[119th Congress Public Law 129]
[From the U.S. Government Publishing Office]
[[Page 1083]]
ROMANCE SCAM PREVENTION ACT
[[Page 140 STAT. 1084]]
Public Law 119-129
119th Congress
An Act
To require online dating service providers to provide fraud ban
notifications to online dating service members, and for other
purposes. <<NOTE: Oct. 20, 2026 - [H.R. 2481]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Romance Scam
Prevention Act.>>
SECTION 1. <<NOTE: 15 USC 58 note.>> SHORT TITLE.
This Act may be cited as the ``Romance Scam Prevention Act''.
SEC. 2. <<NOTE: 15 USC 45g.>> ROMANCE SCAM PREVENTION.
(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 identified in subparagraph (A) may have been
using a false identity or attempting to defraud members.
(C) A statement that a member should not send cash
or another form of currency or personal financial
information to another member.
(D) 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.
(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, if
consented to by the member receiving the fraud ban
notification, other appropriate means of
communication.
(B) <<NOTE: Deadlines.>> Timing.--
[[Page 140 STAT. 1085]]
(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) 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 subsection.
(b) Enforcement.--
(1) Enforcement by the commission.--
(A) 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)).
(B) 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.
(2) Enforcement by states.--
[[Page 140 STAT. 1086]]
(A) In general.--Subject to subparagraph (B), 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.
(B) Rights of the commission.--
(i) Notice to the commission.--
(I) In general.--Except as provided
in subclause (III), before initiating a
civil action under subparagraph (A), the
attorney general of a State shall notify
the Commission in writing that the
attorney general intends to bring such
civil action.
(II) <<NOTE: Records.>> Contents.--
The notification required by subclause
(I) shall include a copy of the
complaint to be filed to initiate the
civil action.
(III) Exception.--If it is not
feasible for the attorney general of a
State to provide the notification
required by subclause (I) before
initiating a civil action under
subparagraph (A), the attorney general
shall notify the Commission immediately
upon instituting the civil action.
(ii) Intervention by the commission.--Upon
receiving the notice required by clause (i)(I),
the Commission may intervene in the civil action
and, upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(C) 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 subparagraph (A) 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.
(D) Rule of construction.--For purposes of bringing
a civil action under this subsection, nothing in this
subsection 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.
(E) Actions by other state officials.--In addition
to a civil action brought by an attorney general under
subparagraph (A), any other consumer protection officer
of a State who is authorized by the State to do so may
bring a civil action under subparagraph (A), subject to
the same requirements and limitations that apply under
[[Page 140 STAT. 1087]]
this paragraph to a civil action brought by an attorney
general.
(c) One National Standard.--
(1) 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.
(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 cash or another form of currency 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.
[[Page 140 STAT. 1084]]
(e) Effective Date.--This section shall take effect on the date that
is 1 year after the date of the enactment of this Act.
Approved October 20, 2026.
LEGISLATIVE HISTORY--H.R. 2481 (S. 841):
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HOUSE REPORTS: No. 119-153 (Comm. on Energy and Commerce).
SENATE REPORTS: No. 119-58 (Comm. on Commerce, Science, and
Transportation) accompanying S. 841.
CONGRESSIONAL RECORD:
Vol. 171 (2025):
June 23, considered and passed
House.
Vol. 172 (2026):
Sept. 23, considered and passed
Senate.
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