[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6125 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
2d Session
H. R. 6125
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 24, 2024
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
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, as applicable, 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.
(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) Actions by States.--
(1) In general.--In any case in which the attorney general
of a State, or an official or agency of a State, has reason to
believe that an interest of the residents of such State has
been or is threatened or adversely affected by an act or
practice in violation of this section, the State, as parens
patriae, may 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.
(2) Notice.--Before filing an action under this subsection,
the attorney general, official, or agency of the State involved
shall provide to the Commission a written notice of such action
and a copy of the complaint for such action. If the attorney
general, official, or agency determines that it is not feasible
to provide the notice described in this paragraph before the
filing of the action, the attorney general, official, or agency
shall provide written notice of the action and a copy of the
complaint to the Commission immediately upon the filing of the
action.
(3) Authority of federal trade commission.--
(A) In general.--On receiving notice under
paragraph (2) of an action under this subsection, the
Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(B) Limitation on state action while federal action
is pending.--If the Commission or the Attorney General
of the United States has instituted a civil action for
violation of this section (referred to in this
subparagraph as the ``Federal action''), no State
attorney general, official, or agency may bring an
action under this subsection during the pendency of the
Federal action against any defendant named in the
complaint in the Federal action for any violation of
this section alleged in such complaint.
(4) Rule of construction.--For purposes of bringing a civil
action under this subsection, nothing in this section may be
construed to prevent an attorney general, official, or agency
of a State from exercising the powers conferred on the attorney
general, official, or agency by the laws of such State to
conduct investigations, administer oaths and affirmations, or
compel the attendance of witnesses or the production of
documentary and other evidence.
(d) 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.
(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.
(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.
(f) Effective Date.--This section shall take effect on the date
that is 1 year after the date of the enactment of this Act.
Passed the House of Representatives September 23, 2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.