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The eHarmony app is seen on a smartphone device
The eHarmony app is seen on a smartphone device. eHarmony says it intends to ‘fully respond’ to the ACCC’s allegations in the federal court. Photograph: Stephanie Moring/AAP
The eHarmony app is seen on a smartphone device. eHarmony says it intends to ‘fully respond’ to the ACCC’s allegations in the federal court. Photograph: Stephanie Moring/AAP

‘Real love’ or false advertising? eHarmony sued by ACCC over ‘free dating’ offer

This article is more than 8 months old

Watchdog alleges US-based site misled consumers about pricing, renewal and duration of memberships

A popular online dating site has been accused by the consumer watchdog of entrapping singles by only showing them blurred photos of their matches and then locking them in a cycle of membership renewal.

The Australian Competition and Consumer Commission launched federal court action against the US-based eHarmony on Thursday, alleging it breached consumer law by making misleading statements about pricing, renewal and duration of memberships.

The watchdog alleged the website tried to lure customers to sign up by falsely advertising “free dating”, one-month memberships and early cancellation options.

Users can register for free subscriptions after completing an 80-question compatibility quiz, but these memberships do not allow them to properly communicate with matches, the ACCC has claimed.

The free option only allows singles to see blurred, unrecognisable profile photos of other members and does not permit them to engage in ongoing communication, the watchdog will allege.

Free members are instead limited to liking other profiles, receiving and sending a single reply to one text from a premium member, using the “icebreaker feature” and sending a smiley.

It’s further alleged the site, which says it helps singles find “real love”, tried to trap them into signing up for six, 12 or 24-month memberships when they actually automatically renewed, costing hundreds of dollars more.

“The ACCC is concerned about the issue of subscription traps in digital services,” the commission’s chair, Gina Cass-Gottlieb said.

“We remind digital platforms of the need to be clear with consumers about renewals and cancellations.”

She said consumers using online dating may be more at risk of succumbing to misleading or manipulative selling practices.

“Dating apps provide important services that are used by many Australians to meet new people and make connections and they have become an intrinsic part of many people’s social lives,” Cass-Gottlieb said.

“These are personal services, and consumers may bring a different state of mind to these interactions than a commercial one.”

The ACCC wants eHarmony to pay penalties, costs and make declarations to the court, as well as injunctions and consumer redress.

An eHarmony spokesperson said the company had co-operated with the ACCC throughout its investigation, but could not comment further as the matter was before the court.

“We deeply value the experience of all our members, including our Australian members, and we take our compliance obligations seriously,” she said.

“We intend to fully respond to the ACCC’s allegations in court.”

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