BILL NUMBER: S1759B
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the general business law, in relation to online dating
services
 
PURPOSE OR GENERAL IDEA OF BILL:
To protect New York users of online dating services from fraud and
abuse.
 
SUMMARY OF PROVISIONS:
Section 1: Amends section 394-c of the general business law to add defi-
nitions of "online dating service," "banned member," "fraud ban," and
"New York member." Clarifies those certain contractual restrictions on
social referral services do not apply to online dating services with
initial contract terms of a year or less. Clarifies that certain
provisions relating to social referral services shall not apply to
online dating services that are generally available to users on a
national or global basis. Requires that an online dating service shall
disclose cautionary information to all of its New York members known to
have previously received and responded to an on-site message from a
banned member in order to prevent the members of an online dating
service from being victimized by banned members.
Section 2: Effective date.
 
JUSTIFICATION:
Many of New York's law on "social referral services" was created in an
age before the rise of online dating platforms such as Match and E-Har-
mony fundamentally changed the way that most New Yorkers utilize such
referral services. As such, the time is ripe for updating aspects of the
law to better protect New Yorkers who use these services from fraud and
abuse. Each year, internet dating services ban millions of members, the
vast majority of whom are banned within 72 hours of creating an account
with the service when it became clear they were violating one or more
terms of use, or because the service determined the member poses a risk
of defrauding another member. Many New York members of online dating
services have lost significant financial amounts to people using Inter-
net dating services to defraud members. This act will protect New York
users of online dating services by permitting an online dating service
to disclose in a timely manner important information about banned
members to New York members of the service will protect online dating
services from liability to members for disclosing the information
required by this act and will protect New York consumers and other
members of online dating services by permitting an online dating service
to notify its New York members when there is a significant change to the
New York member's account information.
 
PRIOR LEGISLATIVE HISTORY:
Senate
2021-2022 51781, Referred to consumer protection committee
Assembly
2021-2022 A 3889, Referred to consumer affairs and protection committee
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect on the 60th day after it shall have become a
law.

Statutes affected:
S1759: 394-c general business law
S1759A: 394-c general business law
S1759B: 394-c general business law