The Australian Competition and Consumer Commission (ACCC) has launched legal action against eHarmony in the Federal Court in response to the dating site company’s allegedly misleading pricing, renewal, and membership duration statements.
The consumer watchdog said that eHarmony misrepresented itself as a free dating site but that users could not engage in continuous communication with other users under the free basic membership. Under the free membership, users can only see blurred and unrecognisable pictures of other users and receive and reply to only one message from a premium member.
In addition, a non-paying member can send only one virtual smiley and use the ‘icebreaker’ feature.
In order to view pictures properly and send text messages to and read messages from other members, users must upgrade to a premium membership subscription offered for six, 12, or 24 months.
“eHarmony’s free basic membership had limited functionality which, we allege, did not allow members to engage in ‘free’ dating with other members, as advertised, but required them to upgrade to a paid premium membership before being able to date,” ACCC Chair Gina Cass-Gottlieb said Sept. 7, noting that ACCC received numerous complaints from customers.
Currently, eHarmony still has a “Start Free Today” call-to-action on its website.
It says that its free basic membership allows a member to gain access to millions of relationship-minded singles; have unlimited matches; access tools such as Smiles, Icebreaker & Greetings; and have limited messaging feature.
According to ACCC, most of the allegations against eHarmony date back to November 2019, and most of these practices complained about are still ongoing.
ACCC added that eHarmony did not disclose the accurate costs of their services and advertised an incorrect monthly rate, which did not include a mandatory additional fee if customers prefer a monthly basis. The dating site also allegedly misled consumers, for at least two years since August 2019, that it was possible that they could still cancel their subscriptions after they had signed up.
Customers were also not aware of the automatic renewal scheme, the terms of which are only displayed in small font late in the purchase process and in its terms and conditions.
“Consumers who were considering whether to purchase a premium membership may have been more willing to do so because they thought there was an opportunity to cancel after sign up, or that memberships were cheaper and shorter than they in fact were,” the chair said.
“We are disappointed to have to take this action, especially since eHarmony should have been well and truly on notice about the need to provide consumers with clear and accurate information about their dating services.”
The ACCC said that it is seeking penalties and declarations, including injunctions, consumer redress, and costs.
The ACCC said that eHarmony deprived its users of the chance to make an informed decision as to whether to join the site and the costs related to it.
Meanwhile, eHarmony intends to fully respond to the accusations in court, 9News.com.au reported.
“eHarmony is aware of this matter and has fully cooperated with the ACCC throughout its investigation,” the company told 9News.com.au.
“Given that this matter is currently before the court, we cannot comment further at this time.”
