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Saturday, May 16, 2026

Court Says Section 230 Immunity Bars Certain FTC False Advertising Claims Against Match.com - Lexology

In 2019, the Federal Trade Commission sued Match Group, Inc., the owner of Match.com and other dating sites, alleging various claims, including that the company used fake love interest advertisements to trick consumers into purchasing paid subscriptions to Match.com.

According to the FTC's allegations, Match allowed users to create Match.com profiles free of charge, but prohibited the users from reviewing or responding to messages from potential love interests without upgrading to a paid subscription. When someone expressed an interest in a non-subscriber, Match would send an automatically-generated e-mail to the non-subscriber letting the non-subscriber know about it. The e-mail sent by Match included statements such as, "He just e-mailed you! You caught his eye and now he's expressed interest in you . . . Could he be the one?" The FTC alleged that these e-mail advertisements, which encouraged users to subscribe to Match.com, were false and misleading, however, because many of the contacts that generated these types of notifications came from accounts that Match had already flagged as likely to be fraudulent. In other words, the FTC alleged that Match used communications from fraudulent accounts in order to induce non-subscribers to purchase a subscription, touting the communications as romantic interest from a legitimate user, which then exposed consumers to a risk of being defrauded.

Match moved to dismiss these and other claims asserted by the FTC. In a decision...



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