Court finds consumer law contraventions involving pricing, subscriptions and automatic renewals
The Federal Court of Australia has found eHarmony, Inc. contravened the Australian Consumer Law through representations concerning free dating, subscription pricing, automatic renewals, one-month memberships and cancellation rights.
In Australian Competition and Consumer Commission v eHarmony, Inc [2026] FCA 1208, the court found the US-based online dating provider engaged in misleading or deceptive conduct. It made false or misleading representations in several aspects of its Australian service. The Australian Competition and Consumer Commission (ACCC) brought the proceeding over conduct dating from at least August 2019.
eHarmony offered free “Basic” membership and paid “Premium” memberships for six, 12 or 24 months. Basic members could view profiles and blurred photographs and had limited communication functionality, while Premium membership allowed users to view unblurred photographs and send and receive unlimited messages.
The Federal Court found that eHarmony’s representations that users could engage in “free dating” conveyed to ordinary and reasonable consumers that they could use the platform free of charge to engage in ongoing communications with other members to develop a romantic relationship.
The court found that this was not possible given the limitations of Basic membership. The conduct contravened s. 18 of the Australian Consumer Law and also contravened ss. 29(1)(b), 29(1)(g) and 34.
Before July 2024, eHarmony advertised six-, 12- and 24-month Premium plans at prices expressed as “from $x / month”. However, consumers choosing monthly instalments were charged an additional mandatory fee.
The court found the advertising falsely or misleadingly represented that consumers could purchase the plans by paying the advertised amount monthly. It contravened ss. 18 and 29(1)(i). The court also found eHarmony contravened s. 48 by failing to prominently specify, as a single figure, the single price for each subscription plan.
The court separately found the relevant website pages conveyed a dominant message that Premium subscriptions lasted for finite periods of six, 12 or 24 months. In fact, subscriptions automatically renewed for 12 months at the regular undiscounted price unless members turned off automatic renewal before the end of their subscription period.
The court found this conduct misleading or deceptive under s. 18 and liable to mislead the public contrary to s. 34.
The court also found eHarmony misleadingly represented that consumers could obtain Premium membership for one month when subscriptions were available only for six, 12 or 24 months.
A statement that consumers had an “opportunity to withdraw after signing up” also falsely or misleadingly represented that a Premium subscription could be cancelled during its term. Cancellation took effect only at the end of the subscription period, without refunding or waiving amounts paid or payable for the balance of that period.
“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 in a media release. “The ACCC is concerned about subscription traps in digital services, and this decision highlights the need for clarity in ongoing consumer subscriptions.”
