[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2481 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2481
To require online dating service providers to provide fraud ban
notifications to online dating service members, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 31, 2025
Mr. Valadao (for himself, Ms. Pettersen, Mr. Goldman of Texas, and Mr.
Suozzi) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
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.
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