[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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