Federal Court Rules eHarmony Misled Australian Consumers With Hidden Renewal Terms And Deceptive Pricing

The Federal Court has found that US-based dating platform, eHarmony, engaged in misleading and deceptive conduct over the pricing, renewal and duration of its Australian subscription plans, in a case brought by the Australian Competition and Consumer Commission.

The court determined that eHarmony breached the Australian Consumer Law on multiple fronts, including by giving consumers a false impression about how long their subscriptions lasted, obscuring the fact that memberships would automatically renew and failing to clearly disclose the total cost of its plans.

The ACCC commenced legal proceedings against eHarmony, Inc. in September 2023 after receiving hundreds of complaints from consumers about the platform dating back to November 2019.

Subscriptions Renewed At Up To Five Times The Original Price

At the centre of the case were eHarmony’s premium membership plans, which were offered in six, 12 and 24-month terms.

The court found that eHarmony gave consumers the false impression that their subscription was limited to the selected period. In reality, these premium plans automatically renewed for a lock-in period of 12 months, at prices that could be up to five times higher than the original subscription, or hundreds of dollars more than what the consumer initially agreed to pay.

If a renewal occurred, consumers were typically required to keep paying for the full 12 months, even if they contacted eHarmony to complain immediately after the renewal took effect.

The automatic renewal terms were not prominently disclosed. Instead, eHarmony displayed this information in small font late in the purchase process and in its terms and conditions.

Platform Advertised Free Dating And Monthly Plans That Did Not Exist

The court found that eHarmony had also breached the Australian Consumer Law by offering “free dating” to consumers when they could not engage in ongoing communication with other users without paying.

eHarmony was also found to have advertised one-month memberships when the minimum subscription period consumers could sign up for was six months. The platform told consumers they could cancel their subscription early, when in fact they could not.

The court further found that eHarmony displayed prices in a “from $xx/month” format without mentioning an additional mandatory fee that applied if consumers chose to pay on a monthly basis. However, the court accepted that from July 2024, when eHarmony added further disclosures, the relevant pages no longer represented that plans could be purchased for the stated monthly amount alone.

Single-Price Disclosure Requirement Breached

Under the Australian Consumer Law, when a business advertises a price divided into instalments, the minimum total cost must also be prominently displayed as a single figure.

The court found eHarmony failed to meet this requirement. The platform displayed a “from $xx/month” figure but did not accompany it with the total cost consumers were committing to over their initial subscription period. The total cost was only stated in small font late in the purchase process.

ACCC Commissioner, Luke Woodward, warned that the ruling carried implications beyond the dating sector.

“The Court’s ruling underscores that when businesses advertise a price for a subscription divided into instalments, such as a price per month, the minimum total cost must also be clearly and prominently displayed,” Woodward remarked.

ACCC Flags Broader Concerns About Subscription Traps

The ACCC framed the case as part of its wider focus on subscription traps and dark patterns in digital services.

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

“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.”

Woodward pointed to the broader pattern of deceptive design practices in digital services.

“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.”

He added that the regulator intended to continue pursuing these practices across the digital economy.

“The ACCC is committed to taking action against businesses that engage in misleading conduct in the digital economy, including by using subscription traps and other dark patterns that unfairly impact consumer choice.”

Penalties And Redress Still To Come

The court is yet to determine penalties, consumer redress and other orders sought by the ACCC. A further hearing on those matters will take place at a later date.

eHarmony, Inc. is a US-based company that provides dating services in Australia through its website and mobile app. The conduct examined by the court covered the period from 2019 to 2024.

The case is one of a series of ACCC enforcement actions targeting misleading subscription practices in digital services, with the regulator signalling that subscription traps and dark patterns remain a compliance priority.

Last Updated on September 5, 2026 by Nick Ross