A suit against Tinder has been appealed to the Eighth Circuit Court of Appeals. Plaintiff Vinny Troia is represented by Harvath Law Group. Tinder is represented by Husch Blackwell. The plaintiff appealed following an order compelling arbitration between the parties.
Troia filed the class action complaint against Tinder for its “unfair and illegal age discriminatory pricing schedule and use of unconscionable contract provisions in violation of the Missouri Merchandising Practices Act (MMPA)”. Troia created a new account and signed up for Tinder Plus for $19.99. “Tinder, however, had announced that it would charge $9.99 per-month for Tinder Plus to consumers under 30 years of age…Troia, who was over 30 years old, was charged $19.99 for his ‘Tinder Plus’ account.”
Tinder argued that an arbitration agreement governed the dispute. Troia argued that he did not agree to the arbitration in the Terms of Use (TOU) because it was “so inconspicuous that it was procedurally and substantively unconscionable and, therefore, ‘invalid and void.’” Tinder argued that by creating an account and using its service, a user agrees to the TOU. The court agreed, holding that “the TOU, and Troia’s assent thereto, applies to any Tinder service, whether such service is fee-based.” The court determined that the agreement is not unconscionable and thus enforceable. The court granted Tinder’s “Motion to Dismiss, or Alternatively Stay, and to Compel Individual Arbitration,” opting to compel arbitration between the parties. The plaintiff appealed the case. The appellant’s opening brief is scheduled for the end of March.
