Federal Court finds eHarmony misled Australian users with fake free services

Users of eHarmony's website and app, the fourth largest of its kind in Australia, were misled with fake free dating services and then forced to pay, the Federal Court of Australia has found.

Users of its free basic membership were unable to talk to other single people online without paying, the court found.

Those who paid for a one-month premium membership were then charged for a six-month subscription, had to pay hidden and additional mandatory fees and were unable to cancel payments that automatically renewed, even after profiles were deleted.

"Try before you buy — and no pressure to sign up," a message on the free dating page read.

"We love our site and want you to enjoy it too, which is why we encourage you to sign up for free, review your matches and get to know us a little better."

It was a confusing statement, Justice Christopher Horan said on Tuesday when he found the company deceived its Australian customer base.

"I consider that such an assumption or conclusion was erroneous. Accordingly, the conduct was misleading or deceptive," he said.

"The one-month representation amounted to conduct that was liable to mislead the public.

"I accept the ACCC's submission that it was not possible to use the eHarmony Platform as a Basic member, free of charge, to 'date' other members by engaging in ongoing communications for the purposes of developing a romantic relationship."

The court found about 1.3 million users from Australia registered for a basic membership between 2019 and 2024.

One user who gave evidence to the court — and cannot be named for legal reasons — signed up for a six-month membership at a one-time discounted payment of $155.64, but deleted her profile two months later after failing to meet anyone.

When the six-month period expired, eHarmony renewed her subscription and billed her credit card $478.80.

She told eHarmony she didn't wish to continue her subscription and cancelled her credit card when the platform refused her request.

The company, which refers to itself as "the No.1 trusted dating app" referred the woman to a debt collection agency.

The proceedings were brought before the federal court after the consumer watchdog became aware of the repeated pattern.

The ACCC received hundreds of complaints from consumers, commissioner Luke Woodward said.

"Dating platforms are an important part of Australians' social lives,'' he said on Tuesday.

"Many people use them to meet others and form valuable connections.

"Consumers were not adequately informed about their memberships' duration or that the membership would automatically renew, including, for many, at a much higher price."

The court will decide on penalties and consumer redress at a later date.

eHarmony has been contacted for comment.