Romance Scam Prevention Act
The Romance Scam Prevention Act would require online dating service providers to issue fraud ban notifications to members who have received a message from a banned member. When a banned member interacts with a member, the provider must send a notification that includes the banned member’s profile identifier, the latest time of contact, a statement about possible fraud, guidance not to send cash or sensitive financial data, safety best practices, and customer service contact information. Notifications must be clear, delivered by email or text (and by other consented methods), and generally sent within 24 hours of a fraud ban being initiated (with possible delays up to 3 days or longer if law enforcement requests). The bill creates a federal enforcement framework led by the Federal Trade Commission (FTC), with state-level enforcement as well, and establishes a single national standard that preempts conflicting state laws. It also provides liability protections for providers for actions taken to comply with the notification requirements. The act would take effect one year after enactment.
Key Points
- 1Fraud ban notification required: If a member receives a message from a banned member, the provider must send a fraud ban notification containing the banned member’s username/profile ID, the most recent contact time, statements about potential fraud, caution against sharing money or personal financial information, safety guidance, and a customer service contact.
- 2Manner and timing: Notifications must be clear and conspicuous, sent via email, text, or other consented methods. Generally due within 24 hours of the ban initiation, with possible delays up to 3 days or longer if law enforcement requests a delay.
- 3Enforcement and preemption: FTC enforces the rule as an unfair or deceptive act or practice; states can also bring actions, but there is a coordinated framework (including limits on duplicative state actions while federal action is underway). The act creates a single national standard and preempts conflicting state laws, while preserving state law on contracts or torts.
- 4Definitions and scope: Defines terms such as “banned member,” “fraud ban,” “member,” “online dating service,” and “online dating service provider” to clarify who must comply and who is protected.
- 5Effective date and liability: The law takes effect one year after enactment. Providers receive safe harbor from certain civil claims related to how and when they provide notifications, and the act preserves FTC’s and states’ enforcement powers.