Court finds eHarmony engaged in misleading conduct in relation to automatic renewal and pricing of its subscriptions

The Federal Court has found that dating site eHarmony made misleading representations to consumers about the pricing, renewal and duration of its online dating memberships in statements online and in its app, in proceedings brought by the ACCC.

The Court found that eHarmony breached the Australian Consumer Law by engaging in misleading or deceptive conduct in relation to:

The Court also found that eHarmony had failed to display as a single price the minimum total amount a consumer would pay for their subscription alongside statements of how much a membership would cost per month, in breach of the Australian Consumer Law.

“Dating platforms are an important part of Australians’ social lives. Many people use them to meet others and form valuable connections,” ACCC Commissioner Luke Woodward said.

“The ACCC took this action after receiving hundreds of complaints from consumers relating to charges from eHarmony. Consumers were not adequately informed about their membership’s duration or that the membership would automatically renew, including, for many, at a much higher price.”

“The ACCC is concerned about subscription traps in digital services, and this decision highlights the need for clarity in ongoing consumer subscriptions. Obscuring the reality of purchases with confusing statements, hidden disclosures in small text and complex terms and conditions can mislead consumers.”

Automatic membership renewal found to be liable to mislead the public