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Date: 02-17-2023

Case Style:

Harry Crouch v. Ruby Corporation, et al.

Case Number: 2:22-cv-00711

Judge: Michael M. Anello

Court: United States District Court for the Southern District of California (San Diego County)

Plaintiff's Attorney:








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Defendant's Attorney: Linda C. Hsu

Description: San Diego, California civil rights lawyers represented Plaintiff who sued Defendants on employment discrimination (sex) theories.





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Defendants Ruby Corp and Ruby Life are Canadian companies that do business as Ashley Madison and www.AshleyMadison.com, respectively. Compl. ¶¶ 2-3. Ashley Madison is a dating website and cell phone application that uses global positioning system (“GPS”) and IP address information to match subscribers. Id. ¶ 15. Ashley Madison allows users to create free Guest Member accounts. Id. However, in order to initiate contact, users must purchase credits. Id. Thereafter, follow-up messaging is free. Id.

Generally speaking, Plaintiff alleges that Defendants unlawfully discriminate against men by charging male consumer more than females for their matchmaking services. Id. at 1; id. ¶ 13. According to Plaintiff, Ashely Madison prohibits men of all sexual orientations from initiating contact with women without first purchasing credits. Id. ¶ 16. Plaintiff contends that women do not have to pay to initiate contact with men. Id. Instead, if a woman wishes to initiate contact with a man, she sends a “collect” message indicating interest, and the man is then required to use his credits to open the woman's “collect” message. Id. The man must then use more credits to respond. Id.

Plaintiff brings seven causes of action against Defendants on behalf of himself and similarly situated persons. The seven claims fall into three categories. Claims 1-3 are for violation of California's Unruh Civil Rights Act, Cal. Civ. Code § 51, for denial of equal treatment based upon: (1) sex; (2) sexual orientation; and (3) gender identity. Claims 4-6 are for violation of California Civil Code § 51.5 for: (4) sex discrimination; (5) sexual orientation discrimination; and (6) gender identity discrimination. Lastly, Claim 7 is for price discrimination based on gender in violation of the Gender Tax Repeal Act of 1995, Cal. Civ. Code § 51.6.

Outcome: NOTICE of Voluntary Dismissal by Harry Crouch (Rava, Alfred) (ave). (Entered: 02/16/2023)

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