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Appellate Court 'Swipe[s] Left' And Reverses Decision In Tinder Discrimination Case

Nice burn, judge.

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Tinder just isn’t having a good week. Not only did a California appellate court overrule the trial court’s dismissal of an age discrimination lawsuit against the dating app giant, it also used Tinder’s own lingo to do so. Let’s explain.

The case stems from the pricing scheme for Tinder Plus, which is $9.99 per month — unless the user is over 30, in which case the price tag is $19.99. Tinder, represented by Manatt, Phelps & Phillips, argued the different pricing was based on market research on the ability and willingness to pay the increased cost. The trial court had dismissed the case against Tinder, and the plaintiffs appealed.

The California Court of Appeal, Second Appellate District, Division 3 found Tinder’s reasons for pricing inadequate, calling them “an arbitrary, class-based, generalization about older users’ incomes as a basis for charging them more than younger users.” Indeed, as reported by Law.com, the decision went on to note that allowing companies to charge more for older customer based on generalizations about their income could have negative impacts:

“Were Tinder’s justification sufficient, generalizations about the relative incomes of different age groups could be employed to rationalize higher prices for all consumers 30 and older in even the most essential areas of commerce—such as grocery shopping, gasoline purchases, etc.—even in instances where an individual did not in fact enjoy the economic advantages that are presumed about his or her age group as a whole,” wrote Los Angeles Superior Court Judge Brian Currey, sitting on the Third District pro tem.

And then Judge Currey, a former O’Melveny & Myers partner, showed he’s hip to what all the cool cats on Tinder are up to, reversing the lower court with a swipe:

“Some older consumers will be ‘more budget constrained’ and less willing to pay than some in the younger group,” Currey wrote. The judge adopted the parlance of the popular dating app, writing, “Accordingly, we swipe left, and reverse.”

Nicely done.

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headshotKathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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