Adult friend finder v
However, users can pay for certain upgrades or to access certain services. Plaintiff Alejandro Gutierrez is a long time user of AFF. ¶ 13, and Defendant's records indicate he registered on July 24, 2003, Buckheit Decl. Plaintiff continued to use the site until at least September 6, 2018.
As part of the registration process, AFF collects users' personal information, including names and email addresses, billing information, and other content the users might submit. Buckheit's averments in his Supplemental Declaration, ECF 34-2.
Plaintiff alleges that in October 2016 "a hacker or group of hackers breached Defendant's system and downloaded two decades worth of personal information of 339 million AFF users." Compl. Based on this breach, and Defendant's alleged failure to prevent and timely cure it, Plaintiff brings this putative class action, alleging the following causes of action: (1) negligence; (2) breach of implied contract; (3) invasion of privacy; (4) violation of California's Customer Records Act, Cal. Code §§ 1798.80, et seq.; (5) violation of California's Online Privacy Act, Cal Bus. Code §§ 22575, et seq.; and (6) violation of California's Unfair Competition Law ("UCL"), Cal.
The Federal Arbitration Act ("FAA") applies to arbitration agreements affecting interstate commerce.
Friend Finder was launched in 1996 by Andrew Conru.
As discussed in more detail in the discussion section below, the Court assumes that, during the relevant time period, users did not have to explicitly agree to the Terms in order to register for or use the site, but that the Terms were readily accessible to users throughout the site. Plaintiff's objections to the paragraphs in and exhibits to the Buckheit Declaration cited in this section, see Opp. He also made 39 credit card transactions on the site during this time.
Defendant Friend Finder Networks, Inc.'s wholly-owned subsidiary owns and operates the website Adult Friend Finder ("AFF"), an adult online dating site.
Users of the website are required to register in order to use the site but otherwise may use the website for free.