ECC warns against overseas dating sites
Are you taking out a trial subscription with an overseas dating site? Then beware! The European Consumer Centre (ECC) has recently been inundated with complaints about dating sites in countries like Hungary, Slovakia and Bulgaria.
Subscriptions
Consumers take out a trial subscription with an overseas dating site in countries such as Hungary, Slovakia and Ireland. The dating site automatically converts the trial subscription into a paid subscription after the trial period and without the approval of consumers. They are therefore tied to an unwanted subscription with unwanted costs.
These consumers are also confronted with a second dating subscription. They receive a bill despite the fact they never registered for it.
Debt collection letter
Consumers who fall victim to this and do not pay, receive a debt collection letter from eCollect AG. This debt collection agency works on behalf of Novalnet AG. Novalnet is the payment service for different European dating sites.
Some consumers also receive letters from a German lawfirm called Themys & Dyke Rechtsanwälte GbR.
What can I do if I receive a (wrongful) bill?
Have you wrongly received a debt collection letter from eCollect AG, Themys & Dyke Rechtsanwälte GbR Fairmount GmbH or Advokat Koychev? Do not pay the bill. It is also not advised to throw the letter away and do nothing. We explain below in five steps what you can do if you wrongly receive a bill.
Step 1
Check whether the dating site is adhering to the rules
If you take out a subscription with a dating site, you must be provided with clear information about the terms and conditions of that subscription. Have you not been provided with clear information? Then the subscription is invalid and you do not have to pay anything. The dating site must provide you with clear information about:
- the amount you have to pay
- how long you must pay for the subscription
- the date by which you need to cancel the subscription
Cooling-off period
According to the European rules, you have a 14-day cooling-off period when you take out a subscription. This means you can cancel the subscription within 14 days. It is not necessary to tell the dating site why you do not want the subscription. The dating site must provide you with information about this grace period at different junctures:
- before you take out the subscription (on the website)
- in the confirmation email after you take out the subscription
Do you have access to the dating site immediately after taking out the subscription? Are you therefore able to use the service straightaway? Then you may have to pay for this period, even if you cancel the subscription within the 14-day cooling-off period period. The dating site must inform you of these costs and request your permission. Has the dating site not asked for your permission? Then you are not required to pay anything for use of the dating service during the grace period.
Order button
Are you taking out a subscription and do you need to pay for that subscription? Then the order button must make it clear that you are obliged to pay something. Does the wording on the order button not make that clear? Then you are not required to pay anything.
Clear wording
- Payment
- Pay now
- Order and pay
Unclear wording
- Complete order
- Place order
- Request
Does the dating site have a pre-checked field by means of which you agree to pay something? Then you are not required to pay for the subscription. Pre-checked fields are not permitted. You must manually check the field in agreement to pay something.
Automatic extension
Have you taken out a trial subscription with a dating site? Then automatic extension is prohibited. The dating site may only convert the trial subscription into a paid subscription if you give your prior permission. You can always cancel on a month-by-month basis. Has the dating site not asked whether you wish to extend the subscription? Then you are not required to pay for it.
Second subscription
Are you taking out a (trial) subscription with a dating site? Then the dating site may never take out a second subscription with a different dating site on your behalf. If it happens anway, then you are not required to pay for it. As it happens, you never requested it.
Step 2
Contact your bank
Has the dating site incorrectly charged you? And are you unable to get your money back from the dating site? Then request a refund via your bank or credit card provider.
- Did you pay via direct debit?
Then contact your bank to dispute the payment. You can then request your money back via your bank. You can find out exactly how to do this on your bank's website.
- Did you pay with a credit card?
Then contact your credit card provider to dispute the payment. You then request your money back via the credit card provider. You can find out exactly how to do this on your credit card provider's website.
Step 3
Let the debt collection agency know you are not paying
Have you received an unjustified debt collection letter from eCollect AG or Themys & Dyke Rechtsanwälte GbR, for example because you have reversed a payment? Then let the agency know you are not paying the bill. Use our letter template for this. It is free to download. You can use the letter template if you:
- received no clear information prior to taking out the subscription
- did not give permission for the automatic extension of the subscription
- did not give permission for taking out a second subscription
- cancelled the subscription on time
Step 4
Report it to the Netherlands Authority for Consumers & Markets and the Fraud Helpdesk
We advise you to report it to the Netherlands Authority for Consumers & Markets (ACM) as well. This is the supervisory authority that monitors whether companies, like dating sites, adhere to the rules. The ACM can warn the dating site or impose a fine. You can also report it to the Fraud Helpdesk (Fraudehelpdesk, Dutch website).