[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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