H.R. 2481: Romance Scam Prevention Act

This bill, titled the Romance Scam Prevention Act, aims to address issues related to online dating services and fraud. Here are the key provisions of the bill:

Fraud Ban Notification Requirements

Online dating service providers are required to notify their members if they receive a message from someone whose account has been banned due to suspected fraudulent activity. The notification must include:

• The username or profile identifier of the banned member and the last time a message was exchanged with them.
• A statement indicating that the banned member might be using a false identity for fraudulent purposes.
• A warning not to send money or personal financial information to the banned member.
• Best practices for avoiding online fraud, potentially through a link to additional resources.
• Contact information for customer service if further assistance is needed.

Manner and Timing of Notifications

The notification to members must be:

• Clear and conspicuous.
• Sent via email, text message, or other agreed-upon communication methods.

Notifications must be sent within 24 hours of the ban. However, if the provider determines more time is needed due to specific circumstances, they can delay the notification for up to 3 days. If law enforcement requests a delay due to an investigation, the notification can be postponed further until instructed otherwise.

Safe Harbor Clause

Online dating service providers will not be held liable for actions taken to comply with these notification requirements, protecting them from legal claims related to the notifications.

Enforcement of the Regulations

The Federal Trade Commission (FTC) is designated as the body to enforce these regulations. Violations are treated as unfair or deceptive practices under existing laws. The FTC is empowered to take action against violators similarly to how it operates under the Federal Trade Commission Act.

Additionally, state attorneys general can enforce compliance on behalf of their residents, but they must notify the FTC before initiating actions, ensuring coordination between state and federal efforts.

National Standards

The bill establishes a single national standard, preventing states from creating their own notification rules for online dating services regarding fraud bans. This aims to streamline the process and reduce confusion for dating service providers operating in multiple states.

Definitions

Key terms are defined within the bill for clarification, including:

• Banned Member: A user whose account has been banned due to suspected fraudulent behavior.
• Fraud Ban: The suspension of a user’s account if there is a significant risk that they may attempt to defraud others.
• Online Dating Service: A platform offering social introductions for dating or romantic relationships, whether via a website or mobile app.
• Online Dating Service Provider: The business entity behind the online dating service.

Effective Date

If enacted, the provisions of this act would take effect one year after the date of enactment.

Relevant Companies

• MTCH (Match Group, Inc.): As the parent company of multiple online dating platforms, including Tinder and OkCupid, Match Group would need to implement new notification systems to comply with the fraud ban notification requirements.
• FB (Meta Platforms, Inc.): Being a prominent player in social networking, which includes dating features on Facebook and Instagram, Meta may also need to adapt its practices in line with this legislation.