[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6125 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 6125

    To require online dating service providers to provide fraud ban 
notifications to online dating service members, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 30, 2023

 Mr. Valadao (for himself and Ms. Pettersen) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To require online dating service providers to provide fraud ban 
notifications to 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 2023''.

SEC. 2. 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 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.
            (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 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).
    (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) 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.
    (d) 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.
    (e) 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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