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The court’s ruling in favor of Infostream gets it one step on the way to making out a successful claim against Pay Pal.
Whether it can successfully amend the dismissed claims remains to be seen.
Maggie Archer, a 20-year-old student from Missouri, has a pretty interesting strategy and it seems to be working, in a way.
Whether a company — online or bricks-and-mortar — can choose with whom it will deal can be tricky business.In fact, she has received money from more than 20 paying matches in the last week.That’s in excess of over 0 just for a one-sentence bio.That kind of attention can be a concern not only for a dating site itself, but also for other online services that provide support to such sites, such as hosting companies and payment services. Sherman Act antitrust claims were dismissed (but with leave to file an amended complaint) because Infostream’s allegations that Pay Pal has an ownership interest in sites that compete with Infostream’s sites were deemed speculative.So it’s not surprising that service providers seek to protect themselves contractually from the potential legal and business consequences of being associated with purveyors of shady, unsavory, or downright illegal services. Claims of common law fraud were dismissed (also with leave to amend), because Infostream did not adequately allege that it had detrimentally relied upon Pay Pal’s representations to it during the parties’ negotiations prior to the account termination.