eHarmony ruling puts online pricing and sign-up claims in focus
The Federal Court has formalised consumer-law contraventions involving free-service claims, pricing, automatic renewals and cancellation.
Declarations made. Penalties remain undetermined; an application for leave to appeal is foreshadowed.
What happened
In ACCC v eHarmony, Inc (No 2) [2026] FCA 1445, Justice Horan made declarations giving effect to liability findings delivered on 25 August 2026. The new decision is dated 1 October 2026.
The declarations address misleading free-service representations, monthly prices omitting mandatory fees, failure to prominently specify the single price, and representations about renewal and cancellation.
The Court did not impose a penalty in this decision. eHarmony indicated it intends to seek leave to appeal some liability findings. The matter is to return for case management no earlier than 28 days after the orders.
Why it matters
The decision concerns the whole customer journey: what an advertisement promises, what a sign-up page discloses and what the customer must actually pay. It also illustrates how declarations can be made before the penalty stage of a consumer-law proceeding.
The Lawgistics take
For firms offering digital legal services or subscriptions, review advertisements, intake screens, engagement terms and billing together. Check that free offers, total prices, renewal terms and cancellation consequences are communicated consistently.