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Dating Service Sued Over Background Checks

By Andrew Chow, Esq. on June 25, 2012 6:57 AM

A New Jersey dating service's allegedly botched background checks led to a woman's date with a man who had multiple drunken-driving convictions and a warrant out for his arrest, a lawsuit claims.

Jeanne McCarthy, 64, is suing the Lawrenceville, N.J., branch of a dating service called Two of Us, The Trentonian reports. McCarthy says she paid $7,000 to be matched with a man aged 58 to 67 with an active lifestyle.

But the date McCarthy ended up with didn't meet her criteria -- just one of several examples of deceit that she's alleging in her lawsuit.

Jeanne McCarthy's dating service lawsuit alleges fraud, consumer fraud, and breach of contract, ABC News reports. She wants her money back, and also wants the court to slap Two of Us with punitive damages.

To win a fraud case, a victim generally has to prove someone knowingly misrepresented a material fact, which led the victim to suffer harm. For a breach of contract action, a court will need to look at the contract's terms.

McCarthy's membership contract states: "Two of Us provides for the initial member interview, member testing, background checks and overall evaluation and screening," according to ABC.

But McCarthy's date with a 73-year-old widower from Arizona who had three DUI convictions and an outstanding criminal arrest warrant shows the company breached its contract by failing to conduct adequate background checks, her lawsuit alleges.

In addition, a Two of Us representative verbally promised to "provide quality matches at the rate of one or two during every two-week period," McCarthy's lawsuit states. But in her five months as a member, Two of Us only found two matches who didn't even meet her criteria, she claims.

A lawyer for Two of Us denied the company promises a match every two weeks. He declined to comment to ABC about other allegations regarding the dating service's background checks, saying the company had not yet been served with the lawsuit.

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