Oct. 5, 2021
LOS ANGELES -- Nelson Mullins recently scored a win for client Tawkify, Inc., an online matchmaking company, in federal court in Northern California. The team, led by Los Angeles partner Jahmy Graham and with contributions from New York partner Mitch Boyarsky, obtained summary judgment on Tawkify’s behalf in a putative nationwide class action originally brought in San Francisco Superior Court. Associates Priscilla Szeto, Crispin Collins, Nicole Phe, and Nick Ladin-Sienne, paralegals Theresa Chan and Sindy Fleeger, and administrative assistants Maria Domingo, Jenny Prado, Judy Carter, and Brenda Gaines provided extraordinary support.
This case arose in August 2020 under California’s Dating Services Contract Act (DSCA), Consumer Legal Remedies Act (CLRA), and Unfair Competition Law (UCL). The plaintiff alleged that Tawkify violated the DSCA by failing to include required disclosures in its contracts with its customers concerning, among other things, their right to cancel dating service contracts and receive applicable refunds. The plaintiff also alleged claims of fraud, including false advertising.
After removing this case to federal court, our team moved to compel arbitration, appealed to the Ninth Circuit Court of Appeals the denial of the motion to compel arbitration, moved to dismiss under Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6), and ultimately moved for summary judgment. On Sept. 15, 2021, Judge William Alsup of the U.S. District Court for the Northern District of California granted Tawkify’s summary judgment motion and dismissed all of the plaintiff’s claims with prejudice.
Established in 1897, Nelson Mullins is an AmLaw 100 firm that has more than 800 attorneys and government relations professionals with offices in 11 states and Washington, DC. For more information on the firm, go to www.nelsonmullins.com.
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