 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
online dating fraud; member notice
Purpose
Requires an online dating service to notify members in Arizona if the member has interacted with another member who has been banned from the online dating service for fraud.
Background
Current statute defines dating referral services as services that are primarily intended to introduce or match adults for social or romantic activities, including activities that are commonly referred to as computer dating or video dating services. Dating referral services do not include arrangements in which one party is compensated for engaging in the social activity (A.R.S. § 44-7151).
A
dating service enterprise is prohibited from: 1) using coercive sales tactics;
2) misrepresenting the quality, benefits or nature of services; 3)
misrepresenting the qualifications or number of other customers participating
in the services provided by the enterprise; and
4) misrepresenting the success the enterprise has had in making matches or
referrals that are favorable to the enterprise's customers (A.R.S.
§ 44-7154).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires an online dating service to provide notice to all service members in Arizona who the online dating service knows have received and responded to an on-site message from another member who is subject to a fraud ban.
2. Requires the notice to include:
a) the username, identification number or other profile identifier of the banned member;
b) a statement that the banned member may have been using a false identity or attempting to defraud other members;
c) a statement that members should not send monies or personal financial information to another member; and
d) a hyperlink that provides information regarding ways to avoid online fraud or being defrauded by a member of an online dating service.
3. Requires the notification to be:
a) clear and conspicuous;
b) sent via email, text message or other appropriate means of communication consented to by the member; and
c) sent within 24 hours after the fraud ban is initiated against the banned member, except that the notification may be sent within three days after the fraud ban is initiated if, in the judgement of the online dating service, circumstances require additional time.
4. Specifies that an online dating service whose agents or employees act in good faith is not liable to any person, other than Arizona or any agency, department or political subdivision of Arizona:
a) for the means of communication used to notify a member;
b) when notification is sent; or
c) for disclosing specified information relating to a banned member.
5. Prohibits the fraud ban disclosure requirements from creating a private right of action or diminishing or adversely affecting the protections afforded under federal law relating to information content providers.
6. Defines fraud ban as the barring of a member from an online dating service because, in the judgment of the online dating service, the member poses a significant risk of attempting to obtain monies from other member through fraudulent means, using a false identity or attempting to defraud other members.
7. Defines relevant terms.
8. Makes conforming changes.
9. Becomes effective on the general effective date.
House Action
COM 2/2/21 DP 10-0-0-0
3rd Read 2/11/21 59-1-0
Prepared by Senate Research
February 25, 2021
ZD/SS/kja