Over the past few years, Tawkify has found itself at the center of two lawsuits — one that has been adjudicated and one that is still ongoing. Whether you’re just interested in what happened or you’re evaluating Tawkify to see if they’re worth hiring (check out our Tawkify review if that’s the case), this article will be helpful.
Specifically, we’re going to look at the two cases that Tawkify, Inc. has been involved in. These cases are Stanfield v Tawkify and Larue v Tawkify.
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Now, let’s look at the details of both cases.
Stanfield v Tawkify, Inc.
Filed in 2020, a former client of Tawkify, Jeremy Stanfield alleged that Tawkify violated California’s Dating Services Contracts Act (DSCA) in regards to their refund policy.
Here are the main details of the case.
Key Case Takeaways
- Stanfield paid $3,700 for a six date contract from Tawkify. This was negotiated down from the asking price of $5,400.
- After two dates, Stanfield demanded a full refund, even though Tawkify does not offer refunds, except for the (3) days required under DSCA.
- Stanfield demanded his refund and shared a list of grievances. On July 22, Tawkify decided to inform Stanfield that they would process a refund, but that it may take 45-60 days once approved. On July 28, Tawkify let Stanfield know that his refund had been prioritized.
- On August 1, Stanfield received a refund off $1,850. Stanfield sent several emails demanding the full amount of the refund. Tawkify gave a partial refund as some service had been rendered (the two dates).
- On August 7, Tawkify explained to Stanfield its refund policy and why he only received a partial refund.
- On August 15, Stanfield field suit against Tawkify claiming they violated DSCA by not providing a full refund in (10) days’ time.
- On August 26, Tawkify refunded the remaining $1,850 to Stanfield, prior to the serving of the complaint and summons.
(e) All moneys paid pursuant to any contract for dating services shall be refunded within 10 days of receipt of the notice of cancellation.
Case Outcome
Tawkify attempted to compel arbitration but was ultimately denied by the court claiming issues with the company’s policies.
However, the court also ruled that Stanfield was not entitled to the full $3,700 refund, and had received more than he deserved.
The win was credited to Nelson Mullins Law Firm under the direction of partner Jahmy Graham.
Tawkify countersues for attorney’s fees
In response, Tawkify sued Stanfield for $684,232 in attorney fees and $20,367.21 in costs. Ultimately, the court ruled that there was “fluff and overbilling and items that do not deserve to be compensated” within the claim.
However, the judge did rule in favor of Tawkify ordering Stanfield to pay $50,000 in attorneys’ fees and $19,264.56 in costs. Stanfield was ordered to pay $500 per month until the balance is paid off, which works out to 139 months or about 11.5 years.
Colorful language from Stanfield
The full case text of the Stanfield vs. Tawkify lawsuit did share several of the messages sent by Stanfield to Tawkify. Here are a few of the more colorful and pertinent messages.
“I’d like a full refund processed today and if you want me to sign a non-disclosure agreement or gag order to get all my money back, I’ll be happy to do so. I spoke to my attorney this morning and he suggested I offer that to your company”
Stanfield to Tawkify on July 21st
“If I don’t get the rest of my money back, be prepared to get sued and I’ll make sure it’s a class action and anyone else you’ve taken advantage of like this will also get there [sic] money back!”
Stanfield to Tawkify on August 3rd
Again I have all this in writing and I’ll be contacting my lawyer to start legal action against your company.
I have what I need to proceed legally and I promise you it will cost you a lot less just to give me my money back in full!
You have wasted enough of my time and you need to give me the rest of my money back or prepared to get sued and it’s going to cost you A LOT MORE than the $1800 you owe me!
Stanfield to Tawkify on August 4th
“This will be my last message before I file a lawsuit against your company. … If I don’t hear from someone by the end of the day tomorrow, then I will proceed with legal action.”
Stanfield to Tawkify on August 8th
Larue v Tawkify, Inc.
Filed in 2023, Adrianelly Larue, a former matchmaker with the company, claimed that Tawkify incorrectly classified its matchmakers as independent contracts instead of employees. The claim was that they violated the Fair Labor Standards Act (FLSA), including failure to pay minimum wage and overtime compensation.
In January of 2024, a judge ruled that the case would not be heard in court, but would need to be arbitrated outside of the courtroom. While still ongoing, many do regard this as a win for Tawkify in the interim.
As more details emerge from this case, we will update those here.