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.
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.
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.
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.
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)).
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.
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.
Nothing in this section may be construed to limit the authority of the Commission under any other provision of law.
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.
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.
The notification required by subclause (I) shall include a copy of the complaint to be filed to initiate the civil action.
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.
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.
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.
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.
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.
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.
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.
The term “online dating service provider” means a person engaged in the business of offering an online dating service.