119-hr2481

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2481 Engrossed in House

    (EH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2481

_______________________________________________________________________

 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 ``Romance Scam Prevention Act''.

SEC. 2. ROMANCE SCAM PREVENTION.

    (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 identified in subparagraph
        (A) may have been 
 using a false identity or attempting to defraud 
 members.
            (C) A statement that a member should not send cash 
 or another form of currency or personal financial 
 information to another member.
            (D) Information regarding best practices to avoid 
 online fraud or being defrauded by a member of an 
 online dating service, which may be provided through a 
 link to another web page or disclosure.
        (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, 
 if consented to by the member receiving the 
 fraud ban notification, other appropriate means 
 of communication.
        (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) 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.

    (b) Enforcement.--

    (1) Enforcement by the commission.--
        (A) Unfair or deceptive acts or practices.--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 (15 U.S.C. 57a

    (a)

    (1)
        (B) ).
        (B) Powers of commission.--
            (i) In general.--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.
            (ii) 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.
            (iii) Authority preserved.--Nothing in this 
 section may be construed to limit the authority 
 of the Commission under any other provision of 
 law.

    (2) Enforcement by states.--
        (A) 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.
        (B) Rights of the commission.--
            (i) Notice to the commission.--
            (I) 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.
            (II) Contents.--The notification 
 required by subclause
            (I) shall include 
 a copy of the complaint to be filed to 
 initiate the civil action.
            (III) 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.
            (ii) Intervention by the commission.--Upon 
 receiving the notice required by clause
            (i) 
            (I) , 
 the Commission may intervene in the civil 
 action and, upon intervening--
            (I) be heard on all matters arising 
 in the civil action; and
            (II) file petitions for appeal of a 
 decision in the civil action.
            (C) 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.
            (D) 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.
        (E) 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.
            (c) One National Standard.--

    (1) 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.

    (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 cash or another form of currency 
 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.

 Passed the House of Representatives June 23, 2025.

 Attest:

 Clerk.
119th CONGRESS

 1st Session

 H. R. 2481

_______________________________________________________________________

 AN ACT

 To require online dating service providers to provide fraud ban 
notifications to online dating service members, and for other purposes.