Although that might be true (haven't checked into it) it shouldn't be that big a concern for a few reasons. One is that you can set it slightly lower than yours to much higher and you stand a good chance of playing a higher rater opponent. Two you can go to Open Seek and choose games against higher opponents.
rating range when creating a new game
I posted about the same thing a while back. I'd be interested in hearing other people's thoughts about this.
http://www.chess.com/forum/view/help-support/rating-range-of-seeks
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When you start a new online game i noticed that you cannot set your minimum rating higher than what your current rating is, that's kind of lame. I would like to play against players that a much better than me, that can only help me to improve weather i win or not, but apparently you can't do that. Is it just me or would others like to have this ability also.