Legal loophole exploited: Troubles over and over on dating platforms

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Caroline Schiesser, whose real name is different, is looking for what everyone is looking for: love. To do this, the 41-year-old signs up with the online dating agency Elitepartner, she. Annual membership costs more than 500 francs. Four days later, she changes her mind and she withdraws from the contract. She also contacts the credit card provider and prevents them from charging the membership fee.

Freelance graphic designer got everything right. At least in terms of observer and consumer protection. Online dating agencies are not expressly regulated by law – this phenomenon is too new for this. However, the situation is different when potential husbands or life partners are “offline”, that is, matched with index cards and codes.

Membership can be canceled at any time

The law stipulates that singles can withdraw from such an order within 14 days. You can withdraw money at any time even after this period has passed, but you may have to pay a small amount if the placement company has suffered any damage. These rights are mandatory. Different notice periods or minimum terms are void, even if they are stated in the general terms and conditions.

Elitepartner saw things differently and warned Schiesser to pay the membership fee. Like any other provider, Elitepartner benefits from a certain amount of legal uncertainty. Because: The Federal Supreme Court has never decided whether “older” legal provisions should apply 1:1 to online dating. Many customers surrender and pay out of fear of impudent demands or fear of being harassed. But Schiesser remains adamant and does not pay. Even when Elitepartner has transferred the claim to a debt collection agency, Infoscore AG.

And this is serious: Schiesser was operated on. The legal proposal disappears at the post office, although he can stop the operation in ten days. Therefore, he then receives a notice of lien from the enforcement office.

Most would have bent by now. Not so much Schiesser: “I’m sure the same thing happens to many people as it did to me. If everyone always surrenders and pays, Elitepartner will keep going. I wanted to resist.”

observer support

Schiesser sued the collection agency. He claims that he does not owe 500 francs plus 250 francs that the debt collection office asked him. Even for the court to consider the case, an advance of CHF 650 is required. Consumer protection and watchers decide to support Schiesser. Because: Both are very interested in fighting for a judgment that finally creates clarity.

But online dating agencies have absolutely nothing to do with this legal statement and they know how to avoid it. Just as the court begins to deal with Schiesser’s case, the debt collection office withdraws the debt enforcement. Elitepartner does not enter the procedure. Thus, the court process becomes trivial and comes to an end. Infoscore must pay the court costs and pay 165 francs to the Schiesser party.

No insights on Elitepartner

Good for Schiesser, annoying for consumers in Switzerland. And it’s shocking once again that online dating agencies are speculating that going to court is either too difficult or too expensive for those affected.

At the request of the observer, the Elitepartner states that, in its opinion, there is no right of withdrawal under Swiss law. The platform did not respond to accusations of actively seeking to block court orders. Infoscore replied that no comments were made on such “assumptions and assumptions.”

Source :Blick