The "Romance Scam Prevention Act" requires online dating services to notify users who have communicated with accounts suspended for fraudulent activity, providing warnings and resources to prevent romance scams.
David Valadao
Representative
CA-22
The Romance Scam Prevention Act requires online dating services to send "fraud ban notifications" to users who have communicated with accounts suspended for suspected fraudulent activity, warning them about potential scams and providing resources to avoid fraud. These notifications must be sent within a specific timeframe, with exceptions for investigations, and the FTC will enforce the Act. The Act also shields dating services from liability for actions taken to comply with the notification requirements.
This bill, the Romance Scam Prevention Act, steps into the world of online dating with a clear goal: protecting users from romance scams. It mandates that online dating services notify you if someone you've been messaging gets their account banned or suspended because the platform suspects they're up to no good, specifically aiming to defraud users. Think of it as a heads-up designed to stop scams before they start.
So, how does this work in practice? If a platform flags and bans a user for suspected fraud, and you've messaged with them, the service has to send you a "fraud ban notification." This isn't just a vague warning; the bill specifies it must include the banned member's username, the last time you messaged them, a clear alert that they might be using a fake identity or trying to scam you, and a reminder not to send money or financial info. They also need to point you toward resources on avoiding online fraud and provide customer support contacts.
Generally, this notification needs to hit your inbox (or texts, or app messages, depending on what you agreed to) within 24 hours of the ban. There's a little wiggle room: the platform can delay up to 3 days if they deem it necessary, or longer if law enforcement is investigating and asks for a hold. Platforms that follow these rules are shielded from liability for actions taken to comply. This takes effect one year after the bill becomes law, giving services time to set up these systems.
The Federal Trade Commission (FTC) is tasked with enforcing these rules, treating non-compliance as an unfair or deceptive practice – the same way it handles other consumer protection violations. Your state's Attorney General can also bring civil lawsuits against non-compliant dating services on behalf of residents, provided they give the FTC a heads-up first. While this federal rule sets the standard for these specific fraud notifications (meaning states can't create contradictory requirements for dating apps on this point), it doesn't override other state laws concerning contracts or general consumer protection.