ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: COM DPA 9-0-0-0

HB 2669: online dating fraud; member notice

Sponsor: Representative Cobb, LD 5

Caucus & COW

Overview

Establishes fraud ban disclosure requirements for an online dating service provider.

History

Contracts for a dating referral service must be in writing and include any requirement or prohibition as prescribed by law. 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).

Dating referral services is defined 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 does not include arrangements in which one party is compensated for engaging in the social activity.

Dating services enterprise or enterprise is defined as any person or business entity that offers dating referral services to the public for compensation. (A.R.S. § 44-7151)

Provisions

1. Requires an online dating service provider to give notice to members who have previously received or responded to an on-site message from another member who is subject to a fraud ban.

a) Outlines the contents of the notice. (Sec. 3)

2. Requires the notification to be:

a) Clear and conspicuous;

b) Sent through email, text message or other appropriate means of communication consented to by the member; and

c) Send within 24-hours after the fraud ban is initiated against the banned member, except that notification may be sent within three days after the fraud ban is initiated if, the judgment of the online dating service provider, circumstances require additional time. (Sec. 3)

3. Specifies that an online dating service provider is not liable to any person other than a state agency, for the following:

a) For the means of communication used to notify a member;

b) When the notification is sent; or

c) For disclosing specified information. (Sec. 3)

4. Specifies the law does not create a private right of action or diminish or adversely affect the protections in accordance with Federal law. (Sec. 3)

5. Defines banned member, fraud ban, member, member in this state and online dating service provider. (Sec. 2)

6. Makes a conforming change. (Sec. 1)

Amendments

Committee on Commerce

1. Makes a clarifying change.

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5. Initials PRB/MCL Caucus & COW

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