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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) - San Diego County public health officials have reported 381 new COVID-19 cases and three new fatalities, raising the region's total to 56,750 cases and 891 deaths.Of the 12,879 tests reported Saturday, 3% returned positive with 239 people hospitalized. No new community outbreaks were reported.A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.The county avoided the state's purple tier, the most restrictive, for yet another week on Tuesday, remaining in the less restrictive "red" tier of the state's four- tiered coronavirus monitoring system.The county's adjusted case rate dropped to 6.5 new daily COVID-19 cases per 100,000 population.According to the California Department of Public Health, the county's unadjusted case rate is 7.4 per 100,000 -- enough to be in the purple tier, which has a floor of 7 per 100,000. However, the high volume of tests the county is able to perform daily allows for an adjustment from the state. This adjustment has kept the county in the red tier for several weeks, saving it from having to shut down nearly all nonessential indoor businesses.The state data, updated every Tuesday, reflects the previous week's case data to determine where counties stand in the state's four-tiered reopening system.San Diego County did show modest improvement, dropping 0.4 from last week's unadjusted case rate of 7.8. The testing positivity rate continued an upward trend, rising 0.2% from last week to reach 3.5%, but remains low enough for this metric to remain in the orange tier. If a county reports statistics meeting metrics in a higher tier for two consecutive weeks, it will move into that more restrictive tier for a minimum of three weeks.The state's health equity metric, which looks at the testing positivity for areas with the lowest healthy conditions, dropped from 5.5% to 5.1% and entered the orange tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.All students at San Diego State University remain under a stay-at-home advisory. The advisory began at 6 p.m. Friday and will run through Monday at 6 a.m. University officials said the move was made to discourage students from participating in Halloween events in which physical distancing cannot be done. Students are advised to stay home unless they have an essential need.The Escondido Union School District reported two positive cases Thursday at Mission Middle School.District officials were notified of the positive tests on Tuesday, and said the cases were separate.The new cases prompted district officials to advise 25 students, five teachers and three classroom aides to begin a 14-day quarantine.The Vista Unified School District reported four COVID-19 cases Monday, including two Mission Vista High School students, one Roosevelt Middle School student and one Alamosa Park Elementary School student.On Tuesday, the district confirmed two additional cases -- one at Mission Meadows Elementary School and one at Alamosa Park Elementary School.According to the district's COVID-19 safety dashboard, it has recorded 13 cases since Sept. 8, with nine of those coming after Oct. 20.The VUSD Board voted Tuesday to shut down at least one campus for two weeks starting Thursday as a result of the rising cases. At least 400 students and nearly two dozen staff members have been ordered to quarantine.Mission Vista High School moved to distance learning for at least two weeks starting Thursday, while Alta Vista High School and Roosevelt Middle School also face potential closures. 3642

SAN DIEGO (CNS) - The San Diego chapter of the Surfrider Foundation announced Tuesday that it sent more than 2,200 letters from county residents to federal, state and local leaders calling for the prioritization of addressing toxic waste and pollution in the Tijuana River and coastal waters in south county.The organization said it sent letters to, among other people, President Donald Trump, Gov. Gavin Newsom, senators Kamala Harris and Dianne Feinstein, U.S. Environmental Protection Agency Office of International and Tribal Affairs Assistant Administrator William Charles "Chad" McIntosh, the county Board of Supervisors and the entirety of San Diego County's congressional delegation.The letters include a call to clean up contaminated water in the Tijuana River and near the U.S.-Mexico border that has resulted in closure of the Tijuana Slough and Imperial Beach shorelines for 190 days and 50 days, respectively, so far this year. Those numbers are likely to increase as rainfall later in the year typically exacerbates any contamination.The organization and the letters also call on the federal government to include Clean Water Act provisions in the U.S.-Mexico-Canada Agreement, a replacement trade deal for the North American Free Trade Agreement that went into effect in 1994."During the month of September there have been four transboundary flow reports issued by the International Boundary and Water Commission, totaling about 120 million gallons of treated and untreated wastewater that funneled into the Tijuana River and into the Pacific Ocean," the organization said in a statement.Transborder pollution from the Tijuana River has contaminated U.S. waters and coastlines for decades, forcing the county to regularly close beach access near the border. During that time, local and state officials and environmental activists have called for federal assistance to protect the health of the environment and residents near the border.In July, Reps. Juan Vargas, D-San Diego; Scott Peters, D-San Diego; and Mike Levin, D-Oceanside, introduced legislation to increase funding for Tijuana River clean-up efforts and prevention of future pollution. In April, Harris and Feinstein submitted a jointly written letter to multiple federal agencies requesting they address sewage runoff in the river.Surfrider and the city of San Diego have also filed lawsuits against the U.S. section of the International Boundary and Water Commission, which oversees waterways that traverse the border. The lawsuits argue that the UBWC has neglected pollution in the river and its effect on the environment."Now is the time to continue to elevate this dire issue," said Bethany Case, co-lead of the organization's Clean Border Water Now campaign. "We need the support of our highest levels of government." 2807

SAN DIEGO (CNS) - San Diego-based medical technology company Phamatech and its CEO have agreed to pay more than million to resolve allegations that they submitted false claims to Medicare and received government reimbursements for unnecessary lab testing, the U.S. Attorney's Office said Friday.Prosecutors allege the company paid kickbacks to a medical clinic, which in return ordered Phamatech lab testing for its patients enrolled in Medicare.Over the course of about two years, Phamatech, which manufactures diagnostic devices and provides lab testing services such as drug and alcohol tests, paid a per-specimen fee to Imperial Valley Wellness in exchange for referrals of urine samples from Medicare beneficiaries, according to the U.S. Attorney's Office.Many of the samples referred to Phamatech were not necessary and thus ineligible for Medicare reimbursement, prosecutors said.The company, along with its CEO and founder Tuan Pham, agreed to pay ,043,484 to settle allegations that Phamatech violated the federal Anti- Kickback Statute and the False Claims Act.The U.S. Attorney's Office said the allegations were originally brought in a lawsuit filed by former Phamatech employee John Polanco, who will receive 7,392 from the settlement proceeds. 1273

SAN DIEGO (CNS) - The Port of San Diego's Board of Port Commissioners announced its approval Thursday of a 15-year extension for the San Diego Symphony Association's lease at Embarcadero Marina Park South. The lease, approved Wednesday, includes three 10-year options and one five-year option, allowing the association to lease the park for up to 50 years. The association currently uses the park land for its Bayside Summer Nights concert series, which it started in 2004. The concert series is held on a temporary stage that is assembled and disassembled each year. Later this year, the association hopes to break ground on the Bayside Performance Park project that would include construction of an open-air performance venue with seating for 10,000 as well as various improvements to park features like benches and basketball courts. The new venue also would serve as the permanent location for Bayside Summer Nights. ``The San Diego Symphony is investing a minimum of million in improvements, including many public amenities and better performance facilities, creating a new, year-round attraction on the San Diego Bay waterfront,'' Board Chairman Garry Bonelli said. ``We're confident concert-goers will love the improved access and state-of-the art stage and sound system, and bayfront visitors will love the new and improved part.'' The stage will be designed by London-based company Soundforms, according to the association. The stage will be feature an acoustically engineered shell made of tensile white fabric and will complement the look of the nearby San Diego Convention Center. The venue will remain open to the public year-round as part of Marina Park South. ``I want to recognize the incredible partnership that has existed over the past four-and-a-half years between the Port of San Diego, the California Coastal Commission and the San Diego Symphony Orchestra,'' San Diego Symphony CEO Martha Gilmer said. ``The work we have accomplished together to create and activate a public performance park will be transformative and have lasting impact to San Diego residents and visitors.'' The lease extension is the last major step in the project's approval process, according to symphony officials. With the extension complete, ground-breaking on the project may happen by September. 2308

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