Friday, August 22, 2025

Match.com’s $14M Settlement: Why Connecticut Beats New York for Class Actions for Unfair Trade Practices

Match.com and its sister dating sites, like Hinge and Tinder, just agreed to pay $14 million after the FTC settled with them for using scammer accounts to lure people into paid subscriptions, hiding restrictive promo terms, and making cancellation so tricky you’d think you were breaking out of prison.

Even though Match.com settled with the FTC, that doesn't mean that consumers can't sue next in a class action lawsuit where consumers can recover even more money. If you’re thinking of bringing this class action, as the class representative, where you bring the lawsuit really matters in what results you can expect.

Connecticut vs. New York

In CT, the Connecticut Unfair Trade Practices Act ("CUTPA") lets consumers recover punitive damages with no cap. Plus, if you couple the lawsuit with another cause of action, like identity theft under CGS 52-571h, which provides for treble damages (triple your actual damages), the sky would be the limit as we recently saw when the CT Supreme Court ruled that a Plaintiff could recover both together (treble + punitive) in White v. FCW Law Offices. That means if the bad behavior is really bad, the award can climb into serious money. Plus, CUTPA provides for attorneys’ fees if you win.

While NY has a similar law, General Business Law § 349, that also allows treble damages, it caps them at just $1,000. Moreover, the statute does not provide for punitive damages where a separate cause of action that provides for punitive damages would be necessary to obtain them in NY and even then, NY courts keep them relatively low as compared to CT. In other words, in New York, even a slam-dunk case can hit a low ceiling.

When a company tricks consumers, with items like fake account messages, buried terms, and/or intentionally hard cancellations, which in turn hurts thousands of people, a class action in CT (in Fed Court based on the diversity that would likely exist) could mean a much bigger payout for consumers than the same case in NY.

Even more important is picking a firm that knows various state laws and can guide you to the right forum that gives you the best opportunity and knows how to work the law to your advantage. 

So next time you hear about a big consumer case or deceptive business practice, remember the where and the who matter just as much as the what. The right state can mean the difference between a small payout and a meaningful recovery, and the right law firm will know exactly where and how to file to get you the best result.

If you believe you’ve been misled by a company’s deceptive practices, don’t leave money on the table. Contact Lieb at Law today to evaluate your potential class action claim. 



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Thursday, August 21, 2025

Is Calling a Male Employee BALD Employment Discrimination?

Apparently, the UK thinks so, but what about in NYS?

In NYS, you'd have to prove that such a comment rose above a petty slight or trivial inconvenience so context would be everything. In such, we have questions:

  1. Was it said as a joke or a slight?
  2. Who said it - management or a co-worker?
  3. When / Where was it said?
  4. Was it only said once or repeatedly?
  5. Did the victim ask for it not to be said and then, was it said again after?
  6. Was it just said, or was the victim given clothing that called him "the bald guy"? 
  7. Was it just a comment or an identity?
  8. Were other bald men not called bald? 
  9. What about bald women?
  10. Did the victim have an underlying medical condition contributing to being bald - like cancer treatments? 

The list goes on, but the answer isn't simple. Regardless, NYS has a relatively low standard to prove hostile work environment discrimination under the New York State Human Rights Law. In contract, federal law, under Title VII, requires proof that the harassment was severe and pervasive, which would be much harder to prove. Either way, context is everything and eliciting the right evidence is what makes you win or lose this type of case. So, don't just ask an AI, sit down for a comprehensive consultation to learn whether you have a sexual harassment case. 

Use our Discrimination Case Checklist to see how your situation measures up, and then contact Lieb at Law to discuss your rights and options. Our team is here to help you determine if you have a case and fight for the justice you deserve.


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Wednesday, August 20, 2025

Think You Were Racially Discriminated Against at Work? You’re Not Alone - And Here’s How to Prove It

According to Survey on Racism, Discrimination and Health: Experiences and Impacts Across Racial and Ethnic Groups, a 2023 national study, these are the percentages of people who reported that they have experienced discrimination within the past year:

  • White People = 38% 
  • Black People = 54% 
  • Latino People = 50%
  • Asian People = 42%
Yet, believing that you were discriminated and proving it are two totally different things. 

The key to proving discrimination is that you can demonstrate an adverse employment action with respect to available of a job, or a term, condition, or privilege of employment, that occured BECAUSE of your race. 

The fact that you are black and something bad happens to you at work is not discrimination. However, the fact that something bad happens to you at work BECAUSE you are black is discrimination. 

The best way to prove that the adverse action occurred BECAUSE of your race is by having:
  1. A comparator of a different race, in the same position, with the same essential job functions, who did not have the same adverse employment action or compensation;
  2. Experienced a hostile environment in terms of discriminatory speech that was documented or witnesses - saying something to you that was offensive and tied to your race, like the N-Word;
  3. Received false reasons for the actions taken - you can prove they are pretextual; or
  4. Actions taken that expressly violate a company policy or procedure. 

If you believe you may have been a victim of workplace discrimination, the first step is understanding whether your experience meets the legal test. Use our Discrimination Case Checklist to see how your situation measures up, and then contact Lieb at Law to discuss your rights and options. Our team is here to help you determine if you have a case and fight for the justice you deserve.


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Thursday, August 14, 2025

Are Company DEI Programs Going to Get Them Sued for Reverse Discrimination?

This past month, the Department of Justice issued guidance on Diversity, Equity, and Inclusion (DEI) for Funding Recipients, but every employer and employee (regardless of government funding) should take notice of this guidance because it explains a lot of acts that give rise to a reverse discrimination lawsuit and many employees now seem to have a good case. 

Federal law prohibits discrimination on the basis of protected characteristics like race, sex, and religion, and if you object to a policy you believe is discriminatory, you are legally protected from retaliation. The DOJ’s new guidance clarifies that all discrimination, including “reverse discrimination” is illegal, even when done with good intentions under a DEI label. 

This means that policies giving preferential treatment based on race or sex in hiring, promotions, or contracting are likely unlawful. Watch out for “diverse slate” mandates or quotas in hiring, as these are specifically called out by the DOJ as problematic. 

The government is also scrutinizing seemingly neutral terms like “cultural competence” when they are just used as a substitute for race. Notably, DEI training that segregates employees by race or promotes stereotypes can create a hostile environment and violate federal law. The main takeaway is clear: workplace policies must ensure equal opportunity for everyone, without exception, and calling a discriminatory policy DEI does not protect it from constituting actionable discrimination.


Thursday, August 07, 2025

Was "hottest in the room" Tulsi Gabbard a victim of sexual harassment by the Federal Government?

On July 22, 2025, and while speaking to Republican lawmakers at the White House, Trump said about Tulsi Gabbard, “She’s like, hotter than everybody. She’s the hottest one in the room right now.” and “Speaker, she’s hotter than you right now, speaker. She’s the hottest person in the room right now, speaker,” Is that sexual harassment under Title VII? 

To constitute sexual harassment under federal law, under the hostile work environment theory, the sexual harassment must be severe and pervasive. That standard is lowered in states though, like New York under its New York State Human Rights Law where the standard is inferior terms and conditions that rise above petty slights and trivial inconveniences. However, under any analysis, it's all about the context and the culmination of other acts that instruct as to whether a victim has suffered from a hostile work environment based on sex. 

Here, Tulis has no case and it is impossible to find sexual harassment because Trump made the context of his statement expressly known where he wasn't using the term "hot" with respect to looks, but instead, with respect to his perception that she is killing it at her job. We know this because his next statement was “[Gabbard] found out that Barack Hussein Obama led a group of people and they cheated in the elections and they cheated without question.” 

The takeaway is you can't have a got yah moment without context. It's not about what was said standing alone. It's about what was sent, when it was said, why it was said, where it was said, who said it to whom, and which witnesses can corroborate the purported victim's tail of events because sexual harassment needs to be both subjectively and objectively harassment to constitute actionable discrimination.