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While plaintiff alleged a violation of the statute, he did not tie that violation to his own injury. [statutory standing] requires an injury resulting from a violation.” In the STL cases, plaintiffs alleged a failure of companies to post relevant information to request a privacy policy, but did not necessarily try to request or information or allege that they would have had they known where to direct the query. Similarly, the court says that here plaintiff fails to allege how he cancelled the contract and whether he did so in accordance with the statute. The statute was enacted in 1989 and did not envision online communities, much less smartphone apps. Drafters of every era know that technological advances will proceed apace and that the rules they create will one day apply to all sorts of circumstances they could not possibly envision.’ Under this approach, the statute applies to online sites.

Specifically, the court says that, although he cancelled and did not receive a refund, the complaint lacks details about the cancellation. Grindr argued that the statute was prompted by high-pressure in-person sales tactics and vendors’ potential to take undue advantage of consumers. Citing to a California Supreme Court looking at applicability of the Song-Beverly Credit Card Act and applicability to download transactions (answer: no), the court says that it should employ a practical, flexible approach: [i]n construing statutes that predate their possible applicability to new technology, courts have not relied on wooden construction of their terms. Grindr also argued that there was an element of the consumer being able to take advantage of the site by using the services and then requesting a full refund, but the court says that the legislature already considered this issue.

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