In February, two class action lawsuits were filed against dating app companies. Both lawsuits were filed against Match Group LLC. (Match Group) –its portfolio of brands that includes Tinder, Hinge, and Match, among others. The first lawsuit was filed on February 5th in state court in Illinois, by one plaintiff on behalf of himself and similarly situated persons. The complaint alleges that Match Group unlawfully collected and disclosed sensitive and proprietary biometric data from the plaintiff without his consent, violating state privacy laws. The second lawsuit was filed on February 14th by six dating app users claiming that Match Group uses “predatory” business practices to manipulate users to remain on the apps continuously as paid subscribers, violating consumer protection laws. Let’s get into the details.
Background
The first lawsuit brought by a single plaintiff on behalf of similarly situated people alleges that Match Group violated the Illinois Biometric Information Privacy Act (BIPA) by unlawfully collecting, storing, and disseminating biometric data (specifically facial geometry) without customer consent and without safeguards in place to protect users. The complaint also alleges that the company operated without a publicly available retention policy and disclosed propriety customer biometric information to third parties without consent or authorization. To verify the identity of dating app users, some apps request pictures to confirm the legitimacy of someone’s dating profile –to prevent fakes. The plaintiff uploaded his picture and went through the app verification process to gain access to the site. The plaintiff alleged that Match Group retained this propriety information even after they verified his identity and sold it to third parties, which the plaintiff argues is in breach of BIPA.
The second lawsuit, filed on Valentine’s Day, accused Match Group of predatory business practices modeled on “deliberately employing psychologically manipulative features to ensure [users] remain on the app perpetually as paying subscribers.” According to the complaint, plaintiffs alleged that the dating apps “use powerful technologies and hidden algorithms to keep users hooked and continuing to pay.”
According to reporting by The Washington Post, the lawsuit alleged that the Match Group business model relies on users’ “purchases of subscriptions and premium features marketed as bringing people closer to love [when] in reality, users are being drawn into ‘compulsive’ usage that does not help them meet their relationship goals.”
Who are the Parties to the Lawsuits?
The first of the two lawsuits filed in February against Match Group LLC was filed in the State of Illinois Circuit Court of Cook County Chancery Division. The complaint was filed by Plaintiff Joshua Whitman –a resident of Illinois, against Match Group LLC, alleging violations against the dating app Hinge. The plaintiff seeks statutory damages and class action status for Illinois residents negatively affected by Hinge’s alleged illegal business practices.
The second lawsuit was filed on February 14th by six plaintiffs from California, Florida, Georgia, and New York. It was filed in US District Court for the Northern District of California. The plaintiffs seek damages for an unspecified amount for “people who paid to use Tinder, Hinge or The League in the last four years…[and] also seeks new warnings about the risks of addiction, and removal of the ‘designed to be deleted’ language” the company uses to promote its Hinge dating app.
What are the Legal Claims Alleged?
Feb. 5 Lawsuit
In the Illinois lawsuit, the complaint includes three causes of action. Count one alleges that Match Group violated Illinois’ BIPA by failing to provide a “written policy, made available to the public, [one that] establish[es] a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information when the initial purpose for collecting or obtaining such identifiers or information has been satisfied.”
Count two alleges that Match Group not only failed to dispose of plaintiff’s proprietary biometric information but that the defendant violated BIPA by collecting and storing biometric information without first informing the plaintiff in writing that the information was being collected and stored, informing plaintiff the specific purpose and length of term in which the biometric information would be stored and used, and defendant failed to obtain a written release by the plaintiff allowing his biometric information to be utilized.
Finally, in count three, the plaintiff argued that Match Group violated BIPA by disclosing or otherwise disseminating “the plaintiff’s biometric information to numerous third-party service providers for Defendant’s business purposes…,” to name just one among other violations.
Feb. 14 Lawsuit
In the second lawsuit filed against Match Group, the six plaintiffs alleged eleven causes of action: (1) violation of California Consumers Legal Remedies Act, (2) violation of California False Advertising Law, (3) violation of California Unfair Competition Law, (4) New York General Business Law, (5) violation of Georgia Deceptive Trade Practice Law, (6) Violation of Florida Deceptive and Unfair Trade Practice Act, (7) Breach of Express Warranty, (8) Unjust Enrichment, (9) Strict Products Liability -Failure to Warn, (10) Negligence -Design, and (11) Negligence -Failure to Warn.
What are the Broader Implications?
There has been a growing trend of lawsuits filed against large social media companies and now dating app companies over data privacy concerns and the addictive nature of online apps. It’s important to note the hurdles plaintiffs will likely face in their respective lawsuits concerning proof or evidence that they were “harmed” by Match Group’s retaining and resharing of plaintiff’s biometric information and that they were “harmed” by the addictive nature of the dating apps –whether it rises to the level of “predatory” business practices. It will be interesting to see how these two lawsuits play out in the courts as lawmakers and judges try to balance online user autonomy with customer protection and privacy under the law.
Interested in Learning More?
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Sources:
https://trellis.law/case/17031/2024-ch-00727/joshua-whitman-vs-match-group-llc
https://www.npr.org/2024/02/14/1231513991/tinder-hinge-match-group-lawsuit
Music: Disruptor’s Dance by Anka Mason
Blog Narration: Anka Mason
