FTC Says OkCupid Broke Its Own Privacy Promises

The online world looks a lot different now than it did in 2014, but one thing remains the same: the public’s demand for online safety and security. This was never more clear than on March 30, when the Federal Trade Commission published an official complaint against Match Group and Humor Rainbow, the companies behind OkCupid. 

I mention the year 2014 because that’s technically when the FTC’s complaint against OkCupid originates. The FTC alleges that OkCupid misrepresented its own privacy policy when it shared the personal photos and location information of approximately 3 million users with an unaffiliated third party. 

The FTC proposed that OkCupid should be prohibited from misrepresenting how it handles personal data and who it shares this data with. OkCupid and Match Group did not admit to wrongdoing and did not pay a fine, but the companies did agree to not misrepresent their private policies going forward.   

OkCupid and Match Group’s history with the FTC is proof that any company, even an industry giant, can end up facing a Civil Investigative Demand from the FTC. After all, trust is the backbone of any successful dating platform. To violate this trust is to betray the user. 

There’s an important lesson here for dating platforms: As difficult as it is to earn a user’s trust, it’s extremely easy to lose it. 

OkCupid Shared User Data With Third Party, FTC Alleges

Dating app devs, I know what you’re thinking: “How are we supposed to facilitate matches if users or the FTC won’t let us share their personal information?!” That is a valid point. 

But the FTC isn’t saying that OkCupid was wrong in collecting user data; this is, ultimately, a necessity for any dating app. Or as OkCupid puts it in its most recent privacy policy: “It goes without saying, we can’t help you develop meaningful connections without you providing some information about yourself.” 

In fact, most platforms would probably agree that it’s customary to share the user’s personal information with the service providers, business partners, and even family affiliates that contribute to the app’s functioning and success. At least, this is what OkCupid reportedly said it would do in its 2014 privacy policy. 

OkCupid allegedly shared user information with an undisclosed third party.

At the time, OkCupid also told users that it doesn’t share “personal information with others except as indicated in this Privacy Policy or when we inform you and give you an opportunity to opt out of having your personal information shared.” 

The problem is, the FTC alleges that in 2014, OkCupid shared user information with an undisclosed third party (i.e. not a service provider, business partner, or family affiliate) without giving those users the chance to opt out of sharing their information. 

In fact, the FTC claims that OkCupid didn’t tell these users that they shared their information with this third party at all. 

A Platform’s Reputation Depends on Trust

So, who is this mysterious third party, you ask? The official complaint identifies the third party as AI company Clarifai, Inc., of which OkCupid’s founders were financial investors back in 2014. It’s worth mentioning that Clarifai, Inc. specializes in facial recognition software. 

The FTC also alleges that OkCupid and Match Group attempted to obstruct the FTC’s investigation, and that they even denied that they’d ever shared personal information with the third party, according to the complaint. 

This brings up a disturbing concept: that OkCupid may have willingly given out users’ personal identifying information, perhaps without even knowing exactly what the unaffiliated third party intended to do with it. 

Platforms market themselves on privacy, which makes it even worse when they betray this trust.

Honestly, this concern may sound quaint in today’s social media age, where photos from your grandma’s 90th birthday party or your toddler’s pre-school graduation are floating around the internet for anyone with wifi to see. 

But the FTC’s allegations against OkCupid and Match Group have even darker implications, which is that an app may not take its privacy policy, which it often points to as proof of its trustworthiness, as seriously as the rest of us do. 

“Match and OkCupid actively market themselves on privacy, transparency, and a commitment to user data protection,” according to the FTC complaint. If they betray this trust, platforms don’t only open themselves up to FTC involvement, but to mass user disillusionment. 

Privacy Policies Are Not Just a Box to Check

At DatingNews, we’ve said this time and again: Users don’t want to find love on dating apps that don’t practice what they preach (just look at what happened to Tea). If an app doesn’t respect the user’s right to privacy, the user will find an app that does. 

OkCupid and Match Group’s experience with the FTC sends an important reminder to dating platforms: Your privacy policy is not just a formality. The FTC’s Bureau of Consumer Protection exists to hold you accountable, and it will do just that if it deems fit. 

“We will investigate, and where appropriate, take action against companies that promise to safeguard your data but fail to follow through,” Christopher Mufarrige, director of the BCP, said in the FTC report. “Even if that means we have to enforce our Civil Investigative Demands in court.” 

On March 15, OkCupid updated its privacy policy with new language regarding data collection.

According to the FTC, a company has the right to challenge a Civil Investigative Demand if it believes it’s unwarranted. OkCupid and Match Group have seemingly walked away relatively unscathed from their encounter with the FTC — with one major difference. 

On March 15, OkCupid updated its privacy policy with new language regarding data collection, Match Group affiliates, cross-border data transfers, and the user’s right to opt in and out of data processing. 

Whether this update is in response to the Civil Investigative Demand or is merely a coincidence is anyone’s guess. But if you ask me, the timing can’t be coincidental.