Loser-in-Love Drops Fraud Class Action Lawsuit

For anyone who likes weird news like I do, you’ll be tickled to know that Sean McGinn, the loser at love who made a lawsuit out of his unfortunate nickname (which I just gave him), has dropped his lawsuit against Match.com.  Why did he drop it?  Because he’s a sensitive boy and can’t take all the meanie-weenies leaving ridiculing (and hilarious) comments about him on the internet.

For any of you unfamiliar with the site, Match.com is a dating website that purports to get over 86 million searches a month from its members looking for a love connection.  McGinn originally claimed in his class action suit that the website defrauded him because it didn’t tell him that most of its members have either cancelled their membership or have never become full members.  McGinn claims this deceptive practice led to many of his emails going unanswered which caused him emotional distress (and I’m sure many sleepless night pulling petals from roses).

Now to be fair to the crybaby…er… I mean McGinn, yeah, definitely meant McGinn, this was a class action suit with 15 other people joining McGinn on his crusade against loneliness (which also means there were 15 other equally sad and pathetic people).  Okay, I’ll stop now.

But this story got me thinking about whether McGinn actually had a leg to stand on.  I mean to most people this sounds like a funny, albeit frivolous lawsuit.  But he did state a claim that he was able to plead validly enough to be accepted to be heard before the court.  Though that’s still not saying much since we all know how easy it is in America to sue anyone for literally anything.

So this case would’ve come down to the evidence he had against Match.com and whether it showed his claim had enough of a legal basis to warrant awarding him his request for $5 million.  From not knowing anything else about the case other than what’s been released in the news, I’d say the answer is no.

Why?  Well, as much as we would all love to sue every company that advertises how great their product is, that’s just not possible.  Anyone familiar with basic contract law knows that the mere puffery (basically an advertising opinion designed to get people interest in a product, e.g. a car company that says their cars are the best) is not a valid claim for a lawsuit.  Though McGinn was suing on what appears to be a tort claim and not a breach of contract, I think the court would probably side with my assessment since allowing him to prevail would have open the floodgates to all kinds of other crazy lawsuits, especially class actions since they can be litigated for years on end.  Recent LegalMatch statistics show that most class actions involve more important matters, such as defective products and exposure to toxic substances, and not being lovelorn.

Courts want people to utilize the legal system to correct wrongs, but they don’t want to clog it with a lot of pointless claims; which sucks because I really thought I had a good false advertising lawsuit against these people.  I’m still waiting for my money back…