Can You Sue an Internet Dating Service? Know Your Rights

Ryan Bradley | September 24, 2024 | Uncategorized

Meeting romantic partners can be tough these days, which is why internet dating services like eHarmony, Tinder, Bumble, and Hinge are extremely popular. But how safe are they?

With no criminal background checks, dating apps can leave users vulnerable to cyberstalking and dangerous real-life encounters. So what do you do if you get scammed or your date turns out to be unsafe, and can you sue a dating app? 

You might be surprised to learn that the law generally shields internet dating services from liability for the actions of their users. However, some cases allow you to file suit and pursue damages.

Can a Dating Site Be Sued If Your Date Turns Dangerous?

A 2023 report by the Pew Research Center shines a light on the safety of online dating. The report found that particularly women under 50 experience unwanted behaviors on dating platforms. Many women say they were sent sexually explicit messages or images they didn’t ask for. Almost 40% of women under 50 were called offensive names, and about one in ten received threats of physical violence. 

However, men also face issues on dating apps. According to the report, 63% of men under 50 who have used dating apps believe they encountered a scammer. 

Potential Grounds for Suing Internet Dating Service Providers

When things go awry with a date or your personal data is misused, you can turn to the law for help. Legal claims against dating apps can include the following:

  • Breach of contract. Signing up for a dating app entails agreeing to terms and conditions. If the app breaches any promises made in the contract, such as failing to protect your data, you could sue for damages.
  • Failure to warn. If a dating app knows that a specific user poses a threat to others but fails to warn the community, it might be liable for any harm that user causes. 
  • Defamation. If someone posts false and damaging statements about you on a dating app and the app fails to remove the defamatory content, you could pursue a legal claim.
  • Identity theft and misuse of data. Your personal data should be secure. You could claim identity theft if someone steals your name, photos, or other private information on a dating app. Dating apps that fail to secure your private data or share data without your permission could be liable for your damages.
  • Violating consumer protection laws. Most states have laws protecting consumers from deceptive or unfair business practices. If a dating app violates such laws, such as by hiding fees or making misleading claims about user safety, you could have a claim under consumer protection statutes.

Is an Internet Dating Service Responsible for Your Safety?

It’s complicated. Federal law, such as the Communications Decency Act (CDA), protects dating platforms by generally shielding them from liability. In other words, if someone you meet on a dating platform physically or emotionally harms you, the platform itself typically isn’t responsible. 

Under state tort law, liability can depend on whether the internet dating service had a duty of care toward the user. However, having a duty of care usually requires the victim to show a “special relationship,” which is rarely the case between online platforms and users.

Actual Knowledge

“Actual knowledge” is a legal term referring to a party’s awareness of certain facts or circumstances. For example, if a dating app has actual knowledge that a user of their services had committed violent acts, then the dating platform may have a duty to warn the community. However, not all dating apps conduct criminal background checks, meaning they may not have actual knowledge of foreseeable harm.

Do Victims of Cyber Harassment and Stalking Have Legal Recourse?

Harassment and stalking are illegal, but holding an internet dating service accountable can be tricky. Dating apps generally enjoy immunity under the CDA, but there are certain instances where you could have a case. For instance, if a dating app fails to act on users reporting harassment or knowingly allows abusive behavior to continue, victims may have grounds for a lawsuit. 

However, proving liability can be challenging in such claims as you’d need to show that the platform knew about the harassment and failed to take action. That said, victims may have the option of suing a stalker directly, including for invasion of privacy or infliction of emotional distress. 

While suing an internet dating service may not always be practical or possible, you could have other avenues for pursuing justice. A personal injury attorney at Bradley Law Personal Injury Lawyers can help you explore all available legal avenues.

Your Next Best Steps

If you suffered harm and are considering suing an internet dating service, your next best steps can include:

  • Gather evidence. Collect as much evidence as possible, such as screenshots, messages, and proof of the app’s lack of action.
  • Review terms and conditions. A dating app’s terms of service and privacy policy can contain clauses that limit your ability to sue.
  • Seek legal advice. Our personal injury attorneys can assess your situation and determine whether you have a legal case against a dating app
  • Contact law enforcement. If your claim involves a crime, such as sexual harassment or identity theft, reporting the incident to law enforcement protects you and strengthens your civil case.

Contact Bradley Law Personal Injury Lawyers for Help Today

If you were hurt by someone you met on a dating app, whether physically or emotionally, a personal injury attorney at Bradley Law can help. You may be able to pursue damages with a civil lawsuit. 

We have your back. Our attorneys can assess your specific situation and determine whether you have grounds to sue a dating app. If you have a case, we can fight hard to secure the justice and compensation you need to move forward. 

Our case results and client reviews speak for themselves. Bradley Law Personal Injury Lawyers has recovered more than $70 million in settlement and verdicts for clients. Get started now and contact us for a free consultation to determine how we can help you.