MALSOM v. MATCH.COM, L.L.C.

No. 12-11123.

NANCY MALSOM; CLAIRE KILCOYNE; MARY ANNE BURGAN; MIKE CIPRIANI; JESSE KAPOSI; MARK H. HARKEN; KRISTY GAMAYO, Individuallly and on behalf of all others simiarly situated, Plaintiffs-Appellants, v. MATCH.COM, L.L.C., Defendant-Appellee. GUY BARLOW, JR., On behalf of themselves and all similarly situated persons; MARK H. HARKEN, On behalf of themselves and all similarly situated persons; JESSE KAPOSI, Plaintiffs, v. MATCH.COM, L.L.C., Defendant. JESSE KAPOSI, Plaintiff, v. MATCH.COM, L.L.C., Defendant. KRISTY GAMAYO, Individually and on behalf of all others similarly situated, Plaintiff, v. MATCH.COM, L.L.C., Defendant. NANCY MELUCCI, Individually and on behalf of all others similarly situated, Plaintiff, v. MATCH.COM, L.L.C., Defendant. GAIL FITZPATRICK; Et Al, Plaintiffs, v. MATCH.COM, L.L.C., Defendant.

United States Court of Appeals, Fifth Circuit.

Filed: October 3, 2013.


EDWARD C. PRADO, Circuit Judge.*

A putative class of plaintiffs filed suit against Match.com, L.L.C., the operator of a dating website, alleging breach of contract, breach of the duty of good faith and fair dealing, and unconscionable conduct. After dismissing the first two claims, the district court dismissed with prejudice the unconscionability claim. This appeal, challenging the dismissal of the unconscionability claim, followed. For...

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