True.com will prosecute married people

[TomPainesBones]

I'm sure many of you have seen these ads that have been popping up on almost every website on the Net the past few weeks. I finally clicked on one to see what all the fuss was about.

I'm not married but my question is, can this really be legal?


http://www.true.com/magazine/saferdating_marriage_cert.htm

TRUE® requires that every member certify that he or she is not married, and all communicating members are screened against U.S. public records to check marital status.

Representing yourself as single if you are married may constitute fraud and could subject you to civil and criminal penalties under U.S. federal and state law. For example, Title 18, Section 1343 of the U.S. Code provides for fines of up to $250,000 and jail sentences of up to five years for each offense. TRUE reserves the right to report violators to appropriate law enforcement authorities and seek prosecution or civil redress to the fullest extent of the law.

WARNING
At TRUE, we take our members’ safety seriously. We don’t want felons or marrieds on our website, period. If you are a criminal or married, DO NOT use our website. Consider this to be fair warning: Our Member Safety team vigorously pursues individuals who misrepresent themselves on our website. We report violators to appropriate federal, state and local authorities, including parole boards. We also actively pursue prosecution of these offenders in other ways. For example, we have recently taken the unprecedented step of filing a lawsuit in federal court against a convicted felony sex offender who misrepresented himself on our website. This individual could be liable to pay hundreds of thousands of dollars in damages, along with potential criminal fines, penalties and jail time.

DISREGARD THIS WARNING AT YOUR PERIL.


http://www.true.com/saferdating/
"Read how ensuring a safer online dating environment can lead to stronger, more compatible marriages and families that strengthen society as a whole."

[rpgamerd00d]

1. Not true.

Since you are paying them, they can't claim damages, so its not fraud.
However, they can simply terminate your account.

[MountainLaurel]

2. Let me guess

They don't have sections for Men Seeking Men, or Couples Seeking Third?

[northzax]

3. you can't get jail time from a civil suit

all they can get you on is breach of contract, I'd bet. although the legal fees would be a pain.

[sui generis]

4. you can only prosecute for something if you've been damaged

it's not illegal to fool around.

I guess none of the men-for-men have anything to worry about then. Who knew not "being allowed" to be married could have some perks!

sheesh

[philarq]

5. Nail them for discrimination

Cannot be married and use their site. But their site also has gays on it. ---go ahead search as a male for a male or a fem for a fem.

But gays cannot be married so their site and rules therefor discriminates on the basis of sexual orientation, and against heterosexuals.

[pitohui]

6. no of course they won't prosecute married people

it's just silly season stuff for the stupid people

it is not illegal to lie abt being married, nor will any law enforcement agency be interested in prosecuting such a case

they will tell true.com that it's a civil matter and then the civil court judge will throw it out as a waste of time


do you also believe that pepsi won all those "blind" taste tests or that 4 out of 5 dentists recommend dentyne?

[Wilms]

7. I see the war on Traditional Marriage has expanded. n/t

[seriousstan]

8. I don't think so.....here are the legal facts....

TITLE 18 > PART I > CHAPTER 63 > § 1343 Prev | Next

§ 1343. Fraud by wire, radio, or television




Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

defraud v. to use deceit, falsehoods, or trickery to obtain money, an object, rights or anything of value belonging to another. (See: fraud)


And this is a good article on the legal difference between fraud and deceit....

http://www.hartley.com/natfraud.htm

[Lolivia]

9. They could have a claim under that statute

If True sets itself up as a dating service for the truly single, and they can show that is why people sign up for it (that they want to make sure people are truly single) then a person could defraud them by claiming to be single when they are not.

The statute provide criminal charges for someone who uses "wire" to defraud someone from money or property. Your definition of "defraud" is using falsehoods to obtain "anything of value" from another. They could argue that anyone who puts on the computer (transmission by wire) that they are single when they are not (falsehood) is using artifice to obtain services from True (something of value). If many people lie about their marital status, that will damage their reputation as a "safe" place to date truly single people, and their membership would decline (damages).

They can't be sued for discrimination because they aren't government actors, and they are free to restrict their membership to whomever they wish. PRivate organizations have a right - while not absolute - to restrict their membership as they please.

I'm not saying I agree with any of this - but the exclusion of married people is legal, and they could have an argument for fraud (not that they would necessarily prevail).