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[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.
```