[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8946 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8946

To require online dating service providers to provide safety awareness 
  and fraud ban notifications to online dating service members and to 
  verify the identity of online dating service members, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2022

 Mr. Valadao introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To require online dating service providers to provide safety awareness 
  and fraud ban notifications to online dating service members and to 
  verify the identity of online dating service members, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Online Dating Safety Act of 2022''.

SEC. 2. ONLINE DATING SAFETY.

    (a) Safety Awareness Notification.--
            (1) In general.--An online dating service provider shall 
        provide to members of the online dating service a safety 
        awareness notification that includes a list of safety measures 
        reasonably designed to increase awareness of safer online 
        dating practices and clear guidelines and resources for 
        reporting crimes committed by members of the online dating 
        service.
            (2) Requirements.--The notification required by paragraph 
        (1) shall meet the following requirements:
                    (A) The notification shall have a heading 
                substantially similar to the following: ``Online Dating 
                Safety Awareness''.
                    (B) The notification shall include the following 
                information (which may be revised or updated to reflect 
                changing information and best safety practices):
                            (i) An advisory that getting to know an 
                        individual through an online dating service may 
                        be risky and a member should follow safety 
                        precautions when sharing information or meeting 
                        in person.
                            (ii) An advisory that a member should avoid 
                        sharing, in the dating profile or initial email 
                        messages or other communications of the member, 
                        the last name, email address, home address, 
                        phone number, place of work, Social Security 
                        number, details of the daily routine, or other 
                        identifying information of the member.
                            (iii) An advisory that a member should stop 
                        communicating with an individual who pressures 
                        the member for personal or financial 
                        information or attempts to trick the member 
                        into revealing personal or financial 
                        information.
                            (iv) An advisory that a member should not 
                        send money to an individual the member meets on 
                        an online dating service, especially by wire 
                        transfer, even if the individual claims to be 
                        experiencing an emergency.
                            (v) An advisory that an individual may 
                        provide false information in a dating profile.
                            (vi) An advisory that a member should block 
                        and report to the online dating service 
                        provider a member whose behavior is suspicious, 
                        offensive, harassing, threatening, fraudulent, 
                        or involves a request for money or an attempt 
                        to sell a product or service.
                            (vii) A request that, if a member is the 
                        victim or survivor of a crime, including sexual 
                        or intimate partner violence or a financial 
                        crime, committed by someone the member met on 
                        the online dating service, the member report 
                        the incident to the online dating service 
                        provider and to law enforcement.
                            (viii) A advisory that, if a member is the 
                        victim or survivor of a crime, including sexual 
                        or intimate partner violence or a financial 
                        crime, committed by someone the member met on 
                        the online dating service, the member is not to 
                        blame and may seek support through national or 
                        local hotlines and other services.
            (3) Method for reporting criminal activity.--
                    (A) In general.--An online dating service provider 
                shall provide a clear and conspicuous method for a 
                member of the online dating service to contact the 
                online dating service provider to report a member of 
                the online dating service who engages in criminal 
                activity, including an act of sexual or intimate 
                partner violence or a financial crime.
                    (B) Inclusion in notification.--An online dating 
                service provider shall include information relating to 
                the contact method required by subparagraph (A) in the 
                notification required by paragraph (1).
            (4) Timing and manner.--An online dating service provider 
        shall clearly and conspicuously provide the notification 
        required by paragraph (1)--
                    (A) to each member of the online dating service at 
                the time when the member registers with the online 
                dating service provider; and
                    (B) through a link that may be accessed by members 
                of the online dating service at any time on--
                            (i) the main website of the online dating 
                        service; and
                            (ii) the mobile application of the online 
                        dating service.
    (b) 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 and responded to 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, identification number, 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 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.
            (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.
            (4) Limitation of liability.--An online dating service 
        provider is not liable to a person in a civil action based on 
        any of the following:
                    (A) The means of communication used to provide a 
                fraud ban notification to a member under paragraph (1).
                    (B) The timing of a fraud ban notification provided 
                to a member under paragraph (1).
                    (C) The disclosure of information in a fraud ban 
                notification provided under paragraph (1), including 
                the following:
                            (i) Information that a member is a banned 
                        member or the subject of a fraud ban.
                            (ii) The username, identification number, 
                        or other profile identifier of the banned 
                        member.
                            (iii) The reason that the online dating 
                        service provider initiated the fraud ban of the 
                        banned member.
            (5) No private right of action; preservation of certain 
        immunity.--This subsection does not create a private right of 
        action or diminish or adversely affect protections for an 
        online dating service provider under section 230 of the 
        Communications Act of 1934 (47 U.S.C. 230).
    (c) Identity Verification.--
            (1) In general.--An online dating service provider shall, 
        before allowing an individual to register with the online 
        dating service provider, verify the identity provided by the 
        individual to the online dating service provider.
            (2) Form of identification.--An online dating service 
        provider shall--
                    (A) require an individual seeking to register with 
                the online dating service provider to submit to the 
                provider an acceptable (as determined by the provider) 
                government-issued identity document (or a copy of such 
                a document) that includes the date of birth of the 
                individual; and
                    (B) use the document (or copy) submitted under 
                subparagraph (A) to verify the identity of the 
                individual as required by paragraph (1).
            (3) Limitation on retention of information.--An online 
        dating service provider may only retain an identity document 
        (or copy of such a document) provided by an individual under 
        paragraph (2), and any other information relating to the 
        verification of the identity of the individual under paragraph 
        (1) (other than whether the identity of the individual is or is 
        not verified), until the earlier of--
                    (A) the date on which the provider verifies the 
                identity of the individual; or
                    (B) the date that is 90 days after the individual 
                provides the identity document (or copy) under 
                paragraph (2).
    (d) 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.--Except as provided in paragraphs 
        (3) and (4), 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) Civil penalty amount.--The amount of a civil penalty 
        under section 5(m) of the Federal Trade Commission Act (15 
        U.S.C. 45(m)) for a violation of this section shall be not more 
        than $1,000 for each violation.
            (4) Additional limitation.--The Commission may not bring a 
        civil action under section 19 of the Federal Trade Commission 
        Act (15 U.S.C. 57b) with respect to a violation of this 
        section.
    (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.
    (f) Effective Date.--This section shall take effect on the date 
that is 1 year after the date of the enactment of this Act.
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