,,ii #aaith ,,congress #ast ,session ,s4 #hda ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #d1 #bjbe,mrs4 ,blackburn 7for herself and ,mr4 ,hickenlooper7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require online dating service providers to provide fraud ban notifications to online dating service members1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,romance ,scam ,prevention ,act4 #b4 ,online dating safety 7a7 ,fraud ban notification 7#a7 ,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 service4 7#b7 ,required contents ,a fraud ban notification under paragraph 7#a7 shall include the following3 7,a7 ,the username or other profile identifier of the banned member1 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 member4 7,b7 ,a statement1 as applicable1 that the banned member identified in subparagraph 7,a7 may have been using a false identity or attempting to defraud members4 7,c7 ,a statement that a member should not send cash or another form of currency or personal financial information to another member4 7,d7 ,information regarding best practices to avoid online fraud or being defrauded by a member of an online dating service1 which may be provided through a link to another web page or disclosure4 7,e7 ,contact information to reach the customer service department of the online dating service provider4 7#c7 ,manner and timing 7,a7 ,manner ,a fraud ban notification under paragraph 7#a7 shall be-- 7i7 clear and conspicuous2 and 7ii7 provided by email1 text message1 or1 if consented to by the member receiving the fraud ban notification1 other appropriate means of communication4 7,b7 ,timing 7i7 ,in general ,except as provided in clauses 7ii7 and 7iii71 an online dating service provider shall provide a fraud ban notification under paragraph 7#a7 not later than #bd hours after the fraud ban is initiated against the banned member4 7ii7 ,delay based on judgment of provider ,if1 in the judgment of the online dating service provider1 the circumstances require a fraud ban notification under paragraph 7#a7 to be provided after the #bd-;hour period described in clause 7i71 the online dating service provider shall1 except as provided in clause 7iii71 provide the notification not later than #c days after the day on which the fraud ban is initiated against the banned member4 7iii7 ,delay upon request of law enforcement official ,if1 due to an ongoing investigation1 a law enforcement official requests an online dating service provider to delay providing a fraud ban notification under paragraph 7#a7 beyond the time when the notification is required to be provided under clause 7i7 or 7ii71 the online dating service provider-- 7,i7 may not provide the notification before the end of the period of delay 7including any extension of such period7 requested by the law enforcement official2 and 7,,ii7 shall provide the notification not later than #c days after the last day of the period of delay 7including any extension of such period7 requested by the law enforcement official4 7#d7 ,limitation of liability ,an online dating service provider is not liable to a person in a civil action based on any of the following3 7,a7 ,the manner of communication used under paragraph 7#c77;,a7 to provide a fraud ban notification to a member under paragraph 7#a74 7,b7 ,the timing of a fraud ban notification under paragraph 7#c77;,b7 provided to a member under paragraph 7#a74 7,c7 ,the disclosure of information in a fraud ban notification provided under paragraph 7#a74 7b7 ,enforcement 7#a7 ,enforcement by the ,commission 7,a7 ,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 #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7,b7 ,powers of commission 7i7 ,in general ,the ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section1 7ii7 ,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 ,act4 7iii7 ,authority preserved ,nothing in this section may be construed to limit the authority of the ,commission under any other provision of law4 7#b7 ,enforcement by ,states 7,a7 ,in general ,subject to subparagraph 7,b71 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 section1 the attorney general of the ,state may1 as parens patriae1 bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states to obtain appropriate relief4 7,b7 ,rights of the ,commission 7i7 ,notice to the ,commission 7,i7 ,in general ,except as provided in subclause 7,,iii71 before initiating a civil action under subparagraph 7,a71 the attorney general of a ,state shall notify the ,commission in writing that the attorney general intends to bring such civil action4 7,,ii7 ,contents ,the notification required by subclause 7,i7 shall include a copy of the complaint to be filed to initiate the civil action4 7,,iii7 ,exception ,if it is not feasible for the attorney general of a ,state to provide the notification required by subclause 7,i7 before initiating a civil action under subparagraph 7,a71 the attorney general shall notify the ,commission immediately upon instituting the civil action4 7ii7 ,intervention by the ,commission ,upon receiving the notice required by clause 7i77,i71 the ,commission may intervene in the civil action and1 upon intervening-- 7,i7 be heard on all matters arising in the civil action2 and 7,,ii7 file petitions for appeal of a decision in the civil action4 7,c7 ,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 section1 no attorney general of a ,state may bring an action under subparagraph 7,a7 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 complaint4 7,d7 ,rule of construction ,for purposes of bringing a civil action under this subsection1 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 investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documentary or other evidence4 7,e7 ,actions by other ,state officials ,in addition to a civil action brought by an attorney general under subparagraph 7,a71 any other consumer protection officer of a ,state who is authorized by the ,state to do so may bring a civil action under subparagraph 7,a71 subject to the same requirements and limitations that apply under this paragraph to a civil action brought by an attorney general4 7c7 ,one national standard 7#a7 ,in general ,a ,state1 or political subdivision thereof1 may not maintain1 enforce1 prescribe1 or continue in effect any law1 rule1 regulation1 requirement1 standard1 or other provision having the force and effect of law of the ,state1 or political subdivision of the ,state1 that requires an online dating service provider to notify1 prohibits an online dating service provider from notifying1 or otherwise affects the manner in which an online dating service provider is required or permitted to notify1 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 service4 7#b7 ,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 torts4 7d7 ,definitions ,in this section3 7#a7 ,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 ban4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,fraud ban ,the term fraud ban means the termination or suspension of the account or profile of a member of an online dating service because1 in the judgment of the online dating service provider1 there is a significant risk the member will attempt to obtain cash or another form of currency from another member through fraudulent means4 7#d7 ,member ,the term member means an individual who-- 7,a7 submits to an online dating service provider the information required by the provider to establish an account or profile on the online dating service2 and 7,b7 is allowed by the provider to establish such an account or profile4 7#e7 ,online dating service ,the term online dating service means a service that-- 7,a7 is provided through a website or a mobile application2 and 7,b7 offers members access to dating or romantic relationships with other members by arranging or facilitating the social introduction of members4 7#f7 ,online dating service provider ,the term online dating service provider means a person engaged in the business of offering an online dating service4 7#g7 ,state ,the term ,state means each ,state of the ,united ,states1 the ,district of ,columbia1 each commonwealth1 territory1 or possession of the ,united ,states1 and each federally recognized ,indian ,tribe4 7e7 ,effective date ,this section shall take effect on the date that is #a year after the date of the enactment of this ,act4