This lawsuit alleges that TINDER deceptively advertised its online dating “app” as free and later charged service fees to users without required notice and consent, in violation of federal electronic funds transfer requirements and Florida consumer protection laws.
Tinder utilizes a user’s location using the GPS in their phone and their Facebook information to create a profile. Tinder then finds potential matches for a user within a nearby geographical radius, and suggests potential matches, which a user has the option to like or pass. Tinder’s primary draw for consumers is a feature known as a “swipe,” which is the act of swiping one’s finger on their smartphone touch screen within the Tinder app either left or right, in order to respectively approve or pass on a suggested potential match. If both users swipe right and “like” one another, Tinder then creates a communication line between the individuals that allows them to message each other. Tinder promotes its service on its website as “free" and "available on iPhone and Android phones.”
Florida resident Billy Warner downloaded Tinder to his iPhone mobile device via iTunes in early 2014 after viewing various advertisements, promotions, and websites (including iTunes) that Tinder was a “free online dating app.” According to the complaint Wilder filed against Timber on October 9, 2015 (United States District Court for the Southern DIstrict of Florida), Tinder abruptly began informing consumers on or about March 2, 2015, that consumers would no longer be able to enjoy unlimited free swipes on Tinder unless they purchased a $2.99 per month Tinder Plus account. Warner claims the unlimited swiping ability is necessary requirement for a user to meaningfully use the Tinder app because the vast majority of users’ matches are either fake users, escort services, or pornography bots. He alleges that after he reluctantly purchased a $2.99 monthly Tinder Plus plan and later, in April 2015 when he purchased a Tinder Pro subscription for $19.99 per month, Tinder continued to also auto-debit him $2.99 for Tinder Plus.
The complaint alleges Tinder further deceived reasonable consumers by failing to disclose to users that by signing up for a new Tinder Pro subscription for $19.99 per month, Tinder would not automatically unsubscribe the consumers from their existing $2.99 per month plan, and would continue deducting monthly fees from their payment accounts, without authorization, thereby double billing customers for identical subscription plans to Tinder Pro.
Warner seeks class action certification for himself and similarly situated individuals whom Tinder is alleged to have misled as to account terms and and who were charged multiple times for the same services. The complaint alleges Tinder continued to automatically withdraw funds from their payment sources, under highly misleading terms, and without their express “acceptance” or “authorization,” written or otherwise, to the account terms.
The complaint seeks damages and injunctive relief regarding Tinder’s alleged misleading business practices, including the practice of making misleading automatic renewal offers and continuous service offers, false advertising, unlawful price discrimination, in violation of the federal Electronic Funds Transfers Act and Florida’s Free Gifts, False Advertising and Deceptive and Unfair Trade Practices statutes.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Tinder App Free Services Alleged Not Really Free Complaint
October 9, 2015
The complaint for this class action alleges that Tinder, Inc.'s dating app, which has been advertised as "free", is not really free, and that Tinder violated the federal Electronic Funds Transfer Act.
tinder_complaint.pdfCase Event History
Tinder App Free Services Alleged Not Really Free Complaint
October 9, 2015
The complaint for this class action alleges that Tinder, Inc.'s dating app, which has been advertised as "free", is not really free, and that Tinder violated the federal Electronic Funds Transfer Act.
tinder_complaint.pdf