Creery v. Match Group LLC
Kevin Creery
Match Group LLC
Law Firm / Organization
DLA Piper (Canada) LLP

Background:
Tinder, operated by Match Group LLC, is a popular dating app that offers premium features for a fee. It was alleged that Tinder charged users over the age of 29 higher fees for these features than users under 29, without disclosing this age-based pricing. This differential pricing, referred to as a "youth discount," was central to the plaintiff's claim. Kevin Creery replaced the original plaintiff, Jacob Breum, and continued to pursue the claim, focusing on age discrimination and unfair business practices.

Legal Arguments/Issues:

  • Certification as Class Action: Creery applied to certify the lawsuit as a class proceeding under the Class Proceedings Act. The court evaluated if the case met the necessary criteria for certification.
  • Unfair and Deceptive Practices: The plaintiff alleged that Tinder's failure to disclose the age-based pricing constituted deceptive practices, violating sections 4, 5, 8, and 9 of the BPCPA.
  • Amendment and Motion to Strike: After abandoning a fraud allegation, the plaintiff amended the claim to emphasize age discrimination. The defendant moved to strike the amended claim, arguing it disclosed no reasonable cause of action.

Outcome:
The court allowed the amended claim to proceed under the BPCPA but struck down the claims related to unjust enrichment and breaches of the Criminal Code. The document did not specify a total amount of costs or any award in favor of the successful party.

Supreme Court of British Columbia
S213988
Corporate & commercial law
Plaintiff