Online dating safety

(a)

Fraud ban notification

(1)

In general

An online dating service provider shall provide to a member of the online dating service a fraud ban notification if the member has received a message through the online dating service from a banned member of the online dating service.(2)

Required contents

A fraud ban notification under paragraph (1) shall include the following:(A)The username or other profile identifier of the banned member, as well as the most recent time when the member to whom the notification is being provided sent or received a message through the online dating service to or from the banned member.(B)A statement, as applicable, that the banned member may have been using a false identity or attempting to defraud members.(C)A statement that a member should not send money or personal financial information to another member.(D)An online link to information regarding ways to avoid online fraud or being defrauded by a member of an online dating service.(E)Contact information to reach the customer service department of the online dating service provider.(3)

Manner and timing

(A)

Manner

A fraud ban notification under paragraph (1) shall be—(i)clear and conspicuous; and(ii)provided by email, text message, or other appropriate means of communication consented to by the member.(B)

Timing

(i)

In general

Except as provided in clauses (ii) and (iii), an online dating service provider shall provide a fraud ban notification under paragraph (1) not later than 24 hours after the fraud ban is initiated against the banned member.(ii)

Delay based on judgment of provider

If, in the judgment of the online dating service provider, the circumstances require a fraud ban notification under paragraph (1) to be provided after the 24-hour period described in clause (i), the online dating service provider shall, except as provided in clause (iii), provide the notification not later than 3 days after the day on which the fraud ban is initiated against the banned member.(iii)

Delay upon request of law enforcement official

If, due to an ongoing investigation, a law enforcement official requests an online dating service provider to delay providing a fraud ban notification under paragraph (1) beyond the time when the notification is required to be provided under clause (i) or (ii), the online dating service provider—(I)may not provide the notification before the end of the period of delay (including any extension of such period) requested by the law enforcement official; and(II)shall provide the notification not later than 3 days after the last day of the period of delay (including any extension of such period) requested by the law enforcement official.(b)

Enforcement by Federal Trade Commission

(1)

Unfair or deceptive acts or practices

A violation of this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2)

Powers of Commission

The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section, and any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.(3)

Rule of construction

Nothing in this section may be construed to limit the authority of the Commission under any other provision of law.(c)

Actions by States

(1)

In general

In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this section, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief.(2)

Notice

Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action.(3)

Authority of Federal Trade Commission

(A)

In general

On receiving notice under paragraph (2) of an action under this subsection, the Commission shall have the right—(i)to intervene in the action;(ii)upon so intervening, to be heard on all matters arising therein; and(iii)to file petitions for appeal.(B)

Limitation on State action while Federal action is pending

If the Commission or the Attorney General of the United States has instituted a civil action for violation of this section (referred to in this subparagraph as the Federal action), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of this section alleged in such complaint.(4)

Rule of construction

For purposes of bringing a civil action under this subsection, nothing in this section may be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.(d)

One national standard

(1)

In general

A State, or political subdivision of a State, may not maintain, enforce, prescribe, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law of the State, or political subdivision of the State, that requires an online dating service provider to notify, prohibits an online dating service provider from notifying, or otherwise affects the manner in which an online dating service provider is required or permitted to notify, a member of the online dating service that the member has received a message from or sent a message to a banned member through the online dating service.(2)

Rule of construction

This subsection may not be construed to preempt any law of a State or political subdivision of a State relating to contracts or torts.(e)

Definitions

In this section:(1)

Banned member

The term banned member means a member of an online dating service whose account or profile on the online dating service is the subject of a fraud ban.(2)

Commission

The term Commission means the Federal Trade Commission.(3)

Fraud ban

The term fraud ban means the termination or suspension of the account or profile of a member of an online dating service because, in the judgment of the online dating service provider, there is a significant risk the member will attempt to obtain money from another member through fraudulent means.(4)

Member

The term member means an individual who—(A)submits to an online dating service provider the information required by the provider to establish an account or profile on the online dating service; and(B)is allowed by the provider to establish such an account or profile.(5)

Online dating service

The term online dating service means a service that—(A)is provided through a website or a mobile application; and(B)offers members access to dating or romantic relationships with other members by arranging or facilitating the social introduction of members.(6)

Online dating service provider

The term online dating service provider means a person engaged in the business of offering an online dating service.(7)

State

The term State means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe.(f)

Effective date

This section shall take effect on the date that is 1 year after the date of the enactment of this Act.