Australian Court Finds eHarmony Misled Users on Membership Costs
The Australian Federal Court has ruled that eHarmony misled consumers regarding the cost and terms of its dating memberships, as alleged by the competition regulator following numerous consumer complaints. The judgment highlights a range of practices now categorized as "dark patterns," particularly related to automated subscription renewals at significantly higher prices.
Striking Renewal Terms
The court found that eHarmony’s memberships automatically renewed for another 12 months at up to five times the original price, a fact not adequately disclosed to users.
Misleading Advertising
The platform advertised "free" dating while preventing users from communicating with others without paying, which the court deemed misleading or deceptive. Additionally, eHarmony advertised one-month options for a six-month minimum term and claimed that early cancellation was possible, when it was not.
Pricing Display Issues
eHarmony displayed monthly prices without revealing mandatory additional charges for monthly payments and failed to show the total minimum cost alongside the monthly figure, as required by Australian Consumer Law.
Statutory Obligation
This last point is a specific legal requirement aimed at preventing headline monthly figures from obscuring the actual total cost a consumer will incur.
Impact and Timing
The conduct in question occurred between 2019 and at least mid-2024, affecting a substantial number of Australian consumers.
Commissioner’s Statement
"The ACCC took this action after receiving hundreds of complaints from consumers relating to charges from eHarmony," said Commissioner Luke Woodward.
Pending Penalties
Penalties have not yet been determined. The court will decide on financial penalties, consumer redress, and any other orders in a separate proceeding.
Regulatory Environment
Australia’s regulatory environment is stringent, with strict rules against misleading conduct and specific provisions regarding single-price displays. The ACCC has been actively pursuing subscription practices, joining forces with the FTC in targeting similar misconduct globally.