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REFERENCE TITLE: online dating fraud;
member notice |
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State of
Arizona House of
Representatives Fifty-fourth
Legislature Second Regular
Session 2020 |
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HB 2669 |
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Introduced by Representative Cobb |
AN ACT
amending section
44‑7151, Arizona Revised Statutes; amending title 44, chapter 28, article
1, Arizona Revised Statutes, by adding section 44‑7157; relating to
dating services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Heading change
The chapter heading of title 44, chapter 28, Arizona Revised Statutes, is changed from "DATING REFERRAL SERVICES" to "DATING SERVICES".
Sec. 2. Section 44-7151, Arizona Revised Statutes, is amended to read:
44-7151. Definitions
In this chapter, unless the context otherwise requires:
1. "Banned member" means a
member whose account or profile is the subject of a fraud ban.
1. 2. "Dating referral services" means 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.
2. 3. "Dating services enterprise" or "enterprise" means any person or business entity that offers dating referral services to the public for compensation.
4. "Fraud ban" means the barring of a member
from an online dating service because, in the judgment of the online dating
service, the member poses a significant risk of attempting to obtain monies
from other members through fraudulent means, using a false identity or
attempting to defraud other members.
5. "Member" means a person who submits to an
online dating service provider the information required by the online dating
service provider to access the online dating service provider's service for the
purpose of engaging in dating or participating in a compatibility evaluation
with other persons.
6. "Member
in this state" means a member who provides a billing address or zip code
in this state when registering with an online dating service provider.
7. "Online dating service provider" means a person that is engaged in the business of offering or providing to its members access to dating or compatibility evaluations between persons through the internet to arrange or facilitate the social introduction of two or more persons for the purpose of promoting the meeting of persons.
Sec. 3. Title 44, chapter 28, article 1, Arizona Revised Statutes, is amended by adding section 44-7157, to read:
44-7157. Fraud ban disclosures
A. An online dating service provider shall provide
notice to all of its members in this state who the online dating service
provider knows have previously received and responded to an on-site message
from another member in this state who is subject to a fraud ban. The notice shall include all of the
following:
1. The
username, identification number or other profile identifier of the banned
member.
2. A
statement that the banned member may have been using a false identity or may
attempt to defraud other members.
3. A
statement that members should not send monies or personal financial information
to another member.
4. A
hyperlink that provides information regarding ways to avoid online fraud or
being defrauded by a member of an online dating service.
B. The
notification required by subsection a of this section shall be all of the
following:
1. Clear
and conspicuous.
2. Sent
via email, text message or other appropriate means of communication consented
to by the member.
3. Sent
within twenty‑four 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, in the judgment of the online dating service
provider, circumstances require additional time.
C. An
online dating service provider is not liable to any person, other than this
state or any agency, department or political subdivision of this state:
1. For
the means of communication used to notify a member.
2. When
notification is sent pursuant to this section.
3. For
disclosing any of the following:
(a) That a member has been
banned.
(b) The username,
identification number or other profile identifier of the banned member.
(c) The reason that the
online dating service initiated the fraud ban of a member.
D. This
section does not create a private right of action or diminish or adversely
affect the protections afforded in 47 united States Code section 230.