2005 California Civil Code Sections 1694-1694.4 :: :: :: CHAPTER 2.1. :: DATING SERVICE CONTRACTS (2024)

CIVIL CODE
SECTION 1694-1694.4

1694. As used in this chapter, a dating service contract is anycontract with any organization that offers dating, matrimonial, orsocial referral services by any of the following means: (a) An exchange of names, telephone numbers, addresses, andstatistics. (b) A photograph or video selection process. (c) Personal introductions provided by the organization at itsplace of business. (d) A social environment provided by the organization intendedprimarily as an alternative to other singles' bars or club-typeenvironments.1694.1. (a) In addition to any other right to revoke an offer, thebuyer has the right to cancel a dating service contract or offer,until midnight of the third business day after the day on which thebuyer signs an agreement or offer to purchase those services. (b) Cancellation occurs when the buyer gives written notice ofcancellation by mail, telegram, or delivery to the seller at theaddress specified in the agreement or offer. (c) Notice of cancellation, if given by mail, is effective whendeposited in the mail properly addressed with postage prepaid. (d) Notice of cancellation given by the buyer need not take theparticular form as provided in the contract or offer to purchase and,however expressed, is effective if it indicates the intention of thebuyer not to be bound by the dating service contract. (e) All moneys paid pursuant to any contract for dating servicesshall be refunded within 10 days of receipt of the notice ofcancellation. (f) The buyer may notify the dating service of his or her intentto cancel the contract within the three-day period specified in thissection and stop the processing of a credit card voucher or check bytelephone notification to the dating service. However, this does notnegate 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 copyof the contract shall be provided to the buyer at the time he or shesigns the contract. (b) Every dating service contract shall contain on its face, andin close proximity to the space reserved for the signature of thebuyer, a conspicuous statement in a size equal to at least 10-pointboldface type, as follows: "You, the buyer, may cancel this agreement, without any penalty orobligation, at any time prior to midnight of the original contractseller's third business day following the date of this contract,excluding Sundays and holidays. To cancel this agreement, mail ordeliver a signed and dated notice, or send a telegram which statesthat you, the buyer, are canceling this agreement, or words ofsimilar effect. This notice shall be sent to: (Name of the businessthat sold you the contract) ."(Address of the business that sold youthe 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 thedocument, the name and address of the dating service operator towhich the notice of cancellation is to be mailed; and the date thebuyer signed the contract. (d) No dating service contract shall require payments or financingby the buyer over a period in excess of two years from the date thecontract is entered into, nor shall the term of any such contract bemeasured by the life of the buyer. However, the services to berendered to the buyer under the contract may extend over a periodbeginning within six months and ending within three years of the datethe contract is entered into. (e) If a dating service contract is not in compliance with thischapter, the buyer may, at any time, cancel the contract.1694.3. Every dating service contract shall contain languageproviding that: (a) If by reason of death or disability the buyer is unable toreceive all services for which the buyer has contracted, the buyerand the buyer's estate may elect to be relieved of the obligation tomake payments for services other than those received before death orthe onset of disability, except as provided in paragraph (3). (1) If the buyer has prepaid any amount for services, so much ofthe amount prepaid that is allocable to services that the buyer hasnot received shall be promptly refunded to the buyer or his or herrepresentative. (2) "Disability" means a condition which precludes the buyer fromphysically using the services specified in the contract during theterm of disability and the condition is verified in writing by aphysician designated and remunerated by the buyer. The writtenverification of the physician shall be presented to the seller. (3) If the physician determines that the duration of thedisability will be less than six months, the seller may extend theterm of the contract for a period of six months at no additionalcharge to the buyer in lieu of cancellation. (b) If the buyer relocates his or her primary residence furtherthan 50 miles from the dating service office and is unable totransfer the contract to a comparable facility, the buyer may electto be relieved of the obligation to make payment for services otherthan those received prior to that relocation, and if the buyer hasprepaid any amount for dating services, so much of the amount prepaidthat is allocable to services that the buyer has not received shallbe promptly refunded to the buyer. A buyer who elects to be relievedof further obligation pursuant to this subdivision may be charged apredetermined fee not to exceed one hundred dollars ($100) or, ifmore than half the life of the contract has expired, a predeterminedfee not to exceed fifty dollars ($50).1694.4. (a) Any contract for dating services which does not complywith this chapter is void and unenforceable. (b) Any contract for dating services entered into under willfuland fraudulent or misleading information or advertisem*nts of theseller is void and unenforceable. (c) Any buyer injured by a violation of this chapter may bring anaction for the recovery of damages in a court of competentjurisdiction. Judgment may be entered for three times the amount atwhich the actual damages are assessed. Reasonable attorney fees maybe awarded to the prevailing party. (d) Notwithstanding the provisions of any contract to thecontrary, whenever the contract price is payable in installments andthe buyer is relieved from making further payments or entitled to arefund under this chapter, the buyer shall be entitled to receive arefund or refund credit of that portion of the cash price as isallocable to the services not actually received by the buyer. Therefund of any finance charge shall be computed according to the "sumof the balance method," also known as the "Rule of 78." (e) Any waiver by the buyer of this chapter is void andunenforceable.