Section text and notes
Fraud ban notification
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.
Required contents
Manner and timing
Manner
Timing
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.
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.
Delay upon request of law enforcement official
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.
Enforcement
Enforcement by the Commission
Unfair or deceptive acts or practices
15 U.S.C. 57a(a)(1)(B)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 ().
Powers of Commission
In general
15 U.S.C. 41The 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 ( et seq.) were incorporated into and made a part of this section.
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.
Authority preserved
Nothing in this section may be construed to limit the authority of the Commission under any other provision of law.
Enforcement by States
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.
Rights of the Commission
Notice to the Commission
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.
Contents
The notification required by subclause (I) shall include a copy of the complaint to be filed to initiate the civil action.
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.
Intervention by the Commission
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.
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.
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 this paragraph to a civil action brought by an attorney general.
One national standard
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.
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.
Definitions
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.
Commission
The term “Commission” means the Federal Trade Commission.
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.
Member
Online dating service
Online dating service provider
The term “online dating service provider” means a person engaged in the business of offering an online dating service.
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.
Effective date
This section shall take effect on the date that is 1 year after .
Pub. L. 119–129, § 2140 Stat. 1084 (, , .)
Editorial Notes
References in Text
act Sept. 26, 1914, ch. 311 38 Stat. 717 section 58 of this titleThe Federal Trade Commission Act, referred to in subsec. (b)(1)(B)(i), (ii), is , , which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see and Tables.
Codification
Section was enacted as part of the Romance Scam Prevention Act, and not as part of the Federal Trade Commission Act which comprises this chapter.