Dating app Bumble has reached a settlement with New Jersey to pay $315,000 and update its disclosures surrounding the use of criminal background checks on its users, the Office of Attorney General announced.
A state investigation alleged the Austin-based company, which also owns the dating app Badoo, had misrepresented its policies on background checks and failed to provide clear information to users about whether the apps had been conducting them as a safety feature.
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Bumble launched in 2014 and gained popularity as an app designed to have women be the first to initiate messages with their matches. The New Jersey attorney general's Division of Consumer Affairs began investigating the company in 2020 amid growing concerns about reports of sexual assaults occurring as a result of dating apps.
During the investigation, the state found that Bumble and Badoo historically had screened at least some of their users against state and federal sex offender registries. This was typically done in response to user-generated reports or news stories about sexual assaults, investigators said.
Despite its past use of background checks, New Jersey found Bumble had stated it does not conduct any criminal background checks, and Badoo did not include any disclosures about its use of background checks. Investigators said Bumble violated the Consumer Fraud Act and Internet Dating Safety Act (IDSA), among other state regulations.
“Our internet dating safety law requires companies to tell New Jersey members exactly what they’re doing – or not doing – to identify dangerous offenders and prevent them from accessing the online profiles of our residents," New Jersey Attorney General Matthew J. Platkin said. "Compliance with that law is not optional.”
The use of criminal background checks on users of dating apps has led to controversy in recent years. In 2021, Match Group — which owns dating services including Tinder and Plenty of Fish — contracted with the U.S. nonprofit background check platform Garbo to begin screening its users for public records of violence and abuse. Garbo's platform enabled app users to enter basic information, including a first name and phone number, to seek background information about other users. The feature was developed partly in response to a ProPublica investigation that had found persistent reports of sexual assaults connected to matches made on dating apps, including some cases in which a background check would have revealed the offender had been accused or convicted of such crimes in the past.
Match Group had made a seven-figure investment in its partnership with Garbo, but the arrangement was dissolved last year amid doubts about the limitations of background checks and how they should be integrated with apps. Critics argue that since a large number of domestic violence cases do not result in charges, many users who pose danger to others do not have criminal records that can be flagged. In addition to privacy concerns, there also have been complaints that background checks might reflect biases in the criminal justice system that lead to discrimination against people of color who use dating apps.
The settlement Bumble reached with New Jersey requires the company to clearly disclose whether and how it conducts background checks, how often it does so and whether the app allows convicted offenders to have access to its platform. The company is required to send a pop-up notification and email to all of its New Jersey users within 45 days to accurately describe its practices relating to criminal background checks.
“The disclosures mandated by IDSA are essential to public safety because they help New Jersey consumers assess their exposure to risk and allow them to make informed decisions about the dating sites they join,” said Cari Fais, acting director of the Division of Consumer Affairs. “The settlement announced today makes it clear that any internet dating site providing services to New Jersey residents must comply with our laws or be held accountable.”