Tinder User Fights Dismissal of ‘Free’ Dating App Class Action

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A Florida Tinder user is asking the Court not to dismiss his class action lawsuit which alleges the dating app introduced a premium subscription that now limits its free features.

Plaintiff Brian Warner claims in his class action lawsuit that he used to enjoy unlimited “right swipes” on the app allowing him to let eligible singles in his area know he was interest in a date; however, with the introduction of the premium features on the Tinder app, he and others are now limited.

Tinder is a dating app that allows mobile phone users to view profiles of other singles in their area and “swipe” right to indicate an interest in the person on the other end or left to indicate they felt no love connection. According to the Tinder class action lawsuit, prior to Oct. 2015, Tinder users had access unlimited right swipes in pursuit of the one, but then the makers of the app severely limited right swipes unless users paid for the premium service.

The class action plaintiff alleges that Tinder still markets itself as a free service, however. “The use of the word ‘free’ was explicitly used as a hook to get millions of users to download and get hooked on Tinder’s services, only to later pull the rug out from under them and start billing them for these same services,” alleges Warner in a recent motion.

According to the Tinder class action lawsuit, Tinder’s marketing scheme of luring tens of thousands of people looking for love then billing them for their service violates Florida’s false advertising laws.

Tinder is fighting the class action, arguing that Warner cannot establish that the app maker violated Florida’s false advertising laws.

“He contends only that defendant failed to disclose ‘that it reserved the right to change its price at any time and in its sole discretion.’ Yet the notion that defendant had an affirmative duty to disclose the obvious fact that its pricing practices may change in the future borders on frivolous,” noted Tinder in its motion to dismiss.

The app maker also argues that it never advertised that swipes would remain a free feature of Tinder and that it has the right to change its policies at any time.

According to the class action plaintiff, Tinder mischaracterizes its actions when it comes to the premium service. Warner argues that Tinder’s scheme to attract users with promises of a free service, only to then charge for the service is enough to establish the class action claims of false advertising.

Further, says the plaintiff, he and others were harmed by Tinder’s false advertising scheme. Warner says that he was “unfairly induced” into purchasing the premium service on his quest for love and Tinder double billed him as well.

The plaintiff is represented by the Law Offices of Todd M. Friedman PC and Raymond Renato Dieppa of Dieppa Martinez PLLC.

The Tinder False Advertising Class Action Lawsuit is Warner v. Tinder Inc., Case No. 1:15-­cv-­23790, in the U.S. District Court for the Southern District of Florida.