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SAN DIEGO (CNS) - The parent company of niche dating sites, including Christian Mingle, agreed to pay 0,000 in penalties and nearly million in refunds to customers whose subscriptions were automatically renewed to settle a consumer protection action, San Diego County District Attorney Summer Stephan announced today.The judgment filed in Santa Monica Superior Court will be shared equally among a task force of California prosecutors that also included district attorneys from Los Angeles, Santa Clara and Santa Cruz counties, as well as the city attorney of Santa Monica.The dating sites for Spark Networks USA, LLC, were automatically renewing customer payments without their express prior consent as required by federal and state law, among other alleged violations of law, according to the task force.RELATED: Donald Daters: New dating app aims to 'Make America Date Again'``Consumers always have the right to know where their money is going and companies must comply with California's laws in order to ensure that consumers understand certain transactions will renew automatically,'' Stephan said. ``This joint effort is a great example of how our Consumer Protection Unit works to protect people from unfair business practices in the marketplace and ensure that California's consumer protection laws are followed.''The judgment requires Jdate, Christian Mingle, and all of Spark's other dating sites to have full transparency with consumers about automatically renewing memberships.The company now must: -- clearly and conspicuously disclose the renewal terms; -- get consumers' consent, through a separate check box (or similar mechanism) that does not include other terms and conditions; -- send a clear summary of the renewal terms after consumers pay; and -- allow consumers to cancel easily.Spark Networks cooperated with the task force to reach the resolution.According to prosecutors, online ``subscriptions'' and other automatically recurring charges have proliferated in the United States in recent years.Some renewals come after ``free trials,'' where consumers need to cancel in time to avoid the charges. Federal and state law requires businesses to make auto-renewals clear to consumers, and to get their ``express, affirmative consent'' before collecting any money. However, many businesses still don't follow the law, prosecutors said. 2376

SAN DIEGO (CNS) - The California Supreme Court ruled this week that a San Diego court must re-examine its decision to allow a criminal defendant to subpoena Facebook to obtain private social media posts and messages he alleged would help him in his defense.The ruling issued Thursday laid out a series of factors for the trial court to consider when weighing whether to allow the defendant to gain access to his alleged victim's restricted posts and private messages.The ruling stems from the criminal case of Lance Touchstone, a Northern California man charged with attempted murder for allegedly shooting his sister's boyfriend in Ocean Beach in 2016.Touchstone sought to obtain information from the victim's Facebook posts that the defendant alleged would show his accuser was a violent person, bolstering a self-defense claim.A San Diego Superior Court judge ruled in Touchstone's favor and ordered Facebook to release the information, leading to subsequent appeals.In an opinion authored by Chief Justice Tani G. Cantil-Sakauye, she wrote that the trial court should consider a list of seven factors to consider when deciding whether good cause has been shown to grant the subpoena.These "Alhambra factors" include whether the defendant has shown a "plausible justification" for acquiring the information and whether acquiring the material violates a third party's confidentiality or privacy rights, among others.While the state Supreme Court declined to make its own determination on the subpoena's viability, it ruled for the trial court to re-examine the subpoena issue in light of these factors.Touchstone's attempted murder trial in San Diego remains pending for a date still to be determined, as courts remain closed to the public and jury trials have been delayed indefinitely due to the COVID-19 pandemic. 1826

SAN DIEGO (CNS) - San Diego County public health officials have reported 306 newly confirmed cases Sunday and no additional deaths from COVID- 19, bringing the county's totals to 29,883 cases and holding the death toll at 565.No new community outbreaks of COVID-19 were identified Saturday. In the past seven days, 37 community outbreaks were confirmed.Of the 5,655 tests reported Saturday, 5% were positive. The 14-day rolling average percentage of positive cases is 5.3%. The state's target is fewer than 8% of tests returning positive.Of the total positive cases, 2,577 -- or 8.6% -- required hospitalization and 652 -- or 2.2% -- were admitted to an intensive care unit.According to county data, 57% of adult San Diego County residents have underlying medical conditions such as high blood pressure, heart and lung disease, cancer, diabetes and obesity. These conditions put such people at higher risk for serious illness should they contract COVID-19.Of the total hospitalized during the pandemic due to the illness, 71% have been 50 or older. The highest age group testing positive for the illness are those 20-29, and that group is also least likely to take precautionary measures to avoid spreading the illness, a county statement said."Some San Diegans think they're not going to get sick and therefore are not following the public health guidance," said Dr. Wilma Wooten, the county's public health officer. "What they don't realize is that they could get infected and pass the virus to others who are vulnerable."An amendment to the county's public health order, which went into effect Wednesday morning, now requires all employers to inform employees of any COVID-19 outbreaks or cases at a place of business. Previously, the county recommended employers disclose outbreak information but did not require it."We are continually adjusting and making refinements," said county Supervisor Nathan Fletcher. "We believe most entities are acting responsibly, but this will ensure employers inform their employees."Speaking at the county's daily coronavirus briefing on Wednesday, Fletcher and county Supervisor Greg Cox said the county is rapidly attempting to recruit more Spanish-speaking contact tracers and investigators and increase testing in the South Bay, where communities are reporting the highest rates of COVID-19 in the county. The percentage of Latino contact tracers and investigators hired by the county is currently 25%.The head of the Chicano Federation of San Diego County was critical of the county's response, saying it had not taken actions to reflect its demographics in contact tracers -- an inaction that could be exacerbating cases and reporting in the county's Latino population."We were told repeatedly that the county was working diligently to hire people from the community to serve as contact tracers, and that they were being intentional about making sure contract tracers and investigators were representative of the community. They lied," Chicano Federation CEO Nancy Maldonado said in a statement Wednesday."The County of San Diego has failed Latinos at every step of this pandemic," she said. "Lives have been destroyed because of failed leadership. The response from the county has been irresponsible -- and San Diego County's Latino community is paying the price."Latinos make up 61% of those hospitalized in the county from the virus and 45% of the deaths. They compose around 35% of the county's population.Cox and Fletcher also said they would bring a plan for a safe reopening compliance team before the full Board of Supervisors. The team would supplement health order enforcement, including investigating egregious violations, outbreaks and conducting regular checks of the county's more than 7,500 food facilities.New enforcement could include a compliance hotline for tips, additional staff for investigations and outbreaks and coordination with cities to send a team to conduct investigations. 3954

SAN DIEGO (CNS) - People who visited the Lucky Lady Casino in San Diego on weekends over a six-month period ending in late September may have been exposed to tuberculosis, county health officials reported Tuesday.The Health and Human Services Agency is working with the casino to inform patrons and staff who may have been exposed between Feb. 23 and Sept. 30, said county spokesman Jose A. Alvarez.HHSA will provide testing at no cost to patrons who were potentially exposed, Alvarez said. Testing will be offered from 10 a.m. to 1 p.m. on Dec. 8 and 9 at the casino at 5526 El Cajon Blvd., he said.People who visited the casino are encouraged to contact their doctor or county TB Control if they cannot get tested on Dec. 8 or 9, Alvarez said.Beginning Tuesday, testing is also being offered to casino staff at no cost by county Occupational Health, according to HHSA officials, who noted it can take eight to 10 weeks after exposure for someone to test positive for TB.Those wanting more information may call Lucky Lady Casino at (619) 287- 6690 or the county TB Control Program (619) 692-8621.Dr. Wilma Wooten, the county's public health officer, said most people who are exposed do not become infected. However, testing is recommended because initial infection usually has no symptoms, she said.Tuberculosis is transmitted from person-to-person through indoor air during prolonged contact with an infectious individual. Symptoms include persistent cough, fever, night sweats and unexplained weight loss.The number of annual TB cases in San Diego County has decreased since the early 1990s, Alvarez said, with 258 cases reported in 2016, 237 in 2017 and 163 cases so far in 2018. 1691

SAN DIEGO (CNS) - Police were searching today for two men suspected of being involved in a shooting on an Encanto street.A man and a woman were standing outside of a parked car on 59th Street near Market Street around 7:20 p.m. Saturday when two men approached them, San Diego Police Sgt. Michael Tansey said. One suspect pulled out a handgun and shot at the male victim, who was hit once in his right ankle. The two suspects ran away north on 59th Street, then west on KenwoodStreet. RELATED: Man Tased in face, stabbed during fight in Rolando ParkOne suspect was described as a black man with a red hooded sweatshirt and his hair in a ponytail, according to Tansey. A good description was notavailable for the other suspect.The victim was taken to a hospital for treatment of his gunshot wound, which was not believed to be life-threatening, Tansey said. 864

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