Enrolled Bill

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2481 Enrolled Bill (ENR)]

        H.R.2481

                     One Hundred Nineteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Saturday,
          the third day of January, two thousand and twenty-six


                                 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.