The Federal Court of Australia ruled that eHarmony engaged in misleading or deceptive conduct, violating the Australian Consumer Law. The online dating service was found to have made false representations about free dating, subscription pricing, automatic renewals, and cancellation rights across its Australian platform.
The decision, Australian Competition and Consumer Commission v eHarmony, Inc [2026] FCA 1208, stemmed from ACCC action begun in 2019. The court found that eHarmony, a US-based company, contravened multiple provisions of the Australian Consumer Law.
eHarmony offered a free Basic membership and paid Premium plans of six, 12, or 24 months. Basic members could view profiles and blurred photographs, while Premium subscribers accessed full profiles and unlimited communication. The court found that eHarmony’s marketing of “free dating” misled consumers into believing they could use the platform at no cost to build relationships, which was effectively impossible with Basic membership restrictions.
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This conduct breached section 18 of the Australian Consumer Law and sections 29(1)(b), 29(1)(g), and 34. Many users decided to upgrade to paid tiers based on the gap between eHarmony’s promises and Basic membership’s limitations.
Before July 2024, eHarmony advertised Premium plans using pricing expressed as “from $x / month,” but consumers selecting monthly instalments were charged a mandatory additional fee not clearly disclosed. This was found to falsely represent that customers could purchase plans at the advertised monthly amount, breaching sections 18 and 29(1)(i). The court also found that eHarmony failed to prominently display the total single price for each subscription plan, as required under section 48.
Moreover, eHarmony’s website suggested that Premium subscriptions ran for finite periods, but in reality, they automatically renewed for 12 months at the regular undiscounted rate unless subscribers disabled automatic renewal before their period ended. This was found to be misleading under sections 18 and 34, as many subscribers overlooked or were unaware of the auto-renewal setting.
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The court also ruled that eHarmony misled consumers by falsely representing that they could obtain Premium membership for one month and by falsely claiming that Premium subscriptions could be cancelled during their term. Cancellation only took effect at the end of the subscription period, with no refund or waiver for amounts already paid or owed.
“Dating platforms are important for Australians to meet others and form connections. We’re concerned about subscription traps, and this case shows the need for clear consumer subscription terms,” said ACCC Commissioner Luke Woodward.
