SECTIONS 1694-1694.4 - California Statutes

CIVIL CODE

SECTION 1694-1694.4

1694. As used in this chapter, a dating service contract is any
contract with any organization that offers dating, matrimonial, or
social referral services by any of the following means:
(a) An exchange of names, telephone numbers, addresses, and
statistics.
(b) A photograph or video selection process.
(c) Personal introductions provided by the organization at its
place of business.
(d) A social environment provided by the organization intended
primarily as an alternative to other singles' bars or club-type
environments.

1694.1. (a) In addition to any other right to revoke an offer, the
buyer has the right to cancel a dating service contract or offer,
until midnight of the third business day after the day on which the
buyer signs an agreement or offer to purchase those services.
(b) Cancellation occurs when the buyer gives written notice of
cancellation by mail, telegram, or delivery to the seller at the
address specified in the agreement or offer.
(c) Notice of cancellation, if given by mail, is effective when
deposited in the mail properly addressed with postage prepaid.
(d) Notice of cancellation given by the buyer need not take the
particular form as provided in the contract or offer to purchase and,
however expressed, is effective if it indicates the intention of the
buyer not to be bound by the dating service contract.
(e) All moneys paid pursuant to any contract for dating services
shall be refunded within 10 days of receipt of the notice of
cancellation.
(f) The buyer may notify the dating service of his or her intent
to cancel the contract within the three-day period specified in this
section and stop the processing of a credit card voucher or check by
telephone notification to the dating service. However, this does not
negate the obligation of the buyer to cancel the contract by mail,
telegram, or delivery as required pursuant to this section.

1694.2. (a) A dating service contract shall be in writing. A copy
of the contract shall be provided to the buyer at the time he or she
signs the contract.
(b) Every dating service contract shall contain on its face, and
in close proximity to the space reserved for the signature of the
buyer, a conspicuous statement in a size equal to at least 10-point
boldface type, as follows:

"You, the buyer, may cancel this agreement, without any penalty or
obligation, at any time prior to midnight of the original contract
seller's third business day following the date of this contract,
excluding Sundays and holidays. To cancel this agreement, mail or
deliver a signed and dated notice, or send a telegram which states
that you, the buyer, are canceling this agreement, or words of
similar effect. This notice shall be sent to:

________________________________________
(Name of the business that sold you the
__________
contract)
___________________________________________
(Address of the business that sold you the
__________."
contract)

(c) The dating service contract shall contain on the first page,
in a type size no smaller than that generally used in the body of the
document, the name and address of the dating service operator to
which the notice of cancellation is to be mailed; and the date the
buyer signed the contract.
(d) No dating service contract shall require payments or financing
by the buyer over a period in excess of two years from the date the
contract is entered into, nor shall the term of any such contract be
measured by the life of the buyer. However, the services to be
rendered to the buyer under the contract may extend over a period
beginning within six months and ending within three years of the date
the contract is entered into.
(e) If a dating service contract is not in compliance with this
chapter, the buyer may, at any time, cancel the contract.

1694.3. Every dating service contract shall contain language
providing that:
(a) If by reason of death or disability the buyer is unable to
receive all services for which the buyer has contracted, the buyer
and the buyer's estate may elect to be relieved of the obligation to
make payments for services other than those received before death or
the onset of disability, except as provided in paragraph (3).
(1) If the buyer has prepaid any amount for services, so much of
the amount prepaid that is allocable to services that the buyer has
not received shall be promptly refunded to the buyer or his or her
representative.
(2) "Disability" means a condition which precludes the buyer from
physically using the services specified in the contract during the
term of disability and the condition is verified in writing by a
physician designated and remunerated by the buyer. The written
verification of the physician shall be presented to the seller.
(3) If the physician determines that the duration of the
disability will be less than six months, the seller may extend the
term of the contract for a period of six months at no additional
charge to the buyer in lieu of cancellation.
(b) If the buyer relocates his or her primary residence further
than 50 miles from the dating service office and is unable to
transfer the contract to a comparable facility, the buyer may elect
to be relieved of the obligation to make payment for services other
than those received prior to that relocation, and if the buyer has
prepaid any amount for dating services, so much of the amount prepaid
that is allocable to services that the buyer has not received shall
be promptly refunded to the buyer. A buyer who elects to be relieved
of further obligation pursuant to this subdivision may be charged a
predetermined fee not to exceed one hundred dollars ($100) or, if
more than half the life of the contract has expired, a predetermined
fee not to exceed fifty dollars ($50).

1694.4. (a) Any contract for dating services which does not comply
with this chapter is void and unenforceable.
(b) Any contract for dating services entered into under willful
and fraudulent or misleading information or advertisements of the
seller is void and unenforceable.
(c) Any buyer injured by a violation of this chapter may bring an
action for the recovery of damages in a court of competent
jurisdiction. Judgment may be entered for three times the amount at
which the actual damages are assessed. Reasonable attorney fees may
be awarded to the prevailing party.
(d) Notwithstanding the provisions of any contract to the
contrary, whenever the contract price is payable in installments and
the buyer is relieved from making further payments or entitled to a
refund under this chapter, the buyer shall be entitled to receive a
refund or refund credit of that portion of the cash price as is
allocable to the services not actually received by the buyer. The
refund of any finance charge shall be computed according to the "sum
of the balance method," also known as the "Rule of 78."
(e) Any waiver by the buyer of this chapter is void and
unenforceable.