Bingo! A Winner

I heard today from the attorney general's office, with a letter attached from Match.com. In it, Match.com agrees to refund my $89.97. Not bad. It does get in some digs, however, stating that I "continued to log in and use [my] account, up to and including November 6, 2005."

Duh. When I noticed the charges to my credit card, I immediately went to Match.com to find out what gives. That was on November 6, the day I actually began this blog. The other deal with Match.com is that, if someone thinks you are interesting and e-mails you, it typically arrives in your e-mail in-box. Simply by replying to the e-mail and saying, for example, "sorry, I'm no longer using Match.com," or "sorry, I'm no longer dating," Match.com considers that 'logging on.' Little do people know that they are actually still logged on automatically and still, apparently, 'using' their account. Match.com has literally made millions on their automatic renewal provisions.

Anyway, I'll use my $89.97 toward a nice dinner with my Match.com date.

The AG Waits

After about a month, another letter arrives from the attorney general's office. In it, the representative explains that Match.com has failed to respond to his inquiry and request for a response. Another letter is forwarded to Match.com from the AG's office, stating in part that "Mr. XX deserves the courtesy of a reply."

The AG Responds

A representative from the Minnesota attorney general's office responded fairly quickly to my complaint, stating in part that "I have contacted Match.com requesting that it address your concerns and provide a plan of action for resolving your complaint. When a response is received, I will forward that information to you for your review."

So far, so good.

The Complaint

And, along with the letter to Match.com, I attached the Complaint I made to the Minnesota Attorney General. Here's the language of that Complaint:

Match.com, through its parent company InterActiveCorp, operates an online dating service. Match.com advertises a “one month trial” program whereby the user can use the site's services for one month, for a charge of $29.99. Hidden in its terms of service for the site is a provision that provides for an "automatic" renewal each month of the service, for an additional $29.99 each month. Other users of the service are charged for automatic renewals for different periods--e.g., for a three month or six month service period. The practice ultimately deceives consumers into believing that they have only paid for a "trial period" or for a "three month period" when in fact they are charged additional and perpetual services at the end of the initial period. Match.com does not adequately inform consumers of these charges, nor does it inform consumers in advance of the additional charges. Such practices are deceptive under Minn. Stat. Sec 325D.44, in that they confuse and mislead the consumer.

Getting Formal

So, after my e-mail, I then wrote a formal letter to Match.com at whatever address I could find for them. Turns out they are owned by InterActiveCorp, Inc., which also owns Ask Jeeves, Garnet Hill, the Lending Tree, and a skad of other online services. I had to go to the office of the Texas Secretary of State to find a street address for Match.com, which seems to be as follows:

3001 E. President George Bush Highway, Suite 100
Richardson TX 75082

My letter then set forth my first line of attack, using Minnesota's Deceptive Trade Practices Act:

Dear Match.com:

I was shocked today to find charges to my credit card from Match.com, for August, September, and October 2005. Your practice of failing to adequately inform consumers of the automatic renewal provisions of any so-called “trial period,” in conjunction with the deliberate decision of Match.com to refuse to notify users of pending additional charges, are deceptive trade practices within the meaning of Minnesota law, specifically Minn. Stat. § 325D.44. I request an immediate refund of $89.97 for the three months I was billed for services.

I have also filed the attached Complaint with Minnesota Attorney General Mike Hatch, requesting an investigation of the charges on my account and the practice by which Match.com deceives consumers and reaps additional financial benefits from doing so. As there are numerous individuals who have been deceived by this practice, it clearly fits the definition of a deceptive trade practice, as it no doubt “creates a likelihood of confusion or of misunderstanding” regarding the automatic renewal process and charges on individual consumers’ credit card accounts.

Again, please issue a refund immediately.

Getting Serious

Given the complete lack of an adequate response, I upped the ante and responded as follows:

I appreciate the information. I am filing with the Attorney General's office in Minnesota a complaint of deceptive trade practices and consumer fraud. Your advertisement offers a 30 day trial period, which implies just what it says: 30 days of trial. You also do not inform consumers in a clear and conspicuous manner that the account will be automatically renewed upon expiration of the so-called 'trial period' and that the account continues to be renewed after the initial 'trial period,' without any notification to the consumer at any time of any further charges. This is obviously a deceptive trade practice and should be legally enjoined from continuing. At the same time, I will initiate a new blog that calls attention to this practice and encourages consumers to beware of Match.com and avoid it at all costs. I am deeply frustrated and angered by your practice.

Please provide me with a street address of Match.com so that I can provide the Attorney General's office with the correct street address on the Complaint.

So far, no response, but I have completed my Complaint to the Attorney General's office, and if you want a copy, let me know by e-mail here: matchdeceives at gmail.com.

The Demand

So, when I realized that Match.com was charging me $29.99 per month for a service I no longer used and for a service that I reasonably believed had terminated, I wrote an immediate e-mail:

I NEVER authorized any resubscription to Match.com and cancelled it after the trial period. I noticed a charge of $29.99 on September 30, 2005 and demand that the charge be reversed and refunded. I'm offended by the notion that, after a trial period you continue to charge my account. Please refund this immediately.

Harumph. Should teach them. I started counting my money, figuring good customer service would rectify this obvious misunderstanding. Not so. Within an hour, I received this response:

Thanks for contacting us.

We have received your request for a refund.

Match.com currently has a "no refund policy." When you select "subscribe," your credit card is charged immediately and, unless you resign, your subscription is automatically renewed after your initial subscription period is complete.

Our system does not reflect a prior resignation on your account. If, however, you can provide a confirmation number for your previous resignation, we will gladly issue a one-time courtesy refund on your account.

For more than a decade, what has set Match.com apart is the quality of our community and the success of our members. We thank you for choosing Match.com and hope that you will give us the opportunity to create new romantic opportunities for you in the future.

Romantic opportunities in the future? Ugh. This was getting serious.

The Fine Print

OK, as there always is, there's some fine print that the service fails to point out to you in its web site, namely this print that is hidden behind a link innocuously entitled "Billing Details."

Continuous service rates apply to credit/debit card payments only. All amounts are billed in U.S. dollars at the beginning of each renewal period and will appear on your credit card statement as 'wmv Match.com.' Your Match.com subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to Account Settings. If you resign, you'll enjoy subscription benefits until the end of your then-current subscription term; your subscription won't be renewed after that term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fees paid.

Despite this, the practice of Match.com deceives and fools people into believing that they are getting a "one month" or "six month" service, not an automatic renewal after each period, which is a true money-making boon to Match.com.

The Deception

Well, I've basically had it with Match.com's deceptive trade practices and I'm doing something about it. Here's the scoop:

Match.com, the hugely popular online dating service, offers various terms for its use, one of which is a "30 day trial." Sounded good, so I signed up in July 2005 and used it, and used it successfully enough that I did not need the service anymore within a month. Figuring that the "trial period" ended after the advertised "30 days," I didn't think anything about additional charges. In fact, I checked my account and the Match.com account at the end of the period to verify no charges were incurred. None seen, so I figured no problem.

In its terms of service, however, is this rather ambiguous language:

2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt by Match.com of your written or email notice of termination.

The terms do not say anywhere that the subscription applied for or entered into will be 'automatically' renewed and that the user's credit card will be charged each month or after each subscription period. Rather, as a lawyer myself, I reasonably interpreted the language to mean that my 30 day trial would terminate after 30 days, and that if I wanted to terminate prior to that time I could do so by informing Match.com of the termination. Not so.

I've now been charged $29.99 per month for the past three months, for a total of $89.97, and Match.com never notified me of the charges at any time. I happened to find them on my credit card statements. Now, I'm hopping mad, frustrated, and seeking redress.