Carole Markin was a member of Match.com for seven years and generally had pleasant experiences. That was until she met Alan Paul Wurtzel.
Markin and Wurtzel were matched on the site, had coffee one Sunday and enjoyed themselves enough to go out again. Having injured her foot presumably in the interim, and not wanting to drive, Markin agreed to let Wurtzel pick her up at her home. When they returned after their date, he walked her to her door, and when she unlocked it, he pushed her inside where he sexually assaulted her. Here’s where the website’s liability comes in. You see, Wurtzel had six prior sexual assault offenses.
In bringing the suit, Markin, a high-powered Hollywood executive, did not seek monetary damages. She wanted only for Match begin conducting background searches on its members. The breadth of that search is what will be interesting. Will it be limited to criminal backgrounds? What kinds of crimes would prohibit membership? Given that the sites typically include disclaimers intending to limit liability for physical, emotional and financial harm that may result from using its service, conceivably claims for fraud or theft would warrant exclusion from the site’s membership.
Match being the largest of the internet dating services, it is surprising that it had not taken this step, yet. eHarmony issued a statement that it had been screening in the US for years, but that it would step up its process. Zoosk similarly plans to increase security screenings in response to the settlement between Markin and Match. Craigslist so far has not comment.
A quick search of the National Sex Offender website resulted in no hits for Wurtzel. Presumably, a company like Match would have access to a more detailed and searchable database like the FBI’s NCIC, but that would require them to employ someone likely in law enforcement who would be granted access to the site. This all begs the question of just how much of your privacy are you willing to give up to a website in pursuit of love and happiness?
Of course, the range of responses to a claim like Markin’s would include that she should have looked out for herself more and not allowed this stranger to have access to her home. True. Even she wouldn’t argue with that. But when the other members of the industry are already taking steps to protect its members, the industry leader that Match is could have certainly expected that it was only a matter of time before a claim like Markin’s was made.