S. 841: Romance Scam Prevention Act

The bill, known as the Romance Scam Prevention Act, aims to enhance safety for members of online dating services by mandating that these providers notify users about individuals who have been banned due to fraudulent activity. Here's a breakdown of the key components:

Fraud Ban Notifications

• Requirement: Online dating service providers must notify users if they receive a message from a member who has been banned for fraud. This notification is referred to as a "fraud ban notification."
• Content of Notifications: Each notification must include:
  • Identification of the banned user (such as a username) and the timing of their last interaction.
  • A statement informing the user that the banned member may be attempting to deceive them.
  • A warning against sending cash or personal financial information to the banned member.
  • Best practice advice on how to avoid online fraud.
  • Contact information for customer service of the dating service.
• Manner and Timing: Notifications must be clear and sent via email, text message, or other means agreed upon by the user. They should be delivered within 24 hours, or within 3 days if there are exceptional circumstances or law enforcement has requested a delay.

Liability Limitations

The bill states that online dating service providers cannot be held liable in civil court for issues related to how they communicate fraud ban notifications or the timing of these notifications.

Enforcement Mechanisms

• Federal Enforcement: The Federal Trade Commission (FTC) will oversee compliance with this regulation. Violations could be treated as unfair or deceptive practices, allowing the FTC to impose penalties.
• State Enforcement: State attorneys general can initiate civil actions against companies violating the act, provided they notify the FTC beforehand.
• National Standard: States cannot impose additional requirements on online dating service providers that differ from those set by this bill.

Definitions

The bill includes several definitions to clarify terms, including:

• Banned Member: A user whose account has been suspended due to suspected fraudulent activity.
• Fraud Ban: The suspension of a member's account due to the potential risk of fraud.
• Online Dating Service: A service delivered through a website or app that connects individuals for dating or romantic interactions.
• Online Dating Service Provider: The entity offering the online dating service.

Effective Date

The provisions of this act will take effect one year after it is enacted into law.

Relevant Companies

None found.