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Furthermore, plaintiffs have not pleaded any facts to meet the 'but for' test for fraudulent omissions, as they have failed to allege how knowledge of defendant's omissions about affiliated sites would have impacted plaintiffs' decision to register for Positive " Koh also noted that the Does' complaint never states which woman paid for subscriptions, if either did, and therefore cannot show any economic injury.
Paid memberships disclose more information - such as HIV or STD status - on affiliated websites, so the putative class members would need to have paid memberships to be able to show injury, the judge found.
The women claimed that Positive lured them in with empathetic statements such as, "you feel like you're alone in the world, do you wish there was a place where you didn't have to worry about being rejected or discriminated," and promised that "we care about your privacy more than other sites," according to the class action.
But unbeknownst to the women, while Positive promised a free and "fully anonymous" profile, its parent Successful allows its 732,000 users to scan the full profiles - including health information and HIV status - of all its affiliates, including Positive Singles.com, according to the lawsuit. District Judge Lucy Koh agreed and dismissed the case.
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