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Failing to implement proper Privacy Policies and Terms of Use may expose them to liability for trademark/copyright infringement, defamation, harassment, invasion of privacy and even criminal liability. Adding insult to injury, users were charged automatically to renew their subscriptions – often without their consent.” Specifically, it was alleged that JDI Dating created fake user profiles to message members that were using the dating service on a free, trial basis.

However, in this case, it was JDI Dating that was allegedly engaging in misconduct. However, JDI Dating prohibited users from responding to messages unless they upgraded to a premium paid membership, which ranged in price from $10 – $30 per month.

The communications from Defendants’ Virtual Cupids are computer generated and are sent at specific intervals measured from the consumer’s date of enrollment.

The complaint stated that the only indication that a particular user is in fact a Virtual Cupid comes in the form of a small “v” encircled by a larger “C” in the top right portion of the profile.

According to the FTC’s Director of Consumer Protection, Jessica Rich, “JDI Dating used fake profiles to make people think they were hearing from real love interests and to trick them into upgrading to paid memberships . The only indication that the messages were originating from fake accounts was a small icon hidden within the fake user profiles. The messages from the fake accounts induced a large number of members to purchase premium accounts which, JDI Dating allegedly failed to properly disclose, came with a recurring monthly billing feature.