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House Engrossed
online dating fraud; member notice |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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CHAPTER 110
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HOUSE BILL 2396 |
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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 the information required by the online dating service to access the online dating service for the purpose of engaging in dating or participating in a compatibility evaluation with other persons.
6. "Members in this state" means members who provide a billing address or zip code in this state when registering with an online dating service.
7. "Online dating service" means a product or service that offers or provides to its members access to dating, romantic relationships or matrimonial services between persons through the internet to arrange or facilitate the social introduction of two or more 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 shall provide notice to all of its members in this state who the online dating service knows have previously received and responded to an on-site message from another member 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, circumstances require additional time.
C. An online dating service whose agents and employees are acting in good faith 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.
APPROVED BY THE GOVERNOR MARCH 24, 2021.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 24, 2021.