thing. I don't know that it would achieve the intended effect.
Yet another industry alliance is in the works and will be announce soon, stay tuned for more details.
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February 2, 2005
Posted by Dave Evans
Washington Post journo Robert MacMillan writes:
A Virginia General Assembly committee on Monday rejected a bill that would have required online dating companies to display prominent messages on their Web sites and e-mails stating whether they conduct criminal background checks on their users.
Under the proposal, online dating services would have been required to conduct background checks to determine whether users have been convicted of a felony. If a service chose not to conduct the checks, it would have been required to disclose that in at least 12-point type on its Web pages and e-mails.
The Virginia House of Delegates's Science and Technology Committee voted 9-4 against the bill. "For practical purposes, it's dead for the rest of the session," said sponsor Joe May (R-Loudoun).
So far, (Herb) Vest (founder of True.com) has persuaded legislators in several states to sponsor legislation to require sites to say whether they do background checks. The Michigan House of Representatives passed a bill last year, but it died later in the state Senate. A Texas state senator plans to introduce a similar bill before the end of the week, and similar measures are afoot in Ohio and Florida, according to lawmakers and aides involved in drafting the proposals.
Match.com, the nation's largest online dating service, opposes requiring criminal background and FBI checks, as does the Internet Alliance, a Washington, D.C.-based lobbying firm with a roster of large technology company clients such as Experian, Time Warner, SBC Communications and Comcast.
Kristin Kelly, Match.com's vice president of love:
Most of Match.com's 17 million users say that background checks are not a priority, I can assure you that if this is something consumers are interested in, we would have offered it. This is a solution in search of a problem.
Most of the dating industry is against mandatory background checks, although the offline dating companies are quick to point out the have been doing them for years.
The post-iDate Idea OASIS meeting resulted in some membership changes and hopefully a revitalized drive to develop a cohesive voice for the industry. Just a few months ago it was the IADW that was making waves by calling for a industry trade group to represent dating sites, and then SITRAS tried something similar. OASIS seems to have the most traction now, but if you look at their membership directory, many of the tier one sites are not represented. They can afford their own lawyers and lobbyists and don't see the need to join, yet.
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January 21, 2005
Posted by Dave Evans
An Overland Park, Kansas dating service that formerly had an office in Wichita must stop doing business in Kansas unless it complies with several restrictions, Sedgwick County District Attorney Nola Foulston announced Thursday. Her office and the Kansas attorney general's office have received more than 80 complaints about Great Expectations. Foulston and Attorney General Phill Kline filed a lawsuit against the company last February seeking more than $1.1 million in consumer restitution, fines and civil penalties for 101 alleged violations of the Kansas Consumer Protection Act and four alleged violations of the Kansas No-Call Act.
A recent temporary restraining order in the case restricts Great Expectations' business. Great Expectations' Wichita office filed for bankruptcy last month and is no longer operating, a news release from Foulston's office said.
Great Expectations can continue operating in Overland Park but must make audio recordings of all sales interviews and provide copies of them daily to Foulston's office for review. The company also must tell clients that any conversation that occurs before a contract is signed can't be used later to change the contract's terms.
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November 23, 2004
Posted by Dave Evans
A US matchmaking service has been ordered to pay financial damages for introducing a Ukrainian woman to a future husband whom she says beat her. A federal jury in Baltimore awarded Nataliya Fox more than $430,000 after she sued Encounters International (EI) for negligence. EI specialises in matchmaking women from the former Soviet Union with North American men online.
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| Category: Legal | Safety
November 5, 2004
Posted by Dave Evans
In response to recent initiatives to regulate online dating, relationship, and social networking services, the Singles Industry Trade Association (SITRAS) is gathering to assess the proposed legislation and the issues and implications it presents.
Robert Dombkowski, Chairman of SITRAS:
“It is not in the best interest of any industry for one company to seek to impose legislation that effects the entire industry Any attempts to effect such legislation without collective consultation with and input from the established leaders in the industry should be automatically dismissed. One company cannot represent the voice of an industry, nor its consumers. Issues such as government regulation demand careful consideration and collaboration on a comprehensive industry position. Anything less should be viewed as being overreaching at best and, at worst, self-serving.”
In response to various activities around the country, SITRAS has put industry regulation front and center for SITRACon II, the Singles Industry Trade Conference and Exhibition taking place December 1-3, 2004 in Hollywood, FL (see www.SITRAS.com for details).
SITRACon II includes an interactive session of executives from the background check industry and a session of executives from the online dating industry. Additionally, SITRAS is launching its Regulatory Committee with an open session on December 3rd. The SITRAS Regulatory Committee will undertake careful review of all regulatory initiatives and formulate a collective position on any and all such efforts.
SITRAS and SITRACon II are open to all companies who are directly or indirectly interested in the Singles Industry. Interested parties can contact SITRAS directly by calling 1-877-4 SITRAS or via email at info@SITRAS.com.
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October 19, 2004
Posted by Dave Evans
Today TRUE announced the Michigan legislature has become the fifth state to commit to its monumental legislative cause. The Michigan House of Representatives approved the bill with a bipartisan vote of 75 to 14, spearheaded by Michigan Representative Jim Howell (R - St. Charles). The bill is now headed to the Senate for approval. With this affirmative vote, Michigan becomes the first state to pass the bill in its House.
Where is the public discourse about the issues? Why are lawmakers passing bills that fail to thoroughly addresses issues such as how to implement identity verification systems? I guess they read this - A recent survey conducted by Russell Research found that in Michigan, for example, seven out of ten registered voters (72 percent) would support state legislation that would make it a requirement for online dating sites to pre-screen its members against criminal databases. Of these, 78 percent of female and 65 percent of male registered voters would support the legislation at the state level.
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October 13, 2004
Posted by Dave Evans
MemberWorks Incorporated (NASDAQ: MBRS), a leading marketing solutions company, announced today that it has completed its re-branding as Vertrue Incorporated (NASDAQ: VTRU). Shares are expected to begin trading under the new ticker symbol on Friday, October 15, 2004. "We have successfully evolved from a third-party marketer to a leading marketing solutions company," said Gary Johnson, president and chief executive officer of Vertrue Incorporated. "Vertrue represents our focus on consumer value, expansion into direct-to-consumer marketing, and new client marketing opportunities. Our tag line 'Get more out of life every day,' summarizes the direction we've taken."
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October 3, 2004
Posted by Dave Evans
Michigan lawmakers voted 75-14 this week to approve a bill by Rep. Jim Howell, R-St. Charles, requiring Internet matchmakers to prominently disclose whether criminal background checks have been made. The bill was introduced at the request of Herb Vest, a Dallas businessman who founded True.com. The legislation doesn't require background checks. Instead, it requires services with Michigan members to warn people on their Web sites whether background checks have been conducted. It would also distinguish between an FBI background check based on a name, or a less-reliable commercial service that tries to capture public records. Howell -- who said he knows little about dating services since he's married -- said enforcing Internet business is tricky. He said his bill will instead make it easier for people to sue if they've been ripped off or hurt by a date and the dating service lied about background checks. It would be limited to actual damages or $250,000, whichever is lower. Link (reg. req'd)
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September 28, 2004
Posted by Dave Evans
Kurt tells us that:
"A bill is up in Michigan this week in committee to require dating services to require criminal background checks of the people using the service. I am a multi client lobbyist in lansing Michigan who works with the legislature daily. If you know of one of the companies interested in this legislation, pro or con, please pass my name on to them."
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September 7, 2004
Posted by Dave Evans
49-year old David Thomas Davies told a 56-year old Santa Barbara businesswoman he was involved in a top secret British intelligence operation and convinced her to buy him a Porsche Cayenne and give him $70,000 in cash. Also arrested was Carolyn Davies, Davies' wife, who he claimed was his personal assistant assigned to him by British intelligence agents.
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August 2, 2004
Posted by Dave Evans
Japanese police raided 23 facilities of a free online dating operation in Yokohama Friday, suspected of swindling millions of dollars with false promises. Police in Kanagawa prefecture suspect that "Nihon Global System" used deceptive advertising and fraudulent billing to swindle clients, the Mainichi Shimbun reported Friday.
The group's Web site invited people to register for their free dating service, later notifying them by phone or e-mail that although registration was free, they must pay an annual membership fee of $450.
The operator is also suspected of sending fictitious bills for supposed violations of site rules.
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