in Newswire Published on November 8, 2018

Dating App Coffee Meets Bagel Hit with Class Action Over No-Refund Policy for Canceled Premium Subscriptions [UPDATE: DISMISSED]

Last Updated on July 31, 2019

Rrapo v. Coffee Meets Bagel, Inc.

Filed: November 5, 2018 ◆§ 2018CH13834

According to a class action, dating app Coffee Meets Bagel's terms and conditions contains no cancelation provision allowing for refunds for canceled subscriptions.

Defendant(s)

Coffee Meets Bagel, Inc.

Law(s)

Illinois Consumer Fraud and Deceptive Business Practices Act

State(s)

Illinois

July 31, 2019 – Lawsuit Dismissed Due to Plaintiff’s Failure to Allege He Actually Wanted a Refund

The proposed class action detailed on this page was dismissed by Cook County Circuit Judge Anna M. Loftus on July 30 due to what she said were “defects” with the plaintiff’s complaint.

In the order of dismissal, Judge Loftus said that the case should be tossed in that Coffee Meets Bagel’s terms of service, on which the plaintiff’s claims were founded, were not attached to the complaint as required by the Code of Civil Procedure. Further, the plaintiff effectively doomed his own case by failing to “allege that he wanted a refund,” instead claiming only that he was unable to receive one, Judge Loftus wrote.

“Plaintiff can certainly be entitled to actual damages in the amount of his desired refund,” the dismissal order reads, “but because the [Dating Referral Service Act] requires actual damages, Plaintiff must allege his desire.”

The plaintiff has 21 days to file an amended complaint.

Dating app Coffee Meets Bagel has been hit with a proposed class action lawsuit wherein the plaintiff claims users who have paid for and canceled premium subscriptions for the platform are owed unpaid refunds. According to the case, all contracts between the defendant and users who pay for its services are void and unenforceable because the terms and conditions page on Coffee Meets Bagel’s website “does not expressly contain the required three-day cancellation provision,” nor does it allow for refunds of subscription services. The lawsuit, filed in circuit court, claims Coffee Meets Bagel has violated the Illinois Consumer Fraud and Deceptive Business Practices Act by depriving proposed class members of their statutory rights to cancel their subscriptions and obtain refunds.

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