Online Dating: When “Mr. (or Ms.) Right” Turns Out All Wrong, Sue the Service!

Phyllis Coleman, Nova Southeastern University

Abstract

This article is the first to address the relevant legal issues when an unhappy customer sues his or her online dating service. It briefly discusses these websites and suggests that, although most users are pleased with their experiences, as more than 40 million people each month are logging on to search for love at one or more of the approximately 1,400 sites, it is not surprising that some are dissatisfied. This is particularly true as the operators of some services are exploiting their customers by such tactics as misrepresenting the numbers of subscribers, posting profiles of non-existent "members," and refusing to terminate agreements when requested. Some states regulate these contracts. These statutes are described, compared, and contrasted. After that, case law in which disgruntled consumers sued for fraudulent practices, discrimination, or failure to protect their clients are analyzed. Finally, the piece concludes that the number of online dating participants will continue to rise which will likely lead to the passage of additional statutes and much more litigation.