[Congressional Record Volume 172, Number 8 (Monday, January 12, 2026)]
[Senate]
[Pages S135-S136]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4167. Mrs. BLACKBURN submitted an amendment intended to be
proposed by her to the bill H.R. 6938, making consolidated
appropriations for the fiscal year ending September 30, 2026, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. ROMANCE SCAM PREVENTION ACT.
(a) Short Title.--This section may be cited as the
``Romance Scam Prevention Act''.
(b) Romance Scam Prevention.--
(1) Fraud ban notification.--
(A) 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.
(B) Required contents.--A fraud ban notification under
subparagraph (A) shall include the following:
(i) 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.
(ii) A statement, as applicable, that the banned member
identified in clause (i) may have been using a false identity
or attempting to defraud members.
(iii) A statement that a member should not send cash or
another form of currency or personal financial information to
another member.
(iv) Information regarding best practices to avoid online
fraud or being defrauded by a member of an online dating
service, which may be provided through a link to another web
page or disclosure.
(v) Contact information to reach the customer service
department of the online dating service provider.
(C) Manner and timing.--
(i) Manner.--A fraud ban notification under subparagraph
(A) shall be--
(I) clear and conspicuous; and
(II) provided by email, text message, or, if consented to
by the member receiving the
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fraud ban notification, other appropriate means of
communication.
(ii) Timing.--
(I) In general.--Except as provided in subclauses (II) and
(III), an online dating service provider shall provide a
fraud ban notification under subparagraph (A) 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
subparagraph (A) to be provided after the 24-hour period
described in subclause (I), the online dating service
provider shall, except as provided in subclause (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 subparagraph (A) beyond the
time when the notification is required to be provided under
subclause (I) or (II), the online dating service provider--
(aa) 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
(bb) 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.
(D) Safe harbor applicability.--An online dating service
provider is not liable to a member, a banned member, or a
former member for a claim based on an online dating service
provider's action to comply with the requirements for
providing a fraud ban notification under this paragraph.
(2) Enforcement.--
(A) Enforcement by the commission.--
(i) Unfair or deceptive acts or practices.--A violation of
this section or a regulation promulgated under this section
shall be treated as a violation of a rule defining an unfair
or deceptive act or practice under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(ii) Powers of commission.--
(I) In general.--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,
(II) Privileges and immunities.--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.
(III) Authority preserved.--Nothing in this section may be
construed to limit the authority of the Commission under any
other provision of law.
(B) Enforcement by states.--
(i) In general.--Subject to clause (ii), in any case in
which the attorney general of a State has reason to believe
that an interest of the residents of the State has been or is
threatened or adversely affected by the engagement of any
person in an act or practice that violates this section, the
attorney general of the State may, as parens patriae, 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.
(ii) Rights of the commission.--
(I) Notice to the commission.--
(aa) In general.--Except as provided in item (cc), before
initiating a civil action under clause (i), the attorney
general of a State shall notify the Commission in writing
that the attorney general intends to bring such civil action.
(bb) Contents.--The notification required by item (aa)
shall include a copy of the complaint to be filed to initiate
the civil action.
(cc) Exception.--If it is not feasible for the attorney
general of a State to provide the notification required by
item (aa) before initiating a civil action under clause (i),
the attorney general shall notify the Commission immediately
upon instituting the civil action.
(II) Intervention by the commission.--Upon receiving the
notice required by subclause (I)(aa), the Commission may
intervene in the civil action and, upon intervening--
(aa) be heard on all matters arising in the civil action;
and
(bb) file petitions for appeal of a decision in the civil
action.
(iii) Limitation on state action while federal action is
pending.--If the Commission has instituted a civil action for
a violation of this section or a regulation promulgated under
this section, no attorney general of a State may bring an
action under clause (i) during the pendency of that action
against any defendant named in the complaint of the
Commission for any violation of this section or a regulation
promulgated under this section alleged in the complaint.
(iv) Rule of construction.--For purposes of bringing a
civil action under this subparagraph, nothing in this
subparagraph may be construed to prevent the attorney general
of a State from exercising the powers conferred on the
attorney general by the laws of the State to conduct
investigations, to administer oaths or affirmations, or to
compel the attendance of witnesses or the production of
documentary or other evidence.
(v) Actions by other state officials.--In addition to a
civil action brought by an attorney general under clause (i),
any other consumer protection officer of a State who is
authorized by the State to do so may bring a civil action
under clause (i), subject to the same requirements and
limitations that apply under this subparagraph to a civil
action brought by an attorney general.
(3) One national standard.--
(A) In general.--A State, or political subdivision thereof,
may not maintain, enforce, prescribe, or continue in effect a
provision of any law, rule, regulation, requirement, or
standard 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 member whose account or profile on the online dating
service is the subject of a fraud ban through the online
dating service.
(B) Rule of construction.--This paragraph may not be
construed to preempt any law of a State or political
subdivision of a State relating to contracts or torts.
(4) Definitions.--In this section:
(A) 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.
(B) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(C) 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 cash or another form
of currency from another member through fraudulent means.
(D) Member.--The term ``member'' means an individual who--
(i) 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
(ii) is allowed by the provider to establish such an
account or profile.
(E) Online dating service.--The term ``online dating
service'' means a service that--
(i) is provided through a website or a mobile application;
and
(ii) offers members access to dating or romantic
relationships with other members by arranging or facilitating
the social introduction of members.
(F) Online dating service provider.--The term ``online
dating service provider'' means a person engaged in the
business of offering an online dating service.
(G) 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.
(5) 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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