Negligence Claims Arise When Online Dating Goes Wrong

LAWYERS WEEKLY USA -- Oct 30 -- Randall Miller won a $434,000 verdict last November for a Ukrainian immigrant who was severely beaten by her husband, whom she met through an international online dating service. Because that case was based on specific federal laws protecting mail-order brides from other countries, it has little direct application to domestic online dating cases. But it is of some interest because the defense repeatedly tried - and failed - to get the case thrown out based on the argument that all a dating service does is arrange the meeting, and from there, the participants are on their own. TRUE and a number of safer dating interest groups are supporting state-level legislation aimed at reducing the dangers of online dating. Under the bill, which is being considered in six states - California, Florida, Michigan, Ohio, Texas and Virginia - an online dating site would be required to either perform criminal background checks of its users or post a disclosure on its site indicating that it does not screen users. True.com already performs criminal background checks of its users, including a check of whether the individual is married. According to Terra Gray, VP Government Affairs, about 5% of the people who attempt to enter a profile are married and another 5% are felons. Opponents of the legislation worry that background checks will give online daters a false sense of security because no background check is foolproof. Herb Vest, Founder/CEO of TRUE, argued that it's still safer to perform background checks. But he agrees that if a firm touts that it does background checks, it would be wrong to say that without also disclosing the inherent fallibility of those checks.

Mark Brooks: This legislation is not going to go away.  We need to take this seriously as an industry.  I just hope the background check providers can provide checks that meet the expectations of users.  I can see some bad press coming our way as felons slip through the net.  Please post your comments/thoughts on background check providers.