cancelling an eharmony subscription under DMCC law

Andrew_man

Hi there,

Subject: cancelling an eharmony subscription and Digital Markets, Competition and Consumers Act 2024 .

Would be most grateful for your opinion on this matter. 

In mid December 2024 I signed up with eharmony dating website. Few days ago in March 2025 I emailed to cancel my subscription. They replied that I had entered a 12 month contract and could not cancel and was liable for all future payments. At the time of signing up there was no clear indication that I would not be able to cancel at all for 12 months. The contract included a three month 50% off monthly payment; reverting to full price from March 2025.

I think some recent changes in the law means I still have a right to cancel and want to check my understanding with you.

Doing some research I found that the DMCC law came into effect on 1 January 2025 ((**CMA sets out initial plans as new digital markets competition regime comes into force - GOV*UK))

I found the actual law here: **Digital Markets, Competition and Consumers Act 2024 - Parliamentary Bills - UK Parliament

And points 264 - 266 are most relevant. 

264

Right to cancel during cooling-off periods

(1)

A consumer has the right to cancel a subscription contract during—

(a)

the initial cooling-off period, and

(b)

any renewal cooling-off period.

(2)

In this Chapter, a “renewal cooling-off period”, in relation to a subscription contract, means a period—

(a)

beginning with the day on which a relevant renewal of the contract occurs, and

(b)

ending at the end of the period of 14 days beginning with the day after that day.

3) 

A “relevant renewal” of a subscription contract occurs for the purposes of subsection (2)—

(a) 

when the consumer becomes liable under the contract for a first renewal payment following the end of a concessionary period,

This law firm post sums up the rights I think are relevant:

**Subscription Contracts – new measures to protect consumers - Burges Salmon

The DMCC Act introduces new cancellation rights that apply during the 14 day renewal cooling-off period.

As well as an initial cooling off period on commencement of the service or receipt of goods, consumers will have a 14 day right to cancel a subscription when they become liable for a ‘relevant renewal’. In practice a ‘relevant renewal’ will occur in two scenarios:

1. After the end of an initial free or discounted period.
2. After any renewal with at least a 12 month commitment.

Businesses must provide a consumer notice of each renewal cooling-off period, explain the contract is renewing and inform the consumer of the right to cancel. The notice must be provided on the first day of the renewal cooling-off period.

My questions:

Is it your understanding also that this is now the UK law?

Does this law give me a right to cancel now? Since I would be within the relevant renewal 14 days cooling off period.

What is the best way to proceed? Should I write to eharmony informing them of the law or just stop the payments? In which case if they take me to court I use this law in my defence.

born_again

In mid December 2024 I signed up with eharmony dating website. Few days ago in March 2025 I emailed to cancel my subscription. They replied that I had entered a 12 month contract and could not cancel and was liable for all future payments. At the time of signing up there was no clear indication that I would not be able to cancel at all for 12 months. The contract included a three month 50% off monthly payment; reverting to full price from March 2025.

Sorry but from that what makes you think it was not a 12 month contract?

You better dig out the T/C & check.

As a aside. These rolling contracts does not invoke the 14 days cancelation at the end of the period.

A_Geordie

The consumer parts of the DMCCA don't actually come into force until 6 April so you can't rely on those sections yet. The Digital Markets, Competition and Consumers Act 2024 (Commencement No.2) Regulations 2025 confirms this.

born_again said:

As a aside. These rolling contracts does not invoke the 14 days cancelation at the end of the period.

You may want to brush up on the new DMCCA because the consumer rights are more enhanced than they currently are. For subscription contracts, the consumer will have a 14 day cooling off period at the start of a contract (if it is in-scope) and at the start of any renewal period. Obviously hypthetical for the OP but once the DMCCA comes into force post 6 April, it will depend on how the contract/introductory offer was structured as these new laws update and replace parts of the Consumer Protection from Unfair Trading Regs.

No doubt MSE and other consumer forums will start talking about this in due course as it addresses other things such as drip pricing and fake reviews.

Andrew_man

A_Geordie said:

The consumer parts of the DMCCA don't actually come into force until 6 April so you can't rely on those sections yet. The Digital Markets, Competition and Consumers Act 2024 (Commencement No.2) Regulations 2025 confirms this.

OK. Thanks for this. So it is part 4 of the act that addresses online subscriptions. It is parts 1 and 2 that have come into effect from 1 January 2025?

Andrew_man

born_again said:

In mid December 2024 I signed up with eharmony dating website. Few days ago in March 2025 I emailed to cancel my subscription. They replied that I had entered a 12 month contract and could not cancel and was liable for all future payments. At the time of signing up there was no clear indication that I would not be able to cancel at all for 12 months. The contract included a three month 50% off monthly payment; reverting to full price from March 2025.

Sorry but from that what makes you think it was not a 12 month contract?

You better dig out the T/C & check.

As a aside. These rolling contracts does not invoke the 14 days cancelation at the end of the period.

When I signed up it looked like a monthly payment plan so I expected it to be similar to other apps where people can cancel. Even though it says a 12 month subscription I didn't interpret this to mean I CANNOT cancel at all during the 12 months. I understood 12 month subscription to be the period for which they would provide me with the service and it would end after that. Not that I could NOT leave for 12 months. As it turns out it is also auto renewal which I did not see at the time of signing up either. The T/C that they sent me, am pasting the part I think is relevant below.

------
5.2 To terminate your Premium Membership that you purchased on our website, you will need to notify us by either: (1) logging in to the website and navigating in your profile to: “Data & Settings” > “Manage profile” > “Amend subscription”, or (2) writing to us using the contact details provided below in Clause 16. Subject to Clause 5.5 and Clause 11 below, any termination of your subscription will not take effect until the end of the agreed minimum term (and, as such, you will not be entitled to any refund). Thus, in order to make sure that your Premium Membership does not automatically extend, you must tell us that you want to terminate your subscription before the end of your then-current subscription term. See also Clause 5.3 below. Any applicable payment obligations (either from the Premium Membership or with respect to virtual goods) remain in place notwithstanding termination of your Premium Membership.
To authenticate your identity and your termination request, you must include the following information in your termination notification:
(1.) the email address registered in your profile, or your profile ID, and
(2.) your service password (not login password).
Your profile ID and service password are assigned to you when you register to our Service (see Clause 2.1). You can access these at any time in your online profile in the section entitled “My Data & Settings” > “Manage Profile”

5.3 If you sign up for a Premium Membership through our website, your subscription will be automatically extended after your initial subscription ends (and again after any subsequent subscription period), unless you notify us in accordance with this section that you want to terminate your subscription. Any automatic extension of your initial subscription will be for the term and price you agreed to when you subscribed and which were confirmed to you in the order confirmation sent to you at that time. Within the first two weeks of any extension of your subscription, you will have the option to repeat the eharmony compatibility quiz.
-------

My further comments:

It begins To terminate your Premium Membership etc. This gives impression you can terminate. But they are now saying a consumer cannot once they have signed up.

any termination of your subscription will not take effect until the end of the agreed minimum term

This sounds like you can cancel if you notify them. And that there is some minimum period which is agreed upon where if you remain a member for that period after that you can cancel. But it turns out the minimum period is the full length of the subscription - 1 yr. So the minimum is the maximum.

Reading this did not give me the impression I would not be able to cancel. I was also dealing from a position where if I no longer needed the service they would act in good faith. This is a cancellation policy which amounts to no cancellation being possible.

born_again

You can cancel. Just that the term is 12 months, so cancelation will be after you have served the 12 months.

Undervalued

Andrew_man said:

born_again said:

In mid December 2024 I signed up with eharmony dating website. Few days ago in March 2025 I emailed to cancel my subscription. They replied that I had entered a 12 month contract and could not cancel and was liable for all future payments. At the time of signing up there was no clear indication that I would not be able to cancel at all for 12 months. The contract included a three month 50% off monthly payment; reverting to full price from March 2025.

Sorry but from that what makes you think it was not a 12 month contract?

You better dig out the T/C & check.

As a aside. These rolling contracts does not invoke the 14 days cancelation at the end of the period.

When I signed up it looked like a monthly payment plan so I expected it to be similar to other apps where people can cancel. Even though it says a 12 month subscription I didn't interpret this to mean I CANNOT cancel at all during the 12 months. I understood 12 month subscription to be the period for which they would provide me with the service and it would end after that. Not that I could NOT leave for 12 months. As it turns out it is also auto renewal which I did not see at the time of signing up either. The T/C that they sent me, am pasting the part I think is relevant below.

------
5.2 To terminate your Premium Membership that you purchased on our website, you will need to notify us by either: (1) logging in to the website and navigating in your profile to: “Data & Settings” > “Manage profile” > “Amend subscription”, or (2) writing to us using the contact details provided below in Clause 16. Subject to Clause 5.5 and Clause 11 below, any termination of your subscription will not take effect until the end of the agreed minimum term (and, as such, you will not be entitled to any refund). Thus, in order to make sure that your Premium Membership does not automatically extend, you must tell us that you want to terminate your subscription before the end of your then-current subscription term. See also Clause 5.3 below. Any applicable payment obligations (either from the Premium Membership or with respect to virtual goods) remain in place notwithstanding termination of your Premium Membership.
To authenticate your identity and your termination request, you must include the following information in your termination notification:
(1.) the email address registered in your profile, or your profile ID, and
(2.) your service password (not login password).
Your profile ID and service password are assigned to you when you register to our Service (see Clause 2.1). You can access these at any time in your online profile in the section entitled “My Data & Settings” > “Manage Profile”

5.3 If you sign up for a Premium Membership through our website, your subscription will be automatically extended after your initial subscription ends (and again after any subsequent subscription period), unless you notify us in accordance with this section that you want to terminate your subscription. Any automatic extension of your initial subscription will be for the term and price you agreed to when you subscribed and which were confirmed to you in the order confirmation sent to you at that time. Within the first two weeks of any extension of your subscription, you will have the option to repeat the eharmony compatibility quiz.
-------

My further comments:

It begins To terminate your Premium Membership etc. This gives impression you can terminate. But they are now saying a consumer cannot once they have signed up.

any termination of your subscription will not take effect until the end of the agreed minimum term

This sounds like you can cancel if you notify them. And that there is some minimum period which is agreed upon where if you remain a member for that period after that you can cancel. But it turns out the minimum period is the full length of the subscription - 1 yr. So the minimum is the maximum.

Reading this did not give me the impression I would not be able to cancel. I was also dealing from a position where if I no longer needed the service they would act in good faith. This is a cancellation policy which amounts to no cancellation being possible.

This happens in lots of fields, gym and sports club memberships for example.

You agreed to a year's membership, paid in monthly instalments. That is not the same thing as a monthly membership. A 12 month membership which you could cancel, without penalty, at any point is not a 12 month membership at all. 

5.2 seems pretty clear to me "any termination of your subscription will not take effect until the end of the agreed minimum term (and, as such, you will not be entitled to any refund)"

Was any shorter minimum membership period available, probably at a higher monthly price?

For what it is worth I don't particularly like this kind of membership model but as far as I am aware, properly drafted, they are legally binding.

savergrant

Andrew_man said:

born_again said:

In mid December 2024 I signed up with eharmony dating website. Few days ago in March 2025 I emailed to cancel my subscription. They replied that I had entered a 12 month contract and could not cancel and was liable for all future payments. At the time of signing up there was no clear indication that I would not be able to cancel at all for 12 months. The contract included a three month 50% off monthly payment; reverting to full price from March 2025.

Sorry but from that what makes you think it was not a 12 month contract?

You better dig out the T/C & check.

As a aside. These rolling contracts does not invoke the 14 days cancelation at the end of the period.

When I signed up it looked like a monthly payment plan so I expected it to be similar to other apps where people can cancel. Even though it says a 12 month subscription I didn't interpret this to mean I CANNOT cancel at all during the 12 months. I understood 12 month subscription to be the period for which they would provide me with the service and it would end after that. Not that I could NOT leave for 12 months. As it turns out it is also auto renewal which I did not see at the time of signing up either. The T/C that they sent me, am pasting the part I think is relevant below.

------
5.2 To terminate your Premium Membership that you purchased on our website, you will need to notify us by either: (1) logging in to the website and navigating in your profile to: “Data & Settings” > “Manage profile” > “Amend subscription”, or (2) writing to us using the contact details provided below in Clause 16. Subject to Clause 5.5 and Clause 11 below, any termination of your subscription will not take effect until the end of the agreed minimum term (and, as such, you will not be entitled to any refund). Thus, in order to make sure that your Premium Membership does not automatically extend, you must tell us that you want to terminate your subscription before the end of your then-current subscription term. See also Clause 5.3 below. Any applicable payment obligations (either from the Premium Membership or with respect to virtual goods) remain in place notwithstanding termination of your Premium Membership.
To authenticate your identity and your termination request, you must include the following information in your termination notification:
(1.) the email address registered in your profile, or your profile ID, and
(2.) your service password (not login password).
Your profile ID and service password are assigned to you when you register to our Service (see Clause 2.1). You can access these at any time in your online profile in the section entitled “My Data & Settings” > “Manage Profile”

5.3 If you sign up for a Premium Membership through our website, your subscription will be automatically extended after your initial subscription ends (and again after any subsequent subscription period), unless you notify us in accordance with this section that you want to terminate your subscription. Any automatic extension of your initial subscription will be for the term and price you agreed to when you subscribed and which were confirmed to you in the order confirmation sent to you at that time. Within the first two weeks of any extension of your subscription, you will have the option to repeat the eharmony compatibility quiz.
-------

My further comments:

It begins To terminate your Premium Membership etc. This gives impression you can terminate. But they are now saying a consumer cannot once they have signed up.

any termination of your subscription will not take effect until the end of the agreed minimum term

This sounds like you can cancel if you notify them. And that there is some minimum period which is agreed upon where if you remain a member for that period after that you can cancel. But it turns out the minimum period is the full length of the subscription - 1 yr. So the minimum is the maximum.

Reading this did not give me the impression I would not be able to cancel. I was also dealing from a position where if I no longer needed the service they would act in good faith. This is a cancellation policy which amounts to no cancellation being possible.

If you sign up for a 12 month broadband or mobile contract the service doesn't end after 12 months, 12 months is the minimum term you accept, after which you can terminate the service without penalty at any time.  You have the right to leave penalty free if they try to vary the terms of your agreement to your disadvantage and you had not been aware of that before agreeing to the contract. It does look as though the new law will allow people to leave penalty free after the end of an introductory rate so I'm pretty sure that will mean the end of introductory rates, with maybe some form of loyalty scheme instead.

savergrant

If you stop the payments it is unlikely that they would take you to court as it is a, relatively, small amount and their cost in providing the service to you is pretty negligible. However they may sell on the debt and it may affect your credit rating.

Andrew_man

Undervalued said:

Andrew_man said:

born_again said:

In mid December 2024 I signed up with eharmony dating website. Few days ago in March 2025 I emailed to cancel my subscription. They replied that I had entered a 12 month contract and could not cancel and was liable for all future payments. At the time of signing up there was no clear indication that I would not be able to cancel at all for 12 months. The contract included a three month 50% off monthly payment; reverting to full price from March 2025.

Sorry but from that what makes you think it was not a 12 month contract?

You better dig out the T/C & check.

As a aside. These rolling contracts does not invoke the 14 days cancelation at the end of the period.

Was any shorter minimum membership period available, probably at a higher monthly price?

I didn't see one at the time. But there might have been.

Andrew_man

Thank you everybody for your feedback. 

It does look like I legally owe this money then. For argument sake if I do stop the payments one possibility is that eharmony forgets about it and I move on.

Alternatively they might pursue me for the money. What would that look like? A court order? Bailiffs? 

In which case if I do stop the payments and they pursue me I could pay at the point where they threaten to start the court action? That way if they don't pursue I don't pay but pay the same amount if they pursue?