NY State Assembly Bill 2023-A1057B

Current Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 16, 2024	referred to consumer protection delivered to senate passed assembly
Jan 03, 2024	ordered to third reading cal.33
Jun 05, 2023	amended on third reading 1057c
Jun 05, 2023	vote reconsidered - restored to third reading returned to assembly recalled from senate
Mar 08, 2023	referred to consumer protection delivered to senate passed assembly
Mar 02, 2023	advanced to third reading cal.21
Feb 28, 2023	reported
Feb 22, 2023	print number 1057b
Feb 22, 2023	amend and recommit to consumer affairs and protection
Feb 16, 2023	print number 1057a
Feb 16, 2023	amend and recommit to consumer affairs and protection
Jan 13, 2023	referred to consumer affairs and protection

Bill Amendments

Original

C (Active)

2023-A1057 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §394-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A8196
2021-2022: A3889

2023-A1057 - Summary

Relates to how online dating services handle fraudulent members; requires certain disclosures.

2023-A1057 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1057
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to  online  dating
   services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 394-c of the general business law,  as  amended  by
 chapter 468 of the laws of 1996, is amended to read as follows
   §  394-c.  Limitations  on certain contracts involving social referral
 services.  1. As used in this section, the following  terms  shall  have
 the following meanings:
   (a)  "social  referral  service"  shall  include any service for a fee
 providing matching of members [of the opposite sex], by use of  computer
 or  any  other  means, for the purpose of dating [and] OR general social
 contact.
   (b) "ancillary services" shall refer to goods or services directly  or
 indirectly  related  to  or to be provided in connection with the social
 referral service process, including  but  not  limited  to  photography,
 grooming,  cosmetology,  dating  etiquette,  dating counseling, or other
 services.
   (C) "ONLINE DATING SERVICE" SHALL MEAN  ANY  SOCIAL  REFERRAL  SERVICE
 WHERE  THE SERVICES ARE OFFERED PRIMARILY ONLINE, SUCH AS BY MEANS OF AN
 INTERNET WEBSITE OR A MOBILE APPLICATION.
   (D) "BANNED MEMBER" SHALL MEAN THE MEMBER WHOSE ACCOUNT OR PROFILE  IS
 THE SUBJECT OF A FRAUD BAN.
   (E)  "FRAUD  BAN"  SHALL  MEAN  WHEN  A MEMBER'S ACCOUNT OR PROFILE IS
 BARRED FROM AN ONLINE  DATING SERVICE BECAUSE, IN THE  JUDGMENT  OF  THE
 SERVICE,  THE  MEMBER  POSES  A SIGNIFICANT RISK OF ATTEMPTING TO OBTAIN
 MONEY FROM OTHER MEMBERS THROUGH FRAUDULENT MEANS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03780-01-3
 A. 1057                             2

   (F) "NEW YORK MEMBER" SHALL MEAN A PERSON  WHO  PROVIDES  A  NEW  YORK
 RESIDENTIAL OR BILLING ADDRESS OR ZIP CODE OR IS IN NEW YORK WHEN REGIS-
 TERING WITH THE ONLINE DATING SERVICE.
   2.  No  contract  for social referral service shall require payment by
 the purchaser of such service of a cash price in excess of one  thousand
 dollars.    Services  to be rendered to the purchaser under the contract
 may extend over a period not to exceed  two  years  from  the  date  the
 contract is entered into.  THIS SUBDIVISION SHALL NOT APPLY TO AN ONLINE
 DATING  SERVICE  CONTRACT WHERE THE INITIAL TERM IS ONE YEAR OR LESS AND
 ANY SUBSEQUENT TERMS ARE ONE YEAR OR LESS.
   2-a. No social referral service provider shall require the purchase of
 an ancillary service by a purchaser of a social referral  service  as  a
 condition  of entering into a social referral service contract with such
 provider.
   3. Every contract for social referral service which  requires  payment
 by  the purchaser of such service of a total amount in excess of twenty-
 five dollars shall provide that the seller of such service must  furnish
 to  the  purchaser  a  specified  certain number of social referrals per
 month.  THIS SUBDIVISION SHALL NOT APPLY TO  AN  ONLINE  DATING  SERVICE
 WHERE  THE  USER  CAN  USE  A  SEARCH FUNCTIONALITY OR IS PRESENTED WITH
 POSSIBLE MATCHES.
   4. Every contract for social referral service which  requires  payment
 by  the purchaser of such service of a total amount in excess of twenty-
 five dollars shall provide that in the event that  the  seller  of  such
 service  does  not furnish to the purchaser the specified certain number
 of social referrals for two or  more  successive  months  the  purchaser
 shall  have the option to cancel the contract and to receive a refund of
 all monies paid pursuant to the cancelled contract  with  the  exception
 that  the  seller  shall  be  entitled  to  retain as a cancellation fee
 fifteen per cent of the cash price or a pro rata amount for  the  number
 of  referrals  furnished  to the purchaser, whichever is greater.  Every
 such contract shall set forth in the contract and in the bill of  rights
 the  manner  in which such services provider determines its cancellation
 fee pursuant to this subdivision.  THIS SUBDIVISION SHALL NOT  APPLY  TO
 AN  ONLINE  DATING SERVICE WHERE THE USER CAN USE A SEARCH FUNCTIONALITY
 OR IS PRESENTED WITH POSSIBLE MATCHES.
   5. Every contract for social referral service shall provide  that  the
 seller will not without the prior written consent of the purchaser sell,
 assign  or  otherwise  transfer for business or for any other purpose to
 any person any information and material of a personal or private  nature
 acquired  from  a  purchaser  directly  or  indirectly including but not
 limited to answers to tests and  questionnaires,  photographs  or  back-
 ground information.
   5-a.  Every  contract for a social referral service shall provide each
 purchaser with the unilateral right to place his or  her  membership  on
 hold  for  a  period  of  up  to  one  year; provided, however, that the
 purchaser and social referral service may mutually  agree  to  a  longer
 period  not  to  exceed  two years.   To exercise the   unilateral right
 provided in this subdivision, a purchaser must notify the social  refer-
 ral service provider in writing of his or her intent to do so.
   6.  Every  contract  for social referral service shall provide that at
 the expiration of the contract or at the expiration of services rendered
 by the seller, for  any  reason,  all  information  and  material  of  a
 personal  or  private nature acquired from a purchaser directly or indi-
 rectly including but not limited to answers to tests and questionnaires,
 photographs or background information shall be  [promptly]  returned  by
 A. 1057                             3
 
 the  seller  to  the purchaser by certified mail AND/OR DELETED FROM ANY
 ELECTRONIC STORAGE DEVICES WITHIN A REASONABLE AMOUNT OF TIME.
   7.  (a)  Every contract for social referral service shall provide that
 such contract may be cancelled without a cancellation fee  within  three
 business  days  after  the date of receipt by the buyer of a copy of the
 written contract.
   (b) In every social referral service sale, the seller shall furnish to
 the buyer a fully completed copy of the contract pertaining to such sale
 at the time of its execution, which is in the same language, e.g., Span-
 ish, as that principally used in the oral sales presentation  and  which
 shows  the  date of the transaction and contains the name and address of
 the seller, and in the immediate proximity to the space reserved in  the
 contract  for  the signature of the buyer and in not less than ten-point
 bold face type, a statement in substantially the following form:
 YOU, THE BUYER, MAY CANCEL THIS CONTRACT WITHOUT  ANY  CANCELLATION  FEE
 WITHIN  THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT. SEE THE
 ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
   (c) Notice of cancellation shall be delivered by certified  or  regis-
 tered United States mail at the address specified in the contract.
   (d)  At the time the buyer signs the social referral service contract,
 a completed form in duplicate, captioned "NOTICE OF CANCELLATION", which
 shall be attached to the contract and easily detachable, and which shall
 contain in not less than ten-point bold face type the following informa-
 tion and statements in the same language, e.g., Spanish, as that used in
 the contract:
                                    NOTICE OF CANCELLATION
                                    (enter date of transaction)
                                              (Date)
 YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION,  WITHIN
 THREE  (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT BY MAILING THIS
 SIGNED AND DATED NOTICE  OF  CANCELLATION  BY  CERTIFIED  OR  REGISTERED
 UNITED STATES MAIL TO THE SELLER AT THE ADDRESS SPECIFIED HEREIN. IF YOU
 CANCEL,  ANY  PAYMENTS  MADE  BY YOU UNDER THE CONTRACT WILL BE RETURNED
 WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE  SELLER  OF  YOUR
 CANCELLATION  NOTICE.   TO CANCEL THIS TRANSACTION, MAIL BY CERTIFIED OR
 REGISTERED UNITED STATES MAIL A SIGNED AND DATED COPY OF THIS  CANCELLA-
 TION NOTICE TO:
 (Name of Seller)         NOT LATER THAN _______________
 (Address of Seller)                        (Date)
 ___________________
 
   THIS SUBDIVISION SHALL NOT APPLY TO AN ONLINE DATING SERVICE WHERE THE
 ONLINE  DATING  SERVICE CONTRACT INCLUDES THE STATEMENT REQUIRED BY THIS
 SUBDIVISION IN A CLEAR AND CONSPICUOUS MANNER.
   (e) In every social referral service sale or renewal, the seller shall
 provide each purchaser with a clear and  conspicuous,  separate  written
 notice,  WHICH  MAY BE A CONSPICUOUS AND APPROPRIATELY LABELED HYPERLINK
 FOR AN ONLINE DATING SERVICE, to be known as the "Dating Service Consum-
 er Bill of Rights", which shall contain at least the following  informa-
 tion:
                  Dating Service Consumer Bill of Rights
   1.  No  social  referral service contract shall require the payment by
 you, the purchaser, of an amount greater than one thousand  dollars.  In
 addition, no such contract may extend over a period of time greater than
 two years.
 A. 1057                             4

   2. No social referral service contract shall require you, the purchas-
 er,  to  purchase  a  good  or  service  which is directly or indirectly
 related to the social referral service.  These extra services are  known
 as  ancillary services and, while these ancillary service may be offered
 to  you,  the  law prohibits the seller from requiring that you purchase
 this service as a condition of your social referral service contract.
   3. If your social referral service contract costs  more  than  twenty-
 five  dollars, the seller must furnish a minimum number of referrals per
 month to you. If this minimum amount is not furnished  to  you  for  two
 successive  months,  you  have the option of cancelling the contract and
 receiving a full refund of all the money you paid, less  a  cancellation
 fee  which  cannot  exceed either fifteen percent of the cash price or a
 pro rata amount for the number of referrals furnished to you.
   4. Your social referral service contract  must  specify  the  distance
 which  you,  the  purchaser,  are  willing  to travel to meet any social
 referral. No social referrals shall  be  furnished  where  you  and  the
 referral  live  at a distance greater than the distance specified in the
 contract.
   5. The provider must have an established policy to address  the  situ-
 ation  of  your moving outside the area it services. This policy must be
 explained in your contract.
   6. If any  provision  of  the  social  referral  service  contract  is
 violated, you have the right to bring a court action against the provid-
 er which has violated the contract.
   8.  Every  contract  for  social  referral  service  shall specify the
 distance which the buyer is willing to travel to meet any social  refer-
 ral. No social referral shall be furnished by the seller to the buyer if
 either  the  buyer  or  the social referral reside at a distance further
 than the distance specified in either the buyer's or  social  referral's
 contracts.    THIS SUBDIVISION SHALL NOT APPLY TO ONLINE DATING SERVICES
 THAT ARE GENERALLY AVAILABLE TO USERS ON A REGIONAL, NATIONAL, OR GLOBAL
 BASIS.
   8-a. Every social referral service provider must establish and  admin-
 ister a fair and reasonable policy for the situation in which a purchas-
 er moves to permanently reside at a location outside the service area of
 such  provider.    This  policy  must be set forth in every contract for
 social referral service.   THIS SUBDIVISION SHALL NOT  APPLY  TO  ONLINE
 DATING  SERVICES  THAT ARE GENERALLY AVAILABLE TO USERS ON A NATIONAL OR
 GLOBAL BASIS.
   9. (a) Whenever there shall be a violation of this section an applica-
 tion may be made by the attorney general in the name of  the  people  of
 the  state  of  New  York to a court or justice having jurisdiction by a
 special proceeding to issue  an  injunction,  and  upon  notice  to  the
 defendant of not less than five days, to enjoin and restrain the contin-
 uance  of  such violation; and if it shall appear to the satisfaction of
 the court or justice that the defendant  has,  in  fact,  violated  this
 section,  an injunction may be issued by the court or justice, enjoining
 and restraining any further violations, without requiring proof that any
 person has, in fact, been  injured  or  damaged  thereby.  In  any  such
 proceeding,  the  court  may  make allowances to the attorney general as
 provided in paragraph six of subdivision  (a)  of  section  eighty-three
 hundred  three  of the civil practice law and rules, and direct restitu-
 tion. Whenever the court  shall  determine  that  a  violation  of  this
 section  has  occurred, the court may impose a civil penalty of not more
 than one thousand dollars for each violation.   In connection  with  any
 such  proposed  application  the  attorney general is authorized to take
 A. 1057                             5
 
 proof and make a determination  of  the  relevant  facts  and  to  issue
 subpoenas  in  accordance  with  the  civil  practice law and rules, and
 direct restitution.
   (b)  Any  person who has been injured by reason of a violation of this
 section may bring an action in his  or  her  own  name  to  enjoin  such
 violation,  an  action  to  recover  his  or her actual damages or fifty
 dollars whichever is greater, or both such actions.
   (c) In cities having a population over one million, the provisions  of
 this  section  may be enforced concurrently with the attorney general by
 the director of a local or municipal consumer affairs office. In  cities
 having  a  population  over  one  million,  such local entities may also
 require social referral services to be licensed. Such licensing require-
 ments may be promulgated  as  are  reasonably  necessary  to  effectuate
 licensure,  provided,  however,  that  such  localities  may  not impose
 substantive requirements that are inconsistent with or more  restrictive
 than  those  set forth in this section. Any fee for such license may not
 exceed three hundred forty dollars for a two year period.
   10. (A) AN ONLINE DATING SERVICE SHALL DISCLOSE TO ALL OF ITS NEW YORK
 MEMBERS KNOWN TO HAVE PREVIOUSLY RECEIVED AND RESPONDED  TO  AN  ON-SITE
 MESSAGE FROM A BANNED MEMBER:
   (1)  THE USER NAME, IDENTIFICATION NUMBER, OR OTHER PROFILE IDENTIFIER
 OF THE BANNED MEMBER;
   (2) THE FACT THAT THE BANNED MEMBER WAS BANNED BECAUSE, IN  THE  JUDG-
 MENT  OF  THE  ONLINE    DATING SERVICE, THE BANNED MEMBER MAY HAVE BEEN
 USING A FALSE IDENTITY OR MAY POSE A SIGNIFICANT RISK OF  ATTEMPTING  TO
 OBTAIN MONEY FROM OTHER MEMBERS THROUGH FRAUDULENT MEANS;
   (3) THAT A MEMBER SHOULD NEVER SEND MONEY OR PERSONAL FINANCIAL INFOR-
 MATION TO ANOTHER MEMBER; AND
   (4)  A  HYPERLINK TO ONLINE INFORMATION THAT CLEARLY AND CONSPICUOUSLY
 ADDRESSES THE SUBJECT OF HOW TO AVOID BEING DEFRAUDED BY ANOTHER  MEMBER
 OF AN ONLINE DATING SERVICE.
   (B)  THE  NOTIFICATION  REQUIRED  BY PARAGRAPH (A) OF THIS SUBDIVISION
 SHALL BE:
   (1) CLEAR AND CONSPICUOUS;
   (2) BY E-MAIL, TEXT MESSAGE, OR OTHER APPROPRIATE  MEANS  OF  COMMUNI-
 CATION; AND
   (3)  SENT  WITHIN TWENTY-FOUR HOURS AFTER THE FRAUD BAN, OR AT A LATER
 TIME IF THE SERVICE HAS DETERMINED, BASED ON AN  ANALYSIS  OF  EFFECTIVE
 MESSAGING,  THAT  A  DIFFERENT  TIME  IS MORE EFFECTIVE, BUT IN NO EVENT
 LATER THAN THREE DAYS AFTER THE FRAUD BAN.
   (C) AN ONLINE DATING SERVICE SHALL NOT BE LIABLE TO ANY PERSON,  OTHER
 THAN  THE  STATE  OF NEW YORK,  FOR DISCLOSING TO ANY MEMBER THAT IT HAS
 BANNED A MEMBER, THE USER NAME OR IDENTIFYING INFORMATION  OF THE BANNED
 MEMBER, OR THE REASONS FOR THE ONLINE DATING SERVICE'S DECISION  TO  BAN
 SUCH  MEMBER  IN  ACCORDANCE  WITH  THIS  SUBDIVISION.  AN ONLINE DATING
 SERVICE ALSO SHALL NOT BE LIABLE TO ANY PERSON, OTHER THAN THE STATE  OF
 NEW YORK, FOR THE DECISIONS REGARDING WHETHER TO BAN A MEMBER, OR HOW OR
 WHEN TO NOTIFY A MEMBER PURSUANT TO THIS SUBDIVISION.
   (D) THIS SECTION DOES NOT DIMINISH OR ADVERSELY AFFECT THE PROTECTIONS
 FOR ONLINE DATING SERVICES THAT ARE AFFORDED IN 47 USC 230.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

2023-A1057A - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §394-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A8196
2021-2022: A3889

2023-A1057A - Summary

Relates to how online dating services handle fraudulent members; requires certain disclosures.

2023-A1057A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1057--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Consumer Affairs  and  Protection  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the general business law, in relation to  online  dating
   services

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 394-c of the general business law,  as  amended  by
 chapter 468 of the laws of 1996, is amended to read as follows:
   §  394-c.  Limitations  on certain contracts involving social referral
 services.  1. As used in this section, the following  terms  shall  have
 the following meanings:
   (a)  "social  referral  service"  shall  include any service for a fee
 providing matching of members [of the opposite sex], by use of  computer
 or  any  other  means, for the purpose of dating [and] OR general social
 contact.
   (b) "ancillary services" shall refer to goods or services directly  or
 indirectly  related  to  or to be provided in connection with the social
 referral service process, including  but  not  limited  to  photography,
 grooming,  cosmetology,  dating  etiquette,  dating counseling, or other
 services.
   (C) "ONLINE DATING SERVICE" SHALL MEAN  ANY  SOCIAL  REFERRAL  SERVICE
 WHERE  THE SERVICES ARE OFFERED PRIMARILY ONLINE, SUCH AS BY MEANS OF AN
 INTERNET WEBSITE OR A MOBILE APPLICATION.
   (D) "BANNED MEMBER" SHALL MEAN THE MEMBER WHOSE ACCOUNT OR PROFILE  IS
 THE SUBJECT OF A FRAUD BAN.
   (E)  "FRAUD  BAN"  SHALL  MEAN  WHEN  A MEMBER'S ACCOUNT OR PROFILE IS
 BARRED FROM AN ONLINE  DATING SERVICE BECAUSE, IN THE  JUDGMENT  OF  THE
 SERVICE,  THE  MEMBER  POSES  A SIGNIFICANT RISK OF ATTEMPTING TO OBTAIN
 MONEY FROM OTHER MEMBERS THROUGH FRAUDULENT MEANS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03780-02-3

 A. 1057--A                          2
 
   (F) "NEW YORK MEMBER" SHALL MEAN A PERSON  WHO  PROVIDES  A  NEW  YORK
 RESIDENTIAL OR BILLING ADDRESS OR ZIP CODE OR IS IN NEW YORK WHEN REGIS-
 TERING WITH THE ONLINE DATING SERVICE.
   (G) "PERSONALLY IDENTIFYING INFORMATION" SHALL MEAN ANY REPRESENTATION
 OF  INFORMATION  THAT  PERMITS THE IDENTITY OF AN INDIVIDUAL TO WHOM THE
 INFORMATION APPLIES TO BE REASONABLY INFERRED BY EITHER DIRECT OR  INDI-
 RECT  MEANS WHICH SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, A PERSON'S
 FULL NAME, HOME ADDRESS, TELEPHONE NUMBER,  GEOGRAPHIC  LOCATION,  EMAIL
 ADDRESS,  SOCIAL  SECURITY  NUMBER,  OR  A COMBINATION OF NON-PERSONALLY
 IDENTIFYING INFORMATION WHICH, WHEN PUT TOGETHER, CAN PERMIT  THE  IDEN-
 TIFICATION OF THE PERSON.
   2.  No  contract  for social referral service shall require payment by
 the purchaser of such service of a cash price in excess of one  thousand
 dollars.    Services  to be rendered to the purchaser under the contract
 may extend over a period not to exceed  two  years  from  the  date  the
 contract is entered into.  THIS SUBDIVISION SHALL NOT APPLY TO AN ONLINE
 DATING  SERVICE  CONTRACT WHERE THE INITIAL TERM IS ONE YEAR OR LESS AND
 ANY SUBSEQUENT TERMS ARE ONE YEAR OR LESS WHERE PAYMENT IN EXCESS OF THE
 AMOUNT PROVIDED UNDER THIS SUBDIVISION IS REASONABLE  IN  LIGHT  OF  THE
 SERVICE'S OFFERINGS.
   2-a. No social referral service provider shall require the purchase of
 an  ancillary  service  by a purchaser of a social referral service as a
 condition of entering into a social referral service contract with  such
 provider.
   3.  Every  contract for social referral service which requires payment
 by the purchaser of such service of a total amount in excess of  twenty-
 five  dollars shall provide that the seller of such service must furnish
 to the purchaser a specified certain  number  of  social  referrals  per
 month.    THIS  SUBDIVISION  SHALL NOT APPLY TO AN ONLINE DATING SERVICE
 WHERE THE USER CAN USE A  SEARCH  FUNCTIONALITY  OR  IS  PRESENTED  WITH
 POSSIBLE MATCHES.
   4.  Every  contract for social referral service which requires payment
 by the purchaser of such service of a total amount in excess of  twenty-
 five  dollars  shall  provide  that in the event that the seller of such
 service does not furnish to the purchaser the specified  certain  number
 of  social  referrals  for  two  or more successive months the purchaser
 shall have the option to cancel the contract and to receive a refund  of
 all  monies  paid  pursuant to the cancelled contract with the exception
 that the seller shall be  entitled  to  retain  as  a  cancellation  fee
 fifteen  per  cent of the cash price or a pro rata amount for the number
 of referrals furnished to the purchaser, whichever is  greater.    Every
 such  contract shall set forth in the contract and in the bill of rights
 the manner in which such services provider determines  its  cancellation
 fee  pursuant  to this subdivision.  THIS SUBDIVISION SHALL NOT APPLY TO
 AN ONLINE DATING SERVICE WHERE THE USER CAN USE A  SEARCH  FUNCTIONALITY
 OR IS PRESENTED WITH POSSIBLE MATCHES.
   5.  Every  contract for social referral service shall provide that the
 seller will not without the prior written consent of the purchaser sell,
 assign or otherwise transfer for business or for any  other  purpose  to
 any  person any information and material of a personal or private nature
 acquired from a purchaser  directly  or  indirectly  including  but  not
 limited  to  answers  to  tests and questionnaires, photographs or back-
 ground information.
   5-a. Every contract for a social referral service shall  provide  each
 purchaser  with  the  unilateral right to place his or her membership on
 hold for a period of  up  to  one  year;  provided,  however,  that  the
 A. 1057--A                          3
 
 purchaser  and  social  referral  service may mutually agree to a longer
 period not to exceed two years.   To  exercise  the    unilateral  right
 provided  in this subdivision, a purchaser must notify the social refer-
 ral service provider in writing of his or her intent to do so.
   6.  Every  contract  for social referral service shall provide that at
 the expiration of the contract or at the expiration of services rendered
 by the seller, for  any  reason,  all  information  and  material  of  a
 personal  or  private nature acquired from a purchaser directly or indi-
 rectly including but not limited to answers to tests and questionnaires,
 photographs or background information shall be  [promptly]  returned  by
 the  seller  to  the purchaser by certified mail AND/OR DELETED FROM ANY
 ELECTRONIC STORAGE DEVICES WITHIN A REASONABLE AMOUNT OF TIME.
   7. (a) Every contract for social referral service shall  provide  that
 such  contract  may be cancelled without a cancellation fee within three
 business days after the date of receipt by the buyer of a  copy  of  the
 written contract.
   (b) In every social referral service sale, the seller shall furnish to
 the buyer a fully completed copy of the contract pertaining to such sale
 at the time of its execution, which is in the same language, e.g., Span-
 ish,  as  that principally used in the oral sales presentation and which
 shows the date of the transaction and contains the name and  address  of
 the  seller, and in the immediate proximity to the space reserved in the
 contract for the signature of the buyer and in not less  than  ten-point
 bold face type, a statement in substantially the following form:
 YOU,  THE  BUYER,  MAY CANCEL THIS CONTRACT WITHOUT ANY CANCELLATION FEE
 WITHIN THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT. SEE  THE
 ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
   (c)  Notice  of cancellation shall be delivered by certified or regis-
 tered United States mail at the address specified in the contract.
   (d) At the time the buyer signs the social referral service  contract,
 a completed form in duplicate, captioned "NOTICE OF CANCELLATION", which
 shall be attached to the contract and easily detachable, and which shall
 contain in not less than ten-point bold face type the following informa-
 tion and statements in the same language, e.g., Spanish, as that used in
 the contract:
                                    NOTICE OF CANCELLATION
                                    (enter date of transaction)
                                              (Date)
 YOU  MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN
 THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT BY MAILING  THIS
 SIGNED  AND  DATED  NOTICE  OF  CANCELLATION  BY CERTIFIED OR REGISTERED
 UNITED STATES MAIL TO THE SELLER AT THE ADDRESS SPECIFIED HEREIN. IF YOU
 CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE  CONTRACT  WILL  BE  RETURNED
 WITHIN  TEN  (10)  BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR
 CANCELLATION NOTICE.  TO CANCEL THIS TRANSACTION, MAIL BY  CERTIFIED  OR
 REGISTERED  UNITED STATES MAIL A SIGNED AND DATED COPY OF THIS CANCELLA-
 TION NOTICE TO:
 (Name of Seller)         NOT LATER THAN _______________
 (Address of Seller)                        (Date)
 ___________________
 
   THIS SUBDIVISION SHALL NOT APPLY TO AN ONLINE DATING SERVICE WHERE THE
 ONLINE DATING SERVICE CONTRACT INCLUDES THE STATEMENT REQUIRED  BY  THIS
 SUBDIVISION IN A CLEAR AND CONSPICUOUS MANNER.
   (e) In every social referral service sale or renewal, the seller shall
 provide  each  purchaser  with a clear and conspicuous, separate written
 A. 1057--A                          4
 
 notice, WHICH MAY BE A CONSPICUOUS AND APPROPRIATELY  LABELED  HYPERLINK
 FOR AN ONLINE DATING SERVICE, to be known as the "Dating Service Consum-
 er  Bill of Rights", which shall contain at least the following informa-
 tion:
                  Dating Service Consumer Bill of Rights
   1.  No  social  referral service contract shall require the payment by
 you, the purchaser, of an amount greater than one thousand  dollars.  In
 addition, no such contract may extend over a period of time greater than
 two years.
   2. No social referral service contract shall require you, the purchas-
 er,  to  purchase  a  good  or  service  which is directly or indirectly
 related to the social referral service.  These extra services are  known
 as  ancillary services and, while these ancillary service may be offered
 to you, the law prohibits the seller from requiring  that  you  purchase
 this service as a condition of your social referral service contract.
   3.  If  your  social referral service contract costs more than twenty-
 five dollars, the seller must furnish a minimum number of referrals  per
 month  to  you.  If  this minimum amount is not furnished to you for two
 successive months, you have the option of cancelling  the  contract  and
 receiving  a  full refund of all the money you paid, less a cancellation
 fee which cannot exceed either fifteen percent of the cash  price  or  a
 pro rata amount for the number of referrals furnished to you.
   4.  Your  social  referral  service contract must specify the distance
 which you, the purchaser, are willing  to  travel  to  meet  any  social
 referral.  No  social  referrals  shall  be  furnished where you and the
 referral live at a distance greater than the distance specified  in  the
 contract.
   5.  The  provider must have an established policy to address the situ-
 ation of your moving outside the area it services. This policy  must  be
 explained in your contract.
   6.  If  any  provision  of  the  social  referral  service contract is
 violated, you have the right to bring a court action against the provid-
 er which has violated the contract.
   8. Every contract  for  social  referral  service  shall  specify  the
 distance  which the buyer is willing to travel to meet any social refer-
 ral. No social referral shall be furnished by the seller to the buyer if
 either the buyer or the social referral reside  at  a  distance  further
 than  the  distance specified in either the buyer's or social referral's
 contracts.  THIS SUBDIVISION SHALL NOT APPLY TO ONLINE  DATING  SERVICES
 THAT ARE GENERALLY AVAILABLE TO USERS ON A REGIONAL, NATIONAL, OR GLOBAL
 BASIS.
   8-a.  Every social referral service provider must establish and admin-
 ister a fair and reasonable policy for the situation in which a purchas-
 er moves to permanently reside at a location outside the service area of
 such provider.  This policy must be set  forth  in  every  contract  for
 social  referral  service.    THIS SUBDIVISION SHALL NOT APPLY TO ONLINE
 DATING SERVICES THAT ARE GENERALLY AVAILABLE TO USERS ON A  NATIONAL  OR
 GLOBAL BASIS.
   9. (a) Whenever there shall be a violation of this section an applica-
 tion  may  be  made by the attorney general in the name of the people of
 the state of New York to a court or justice  having  jurisdiction  by  a
 special  proceeding  to  issue  an  injunction,  and  upon notice to the
 defendant of not less than five days, to enjoin and restrain the contin-
 uance of such violation; and if it shall appear to the  satisfaction  of
 the  court  or  justice  that  the defendant has, in fact, violated this
 section, an injunction may be issued by the court or justice,  enjoining
 A. 1057--A                          5

 and restraining any further violations, without requiring proof that any
 person  has,  in  fact,  been  injured  or  damaged thereby. In any such
 proceeding, the court may make allowances to  the  attorney  general  as
 provided  in  paragraph  six  of subdivision (a) of section eighty-three
 hundred three of the civil practice law and rules, and  direct  restitu-
 tion.  Whenever  the  court  shall  determine  that  a violation of this
 section has occurred, the court may impose a civil penalty of  not  more
 than  one  thousand  dollars for each violation.  In connection with any
 such proposed application the attorney general  is  authorized  to  take
 proof  and  make  a  determination  of  the  relevant facts and to issue
 subpoenas in accordance with the  civil  practice  law  and  rules,  and
 direct restitution.
   (b)  Any  person who has been injured by reason of a violation of this
 section may bring an action in his  or  her  own  name  to  enjoin  such
 violation,  an  action  to  recover  his  or her actual damages or fifty
 dollars whichever is greater, or both such actions.
   (c) In cities having a population over one million, the provisions  of
 this  section  may be enforced concurrently with the attorney general by
 the director of a local or municipal consumer affairs office. In  cities
 having  a  population  over  one  million,  such local entities may also
 require social referral services to be licensed. Such licensing require-
 ments may be promulgated  as  are  reasonably  necessary  to  effectuate
 licensure,  provided,  however,  that  such  localities  may  not impose
 substantive requirements that are inconsistent with or more  restrictive
 than  those  set forth in this section. Any fee for such license may not
 exceed three hundred forty dollars for a two year period.
   10. (A) AN ONLINE DATING SERVICE SHALL DISCLOSE TO ALL OF ITS NEW YORK
 MEMBERS KNOWN TO HAVE PREVIOUSLY RECEIVED AND RESPONDED  TO  AN  ON-SITE
 MESSAGE FROM A BANNED MEMBER:
   (1)  THE USER NAME, IDENTIFICATION NUMBER, OR OTHER PROFILE IDENTIFIER
 OF THE BANNED MEMBER;
   (2) THE FACT THAT THE BANNED MEMBER WAS BANNED BECAUSE, IN  THE  JUDG-
 MENT  OF  THE  ONLINE    DATING SERVICE, THE BANNED MEMBER MAY HAVE BEEN
 USING A FALSE IDENTITY OR MAY POSE A SIGNIFICANT RISK OF  ATTEMPTING  TO
 OBTAIN MONEY FROM OTHER MEMBERS THROUGH FRAUDULENT MEANS;
   (3) THAT A MEMBER SHOULD NEVER SEND MONEY OR PERSONAL FINANCIAL INFOR-
 MATION TO ANOTHER MEMBER; AND
   (4)  A  HYPERLINK TO ONLINE INFORMATION THAT CLEARLY AND CONSPICUOUSLY
 ADDRESSES THE SUBJECT OF HOW TO AVOID BEING DEFRAUDED BY ANOTHER  MEMBER
 OF AN ONLINE DATING SERVICE.
   (B)  THE  NOTIFICATION  REQUIRED  BY PARAGRAPH (A) OF THIS SUBDIVISION
 SHALL BE:
   (1) CLEAR AND CONSPICUOUS;
   (2) BY E-MAIL, TEXT MESSAGE, OR OTHER APPROPRIATE  MEANS  OF  COMMUNI-
 CATION; AND
   (3)  SENT  WITHIN TWENTY-FOUR HOURS AFTER THE FRAUD BAN, OR AT A LATER
 TIME IF THE SERVICE HAS DETERMINED, BASED ON AN  ANALYSIS  OF  EFFECTIVE
 MESSAGING,  THAT  A  DIFFERENT  TIME  IS MORE EFFECTIVE, BUT IN NO EVENT
 LATER THAN THREE DAYS AFTER THE FRAUD BAN.
   (C) AN ONLINE DATING SERVICE SHALL NOT BE LIABLE TO ANY PERSON,  OTHER
 THAN  THE  STATE  OF NEW YORK,  FOR DISCLOSING TO ANY MEMBER THAT IT HAS
 BANNED A MEMBER, THE USER NAME  OR  ACCOUNT  IDENTIFIER  OF  THE  BANNED
 MEMBER,  OR  THE REASONS FOR THE ONLINE DATING SERVICE'S DECISION TO BAN
 SUCH MEMBER IN ACCORDANCE WITH THIS SUBDIVISION  WHERE  SUCH  DISCLOSURE
 DOES  NOT  CONTAIN THE PERSONALLY IDENTIFYING INFORMATION OF THE PERSON.
 AN ONLINE DATING SERVICE ALSO SHALL NOT BE LIABLE TO ANY  PERSON,  OTHER
 A. 1057--A                          6
 
 THAN THE STATE OF NEW YORK, FOR THE DECISIONS REGARDING WHETHER TO BAN A
 MEMBER, OR HOW OR WHEN TO NOTIFY A MEMBER PURSUANT TO THIS SUBDIVISION.
   (D) THIS SECTION DOES NOT DIMINISH OR ADVERSELY AFFECT THE PROTECTIONS
 FOR ONLINE DATING SERVICES THAT ARE AFFORDED IN 47 USC 230.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

2023-A1057B - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §394-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A8196
2021-2022: A3889

2023-A1057B - Summary

Relates to how online dating services handle fraudulent members; requires certain disclosures.

2023-A1057B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1057--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Consumer Affairs  and  Protection  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to amend the general business law, in relation to online dating
   services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  394-c of the general business law, as amended by
 chapter 468 of the laws of 1996, is amended to read as follows:
   § 394-c. Limitations on certain contracts  involving  social  referral
 services.    1.  As used in this section, the following terms shall have
 the following meanings:
   (a) "social referral service" shall include  any  service  for  a  fee
 providing  matching of members [of the opposite sex], by use of computer
 or any other means, for the purpose of dating [and]  OR  general  social
 contact.
   (b)  "ancillary services" shall refer to goods or services directly or
 indirectly related to or to be provided in connection  with  the  social
 referral  service  process,  including  but  not limited to photography,
 grooming, cosmetology, dating etiquette,  dating  counseling,  or  other
 services.
   (C)  "ONLINE  DATING  SERVICE"  SHALL MEAN ANY SOCIAL REFERRAL SERVICE
 WHERE THE SERVICES ARE OFFERED PRIMARILY ONLINE, SUCH AS BY MEANS OF  AN
 INTERNET WEBSITE OR A MOBILE APPLICATION.
   (D)  "BANNED MEMBER" SHALL MEAN THE MEMBER WHOSE ACCOUNT OR PROFILE IS
 THE SUBJECT OF A FRAUD BAN.
   (E) "FRAUD BAN" SHALL MEAN WHEN  A  MEMBER'S  ACCOUNT  OR  PROFILE  IS
 BARRED  FROM  AN ONLINE   DATING SERVICE BECAUSE, IN THE JUDGMENT OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03780-04-3
 A. 1057--B                          2

 
 SERVICE, THE MEMBER POSES A SIGNIFICANT RISK  OF  ATTEMPTING  TO  OBTAIN
 MONEY FROM OTHER MEMBERS THROUGH FRAUDULENT MEANS.
   (F)  "NEW  YORK  MEMBER"  SHALL  MEAN A PERSON WHO PROVIDES A NEW YORK
 RESIDENTIAL OR BILLING ADDRESS OR ZIP CODE OR IS IN NEW YORK WHEN REGIS-
 TERING WITH THE ONLINE DATING SERVICE.
   (G) "PERSONALLY IDENTIFYING INFORMATION" SHALL MEAN ANY REPRESENTATION
 OF INFORMATION THAT PERMITS THE IDENTITY OF AN INDIVIDUAL  TO  WHOM  THE
 INFORMATION  APPLIES TO BE REASONABLY INFERRED BY EITHER DIRECT OR INDI-
 RECT MEANS WHICH SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, A  PERSON'S
 FULL  NAME,  HOME  ADDRESS, TELEPHONE NUMBER, GEOGRAPHIC LOCATION, EMAIL
 ADDRESS, SOCIAL SECURITY NUMBER,  OR  A  COMBINATION  OF  NON-PERSONALLY
 IDENTIFYING  INFORMATION  WHICH, WHEN PUT TOGETHER, CAN PERMIT THE IDEN-
 TIFICATION OF THE PERSON.  THE FIRST NAME, LAST NAME, AND  IMAGE  OF  AN
 INDIVIDUAL,  WHERE VOLUNTARILY PROVIDED TO AN ONLINE DATING SERVICE WITH
 THE KNOWLEDGE THAT  IT  WILL  BE  COMMUNICATED  TO  INDIVIDUALS  ON  THE
 SERVICE'S  PLATFORM OTHER THAN THE INDIVIDUAL PROVIDING IT, SHALL NOT BE
 CONSIDERED  PERSONALLY  IDENTIFYING  INFORMATION   WHEN   DISCLOSED   IN
 CONNECTION WITH A FRAUD BAN.
   2.  No  contract  for social referral service shall require payment by
 the purchaser of such service of a cash price in excess of one  thousand
 dollars.    Services  to be rendered to the purchaser under the contract
 may extend over a period not to exceed  two  years  from  the  date  the
 contract is entered into.  THIS SUBDIVISION SHALL NOT APPLY TO AN ONLINE
 DATING  SERVICE  CONTRACT WHERE THE INITIAL TERM IS ONE YEAR OR LESS AND
 ANY SUBSEQUENT TERMS ARE ONE YEAR OR LESS WHERE PAYMENT IN EXCESS OF THE
 AMOUNT PROVIDED UNDER THIS SUBDIVISION IS REASONABLE  IN  LIGHT  OF  THE
 SERVICE'S OFFERINGS.
   2-a. No social referral service provider shall require the purchase of
 an  ancillary  service  by a purchaser of a social referral service as a
 condition of entering into a social referral service contract with  such
 provider.
   3.  Every  contract for social referral service which requires payment
 by the purchaser of such service of a total amount in excess of  twenty-
 five  dollars shall provide that the seller of such service must furnish
 to the purchaser a specified certain  number  of  social  referrals  per
 month.    THIS  SUBDIVISION  SHALL NOT APPLY TO AN ONLINE DATING SERVICE
 WHERE THE USER CAN USE A  SEARCH  FUNCTIONALITY  OR  IS  PRESENTED  WITH
 POSSIBLE MATCHES.
   4.  Every  contract for social referral service which requires payment
 by the purchaser of such service of a total amount in excess of  twenty-
 five  dollars  shall  provide  that in the event that the seller of such
 service does not furnish to the purchaser the specified  certain  number
 of  social  referrals  for  two  or more successive months the purchaser
 shall have the option to cancel the contract and to receive a refund  of
 all  monies  paid  pursuant to the cancelled contract with the exception
 that the seller shall be  entitled  to  retain  as  a  cancellation  fee
 fifteen  per  cent of the cash price or a pro rata amount for the number
 of referrals furnished to the purchaser, whichever is  greater.    Every
 such  contract shall set forth in the contract and in the bill of rights
 the manner in which such services provider determines  its  cancellation
 fee  pursuant  to this subdivision.  THIS SUBDIVISION SHALL NOT APPLY TO
 AN ONLINE DATING SERVICE WHERE THE USER CAN USE A  SEARCH  FUNCTIONALITY
 OR IS PRESENTED WITH POSSIBLE MATCHES.
   5.  Every  contract for social referral service shall provide that the
 seller will not without the prior written consent of the purchaser sell,
 assign or otherwise transfer for business or for any  other  purpose  to
 A. 1057--B                          3
 
 any  person any information and material of a personal or private nature
 acquired from a purchaser  directly  or  indirectly  including  but  not
 limited  to  answers  to  tests and questionnaires, photographs or back-
 ground information.
   5-a.  Every  contract for a social referral service shall provide each
 purchaser with the unilateral right to place his or  her  membership  on
 hold  for  a  period  of  up  to  one  year; provided, however, that the
 purchaser and social referral service may mutually  agree  to  a  longer
 period  not  to  exceed  two years.   To exercise the   unilateral right
 provided in this subdivision, a purchaser must notify the social  refer-
 ral service provider in writing of his or her intent to do so.
   6.  Every  contract  for social referral service shall provide that at
 the expiration of the contract or at the expiration of services rendered
 by the seller, for  any  reason,  all  information  and  material  of  a
 personal  or  private nature acquired from a purchaser directly or indi-
 rectly including but not limited to answers to tests and questionnaires,
 photographs or background information shall be  [promptly]  returned  by
 the  seller  to  the purchaser by certified mail AND/OR DELETED FROM ANY
 ELECTRONIC STORAGE DEVICES WITHIN A REASONABLE AMOUNT OF TIME.
   7. (a) Every contract for social referral service shall  provide  that
 such  contract  may be cancelled without a cancellation fee within three
 business days after the date of receipt by the buyer of a  copy  of  the
 written contract.
   (b) In every social referral service sale, the seller shall furnish to
 the buyer a fully completed copy of the contract pertaining to such sale
 at the time of its execution, which is in the same language, e.g., Span-
 ish,  as  that principally used in the oral sales presentation and which
 shows the date of the transaction and contains the name and  address  of
 the  seller, and in the immediate proximity to the space reserved in the
 contract for the signature of the buyer and in not less  than  ten-point
 bold face type, a statement in substantially the following form:
 YOU,  THE  BUYER,  MAY CANCEL THIS CONTRACT WITHOUT ANY CANCELLATION FEE
 WITHIN THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT. SEE  THE
 ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
   (c)  Notice  of cancellation shall be delivered by certified or regis-
 tered United States mail at the address specified in the contract.
   (d) At the time the buyer signs the social referral service  contract,
 a completed form in duplicate, captioned "NOTICE OF CANCELLATION", which
 shall be attached to the contract and easily detachable, and which shall
 contain in not less than ten-point bold face type the following informa-
 tion and statements in the same language, e.g., Spanish, as that used in
 the contract:
                                    NOTICE OF CANCELLATION
                                    (enter date of transaction)
                                              (Date)
 YOU  MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN
 THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT BY MAILING  THIS
 SIGNED  AND  DATED  NOTICE  OF  CANCELLATION  BY CERTIFIED OR REGISTERED
 UNITED STATES MAIL TO THE SELLER AT THE ADDRESS SPECIFIED HEREIN. IF YOU
 CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE  CONTRACT  WILL  BE  RETURNED
 WITHIN  TEN  (10)  BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR
 CANCELLATION NOTICE.  TO CANCEL THIS TRANSACTION, MAIL BY  CERTIFIED  OR
 REGISTERED  UNITED STATES MAIL A SIGNED AND DATED COPY OF THIS CANCELLA-
 TION NOTICE TO:
 A. 1057--B                          4
 
 (Name of Seller)         NOT LATER THAN _______________
 (Address of Seller)                        (Date)
 ___________________
 
   THIS SUBDIVISION SHALL NOT APPLY TO AN ONLINE DATING SERVICE WHERE THE
 ONLINE  DATING  SERVICE CONTRACT INCLUDES THE STATEMENT REQUIRED BY THIS
 SUBDIVISION IN A CLEAR AND CONSPICUOUS MANNER.
   (e) In every social referral service sale or renewal, the seller shall
 provide each purchaser with a clear and  conspicuous,  separate  written
 notice,  WHICH  MAY BE A CONSPICUOUS AND APPROPRIATELY LABELED HYPERLINK
 FOR AN ONLINE DATING SERVICE, to be known as the "Dating Service Consum-
 er Bill of Rights", which shall contain at least the following  informa-
 tion:
                  Dating Service Consumer Bill of Rights
   1.  No  social  referral service contract shall require the payment by
 you, the purchaser, of an amount greater than one thousand  dollars.  In
 addition, no such contract may extend over a period of time greater than
 two years.
   2. No social referral service contract shall require you, the purchas-
 er,  to  purchase  a  good  or  service  which is directly or indirectly
 related to the social referral service.  These extra services are  known
 as  ancillary services and, while these ancillary service may be offered
 to you, the law prohibits the seller from requiring  that  you  purchase
 this service as a condition of your social referral service contract.
   3.  If  your  social referral service contract costs more than twenty-
 five dollars, the seller must furnish a minimum number of referrals  per
 month  to  you.  If  this minimum amount is not furnished to you for two
 successive months, you have the option of cancelling  the  contract  and
 receiving  a  full refund of all the money you paid, less a cancellation
 fee which cannot exceed either fifteen percent of the cash  price  or  a
 pro rata amount for the number of referrals furnished to you.
   4.  Your  social  referral  service contract must specify the distance
 which you, the purchaser, are willing  to  travel  to  meet  any  social
 referral.  No  social  referrals  shall  be  furnished where you and the
 referral live at a distance greater than the distance specified  in  the
 contract.
   5.  The  provider must have an established policy to address the situ-
 ation of your moving outside the area it services. This policy  must  be
 explained in your contract.
   6.  If  any  provision  of  the  social  referral  service contract is
 violated, you have the right to bring a court action against the provid-
 er which has violated the contract.
   8. Every contract  for  social  referral  service  shall  specify  the
 distance  which the buyer is willing to travel to meet any social refer-
 ral. No social referral shall be furnished by the seller to the buyer if
 either the buyer or the social referral reside  at  a  distance  further
 than  the  distance specified in either the buyer's or social referral's
 contracts.  THIS SUBDIVISION SHALL NOT APPLY TO ONLINE  DATING  SERVICES
 THAT ARE GENERALLY AVAILABLE TO USERS ON A REGIONAL, NATIONAL, OR GLOBAL
 BASIS.
   8-a.  Every social referral service provider must establish and admin-
 ister a fair and reasonable policy for the situation in which a purchas-
 er moves to permanently reside at a location outside the service area of
 such provider.  This policy must be set  forth  in  every  contract  for
 social  referral  service.    THIS SUBDIVISION SHALL NOT APPLY TO ONLINE
 A. 1057--B                          5
 
 DATING SERVICES THAT ARE GENERALLY AVAILABLE TO USERS ON A  NATIONAL  OR
 GLOBAL BASIS.
   9. (a) Whenever there shall be a violation of this section an applica-
 tion  may  be  made by the attorney general in the name of the people of
 the state of New York to a court or justice  having  jurisdiction  by  a
 special  proceeding  to  issue  an  injunction,  and  upon notice to the
 defendant of not less than five days, to enjoin and restrain the contin-
 uance of such violation; and if it shall appear to the  satisfaction  of
 the  court  or  justice  that  the defendant has, in fact, violated this
 section, an injunction may be issued by the court or justice,  enjoining
 and restraining any further violations, without requiring proof that any
 person  has,  in  fact,  been  injured  or  damaged thereby. In any such
 proceeding, the court may make allowances to  the  attorney  general  as
 provided  in  paragraph  six  of subdivision (a) of section eighty-three
 hundred three of the civil practice law and rules, and  direct  restitu-
 tion.  Whenever  the  court  shall  determine  that  a violation of this
 section has occurred, the court may impose a civil penalty of  not  more
 than  one  thousand  dollars for each violation.  In connection with any
 such proposed application the attorney general  is  authorized  to  take
 proof  and  make  a  determination  of  the  relevant facts and to issue
 subpoenas in accordance with the  civil  practice  law  and  rules,  and
 direct restitution.
   (b)  Any  person who has been injured by reason of a violation of this
 section may bring an action in his  or  her  own  name  to  enjoin  such
 violation,  an  action  to  recover  his  or her actual damages or fifty
 dollars whichever is greater, or both such actions.
   (c) In cities having a population over one million, the provisions  of
 this  section  may be enforced concurrently with the attorney general by
 the director of a local or municipal consumer affairs office. In  cities
 having  a  population  over  one  million,  such local entities may also
 require social referral services to be licensed. Such licensing require-
 ments may be promulgated  as  are  reasonably  necessary  to  effectuate
 licensure,  provided,  however,  that  such  localities  may  not impose
 substantive requirements that are inconsistent with or more  restrictive
 than  those  set forth in this section. Any fee for such license may not
 exceed three hundred forty dollars for a two year period.
   10. (A) AN ONLINE DATING SERVICE SHALL DISCLOSE TO ALL OF ITS NEW YORK
 MEMBERS KNOWN TO HAVE PREVIOUSLY RECEIVED AND RESPONDED  TO  AN  ON-SITE
 MESSAGE FROM A BANNED MEMBER:
   (1)  THE USER NAME, IDENTIFICATION NUMBER, OR OTHER PROFILE IDENTIFIER
 OF THE BANNED MEMBER;
   (2) THE FACT THAT THE BANNED MEMBER WAS BANNED BECAUSE, IN  THE  JUDG-
 MENT  OF  THE  ONLINE    DATING SERVICE, THE BANNED MEMBER MAY HAVE BEEN
 USING A FALSE IDENTITY OR MAY POSE A SIGNIFICANT RISK OF  ATTEMPTING  TO
 OBTAIN MONEY FROM OTHER MEMBERS THROUGH FRAUDULENT MEANS;
   (3) THAT A MEMBER SHOULD NEVER SEND MONEY OR PERSONAL FINANCIAL INFOR-
 MATION TO ANOTHER MEMBER; AND
   (4)  A  HYPERLINK TO ONLINE INFORMATION THAT CLEARLY AND CONSPICUOUSLY
 ADDRESSES THE SUBJECT OF HOW TO AVOID BEING DEFRAUDED BY ANOTHER  MEMBER
 OF AN ONLINE DATING SERVICE.
   (B)  THE  NOTIFICATION  REQUIRED  BY PARAGRAPH (A) OF THIS SUBDIVISION
 SHALL BE:
   (1) CLEAR AND CONSPICUOUS;
   (2) BY E-MAIL, TEXT MESSAGE, OR OTHER APPROPRIATE  MEANS  OF  COMMUNI-
 CATION; AND
 A. 1057--B                          6
 
   (3)  SENT  WITHIN TWENTY-FOUR HOURS AFTER THE FRAUD BAN, OR AT A LATER
 TIME IF THE SERVICE HAS DETERMINED, BASED ON AN  ANALYSIS  OF  EFFECTIVE
 MESSAGING,  THAT  A  DIFFERENT  TIME  IS MORE EFFECTIVE, BUT IN NO EVENT
 LATER THAN THREE DAYS AFTER THE FRAUD BAN.
   (C)  AN ONLINE DATING SERVICE SHALL NOT BE LIABLE TO ANY PERSON, OTHER
 THAN THE STATE OF NEW YORK,  FOR DISCLOSING TO ANY MEMBER  THAT  IT  HAS
 BANNED  A  MEMBER,  THE  USER  NAME  OR ACCOUNT IDENTIFIER OF THE BANNED
 MEMBER, OR THE REASONS FOR THE ONLINE DATING SERVICE'S DECISION  TO  BAN
 SUCH  MEMBER  IN  ACCORDANCE WITH THIS SUBDIVISION WHERE SUCH DISCLOSURE
 DOES NOT CONTAIN THE PERSONALLY IDENTIFYING INFORMATION OF  THE  PERSON.
 AN  ONLINE  DATING SERVICE ALSO SHALL NOT BE LIABLE TO ANY PERSON, OTHER
 THAN THE STATE OF NEW YORK, FOR THE DECISIONS REGARDING WHETHER TO BAN A
 MEMBER, OR HOW OR WHEN TO NOTIFY A MEMBER PURSUANT TO THIS SUBDIVISION.
   (D) THIS SECTION DOES NOT DIMINISH OR ADVERSELY AFFECT THE PROTECTIONS
 FOR ONLINE DATING SERVICES THAT ARE AFFORDED IN 47 USC 230.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

2023-A1057C (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §394-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A8196
2021-2022: A3889

2023-A1057C (ACTIVE) - Summary

Relates to how online dating services handle fraudulent members; requires certain disclosures.

2023-A1057C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1057--C
                                                          Cal. No. 21
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Consumer Affairs  and  Protection  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted  as amended and recommitted to said committee -- advanced to
   a third reading, passed by  Assembly  and  delivered  to  the  Senate,
   recalled  from  the  Senate,  vote reconsidered, bill amended, ordered
   reprinted, retaining its place on the order of third reading
 
 AN ACT to amend the general business law, in relation to  online  dating
   services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 394-c of the general business law,  as  amended  by
 chapter 468 of the laws of 1996, is amended to read as follows:
   §  394-c.  Limitations  on certain contracts involving social referral
 services.  1. As used in this section, the following  terms  shall  have
 the following meanings:
   (a)  "social  referral  service"  shall  include any service for a fee
 providing matching of members [of the opposite sex], by use of  computer
 or  any  other  means, for the purpose of dating [and] OR general social
 contact.
   (b) "ancillary services" shall refer to goods or services directly  or
 indirectly  related  to  or to be provided in connection with the social
 referral service process, including  but  not  limited  to  photography,
 grooming,  cosmetology,  dating  etiquette,  dating counseling, or other
 services.
   (C) "ONLINE DATING SERVICE" SHALL MEAN  ANY  SOCIAL  REFERRAL  SERVICE
 WHERE  THE SERVICES ARE OFFERED PRIMARILY ONLINE, SUCH AS BY MEANS OF AN
 INTERNET WEBSITE OR A MOBILE APPLICATION.
   (D) "BANNED MEMBER" SHALL MEAN THE MEMBER WHOSE ACCOUNT OR PROFILE  IS
 THE SUBJECT OF A FRAUD BAN.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03780-07-3
 A. 1057--C                          2
 
   (E)  "FRAUD  BAN"  SHALL  MEAN  WHEN  A MEMBER'S ACCOUNT OR PROFILE IS
 BARRED FROM AN ONLINE  DATING SERVICE BECAUSE, IN THE  JUDGMENT  OF  THE
 SERVICE,  THE  MEMBER  POSES  A SIGNIFICANT RISK OF ATTEMPTING TO OBTAIN
 MONEY FROM OTHER MEMBERS THROUGH FRAUDULENT MEANS.
   (F)  "NEW  YORK  MEMBER"  SHALL  MEAN A PERSON WHO PROVIDES A NEW YORK
 RESIDENTIAL OR BILLING ADDRESS OR ZIP CODE OR IS IN NEW YORK WHEN REGIS-
 TERING WITH THE ONLINE DATING SERVICE.
   (G) "PERSONALLY IDENTIFYING INFORMATION" SHALL MEAN ANY REPRESENTATION
 OF INFORMATION THAT PERMITS THE IDENTITY OF AN INDIVIDUAL  TO  WHOM  THE
 INFORMATION  APPLIES TO BE REASONABLY INFERRED BY EITHER DIRECT OR INDI-
 RECT MEANS WHICH SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, A  PERSON'S
 FULL  NAME,  HOME  ADDRESS, TELEPHONE NUMBER, GEOGRAPHIC LOCATION, EMAIL
 ADDRESS, SOCIAL SECURITY NUMBER,  OR  A  COMBINATION  OF  NON-PERSONALLY
 IDENTIFYING  INFORMATION  WHICH, WHEN PUT TOGETHER, CAN PERMIT THE IDEN-
 TIFICATION OF THE PERSON.  THE FIRST NAME, LAST NAME, AND  IMAGE  OF  AN
 INDIVIDUAL,  WHERE VOLUNTARILY PROVIDED TO AN ONLINE DATING SERVICE WITH
 THE KNOWLEDGE THAT  IT  WILL  BE  COMMUNICATED  TO  INDIVIDUALS  ON  THE
 SERVICE'S  PLATFORM OTHER THAN THE INDIVIDUAL PROVIDING IT, SHALL NOT BE
 CONSIDERED  PERSONALLY  IDENTIFYING  INFORMATION   WHEN   DISCLOSED   IN
 CONNECTION WITH A FRAUD BAN.
   2.  No  contract  for social referral service shall require payment by
 the purchaser of such service of a cash price in excess of one  thousand
 dollars.    Services  to be rendered to the purchaser under the contract
 may extend over a period not to exceed  two  years  from  the  date  the
 contract is entered into.  THIS SUBDIVISION SHALL NOT APPLY TO AN ONLINE
 DATING  SERVICE  CONTRACT WHERE THE INITIAL TERM IS ONE YEAR OR LESS AND
 ANY SUBSEQUENT TERMS ARE ONE YEAR OR LESS WHERE PAYMENT IN EXCESS OF THE
 AMOUNT PROVIDED UNDER THIS SUBDIVISION IS REASONABLE  IN  LIGHT  OF  THE
 SERVICE'S OFFERINGS.
   2-a. No social referral service provider shall require the purchase of
 an  ancillary  service  by a purchaser of a social referral service as a
 condition of entering into a social referral service contract with  such
 provider.
   3.  Every  contract for social referral service which requires payment
 by the purchaser of such service of a total amount in excess of  twenty-
 five  dollars shall provide that the seller of such service must furnish
 to the purchaser a specified certain  number  of  social  referrals  per
 month.    THIS  SUBDIVISION  SHALL NOT APPLY TO AN ONLINE DATING SERVICE
 WHERE THE USER CAN USE A  SEARCH  FUNCTIONALITY  OR  IS  PRESENTED  WITH
 POSSIBLE MATCHES.
   4.  Every  contract for social referral service which requires payment
 by the purchaser of such service of a total amount in excess of  twenty-
 five  dollars  shall  provide  that in the event that the seller of such
 service does not furnish to the purchaser the specified  certain  number
 of  social referrals, OR IN CASE OF AN ONLINE DATING SERVICE WITH SEARCH
 FUNCTIONALITY OR ALGORITHM OR LOCATION BASED MATCHING, ANY SOCIAL REFER-
 RAL, for two or more successive months  the  purchaser  shall  have  the
 option to cancel the contract and to receive a refund of all monies paid
 pursuant  to  the  cancelled contract with the exception that the seller
 shall be entitled to retain as a cancellation fee fifteen  per  cent  of
 the  cash  price  or  a  pro  rata  amount  for  the number of referrals
 furnished to the purchaser, whichever is greater.   Every such  contract
 shall  set forth in the contract and in the bill of rights the manner in
 which such services provider determines its cancellation fee pursuant to
 this subdivision.
 A. 1057--C                          3
 
   5. Every contract for social referral service shall provide  that  the
 seller will not without the prior written consent of the purchaser sell,
 assign  or  otherwise  transfer for business or for any other purpose to
 any person any information and material of a personal or private  nature
 acquired  from  a  purchaser  directly  or  indirectly including but not
 limited to answers to tests and  questionnaires,  photographs  or  back-
 ground information.
   5-a.  Every  contract for a social referral service shall provide each
 purchaser with the unilateral right to place his or  her  membership  on
 hold  for  a  period  of  up  to  one  year; provided, however, that the
 purchaser and social referral service may mutually  agree  to  a  longer
 period  not  to  exceed  two years.   To exercise the   unilateral right
 provided in this subdivision, a purchaser must notify the social  refer-
 ral service provider in writing of his or her intent to do so.
   6.  Every  contract  for social referral service shall provide that at
 the expiration of the contract or at the expiration of services rendered
 by the seller, for  any  reason,  all  information  and  material  of  a
 personal  or  private nature acquired from a purchaser directly or indi-
 rectly including but not limited to answers to tests and questionnaires,
 photographs or background information shall be promptly returned by  the
 seller to the purchaser by certified mail AND DELETED FROM ANY ELECTRON-
 IC STORAGE DEVICES.
   7.  (a)  Every contract for social referral service shall provide that
 such contract may be cancelled without a cancellation fee  within  three
 business  days  after  the date of PHYSICAL OR ELECTRONIC receipt by the
 buyer of a copy of the written contract.
   (b) In every social referral service sale, the seller shall furnish to
 the buyer a fully completed copy of the contract pertaining to such sale
 at the time of its execution, which is in the same language, e.g., Span-
 ish, as that principally used in the oral sales presentation  and  which
 shows  the  date of the transaction and contains the name and address of
 the seller, and in the immediate proximity to the space reserved in  the
 contract  for  the signature of the buyer and in not less than ten-point
 bold face type, a statement in substantially the following form:
 YOU, THE BUYER, MAY CANCEL THIS CONTRACT WITHOUT  ANY  CANCELLATION  FEE
 WITHIN  THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT. SEE THE
 ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
   (c) Notice of cancellation shall be delivered by certified  or  regis-
 tered  United States mail at the address, OR ELECTRONICALLY AT THE EMAIL
 ADDRESS, specified in the contract.
   (d) At the time the buyer signs the social referral service  contract,
 a completed form in duplicate, captioned "NOTICE OF CANCELLATION", which
 shall be attached to the contract and easily detachable, and which shall
 contain in not less than ten-point bold face type the following informa-
 tion and statements in the same language, e.g., Spanish, as that used in
 the contract:
                                    NOTICE OF CANCELLATION
                                    (enter date of transaction)
                                              (Date)
 YOU  MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN
 THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT BY MAILING  THIS
 SIGNED  AND  DATED  NOTICE  OF  CANCELLATION  BY CERTIFIED OR REGISTERED
 UNITED STATES MAIL TO THE SELLER AT THE ADDRESS SPECIFIED HEREIN. IF YOU
 CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE  CONTRACT  WILL  BE  RETURNED
 WITHIN  TEN  (10)  BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR
 CANCELLATION NOTICE.  TO CANCEL THIS TRANSACTION, MAIL BY  CERTIFIED  OR
 A. 1057--C                          4
 
 REGISTERED  UNITED STATES MAIL A SIGNED AND DATED COPY OF THIS CANCELLA-
 TION NOTICE TO:
 (Name of Seller)         NOT LATER THAN _______________
 (Address of Seller)                        (Date)
 ___________________
 
   IN  CASE  OF  AN  ONLINE  DATING  SERVICE, THE CONTRACT, INCLUDING THE
 STATEMENT REQUIRED BY THIS SUBDIVISION,  MAY  BE  FURNISHED  AND  SIGNED
 ELECTRONICALLY,  PROVIDED  SUCH  CONTRACT  IS PROVIDED TO THE BUYER IN A
 CLEAR AND CONSPICUOUS MANNER.
   (e) In every social referral service sale or renewal, the seller shall
 provide each purchaser with a clear and  conspicuous,  separate  written
 notice,  WHICH  MAY BE A CONSPICUOUS AND APPROPRIATELY LABELED HYPERLINK
 FOR AN ONLINE DATING SERVICE, to be known as the "Dating Service Consum-
 er Bill of Rights", which shall contain at least the following  informa-
 tion:
                  Dating Service Consumer Bill of Rights
   1.  No  social  referral service contract shall require the payment by
 you, the purchaser, of an amount greater than one thousand  dollars.  In
 addition, no such contract may extend over a period of time greater than
 two years.
   2. No social referral service contract shall require you, the purchas-
 er,  to  purchase  a  good  or  service  which is directly or indirectly
 related to the social referral service.  These extra services are  known
 as  ancillary services and, while these ancillary service may be offered
 to you, the law prohibits the seller from requiring  that  you  purchase
 this service as a condition of your social referral service contract.
   3.  If  your  social referral service contract costs more than twenty-
 five dollars, the seller must furnish a minimum number of referrals  per
 month  to  you.  If  this minimum amount is not furnished to you for two
 successive months, you have the option of cancelling  the  contract  and
 receiving  a  full refund of all the money you paid, less a cancellation
 fee which cannot exceed either fifteen percent of the cash  price  or  a
 pro rata amount for the number of referrals furnished to you.
   4.  Your  social  referral  service contract must specify the distance
 which you, the purchaser, are willing  to  travel  to  meet  any  social
 referral.  No  social  referrals  shall  be  furnished where you and the
 referral live at a distance greater than the distance specified  in  the
 contract.
   5.  The  provider must have an established policy to address the situ-
 ation of your moving outside the area it services. This policy  must  be
 explained in your contract.
   6.  If  any  provision  of  the  social  referral  service contract is
 violated, you have the right to bring a court action against the provid-
 er which has violated the contract.
   8. Every contract  for  social  referral  service  shall  specify  the
 distance  which the buyer is willing to travel to meet any social refer-
 ral. No social referral shall be furnished by the seller to the buyer if
 either the buyer or the social referral reside  at  a  distance  further
 than  the  distance specified in either the buyer's or social referral's
 contracts.  THIS SUBDIVISION SHALL NOT APPLY TO ONLINE  DATING  SERVICES
 THAT ARE GENERALLY AVAILABLE TO USERS ON A REGIONAL, NATIONAL, OR GLOBAL
 BASIS.
   8-a.  Every social referral service provider must establish and admin-
 ister a fair and reasonable policy for the situation in which a purchas-
 er moves to permanently reside at a location outside the service area of
 A. 1057--C                          5
 
 such provider.  This policy must be set  forth  in  every  contract  for
 social referral service.
   9. (a) Whenever there shall be a violation of this section an applica-
 tion  may  be  made by the attorney general in the name of the people of
 the state of New York to a court or justice  having  jurisdiction  by  a
 special  proceeding  to  issue  an  injunction,  and  upon notice to the
 defendant of not less than five days, to enjoin and restrain the contin-
 uance of such violation; and if it shall appear to the  satisfaction  of
 the  court  or  justice  that  the defendant has, in fact, violated this
 section, an injunction may be issued by the court or justice,  enjoining
 and restraining any further violations, without requiring proof that any
 person  has,  in  fact,  been  injured  or  damaged thereby. In any such
 proceeding, the court may make allowances to  the  attorney  general  as
 provided  in  paragraph  six  of subdivision (a) of section eighty-three
 hundred three of the civil practice law and rules, and  direct  restitu-
 tion.  Whenever  the  court  shall  determine  that  a violation of this
 section has occurred, the court may impose a civil penalty of  not  more
 than  one  thousand  dollars for each violation.  In connection with any
 such proposed application the attorney general  is  authorized  to  take
 proof  and  make  a  determination  of  the  relevant facts and to issue
 subpoenas in accordance with the  civil  practice  law  and  rules,  and
 direct restitution.
   (b)  Any  person who has been injured by reason of a violation of this
 section may bring an action in his  or  her  own  name  to  enjoin  such
 violation,  an  action  to  recover  his  or her actual damages or fifty
 dollars whichever is greater, or both such actions.
   (c) In cities having a population over one million, the provisions  of
 this  section  may be enforced concurrently with the attorney general by
 the director of a local or municipal consumer affairs office. In  cities
 having  a  population  over  one  million,  such local entities may also
 require social referral services to be licensed. Such licensing require-
 ments may be promulgated  as  are  reasonably  necessary  to  effectuate
 licensure,  provided,  however,  that  such  localities  may  not impose
 substantive requirements that are inconsistent with or more  restrictive
 than  those  set forth in this section. Any fee for such license may not
 exceed three hundred forty dollars for a two year period.
   10. (A) AN ONLINE DATING SERVICE SHALL DISCLOSE TO ALL OF ITS NEW YORK
 MEMBERS KNOWN TO HAVE PREVIOUSLY RECEIVED AND RESPONDED  TO  AN  ON-SITE
 MESSAGE FROM A BANNED MEMBER:
   (1)  THE USER NAME, IDENTIFICATION NUMBER, OR OTHER PROFILE IDENTIFIER
 OF THE BANNED MEMBER;
   (2) THE FACT THAT THE BANNED MEMBER WAS BANNED BECAUSE, IN  THE  JUDG-
 MENT  OF  THE  ONLINE    DATING SERVICE, THE BANNED MEMBER MAY HAVE BEEN
 USING A FALSE IDENTITY OR MAY POSE A SIGNIFICANT RISK OF  ATTEMPTING  TO
 OBTAIN MONEY FROM OTHER MEMBERS THROUGH FRAUDULENT MEANS;
   (3) THAT A MEMBER SHOULD NEVER SEND MONEY OR PERSONAL FINANCIAL INFOR-
 MATION TO ANOTHER MEMBER; AND
   (4)  A  HYPERLINK TO ONLINE INFORMATION THAT CLEARLY AND CONSPICUOUSLY
 ADDRESSES THE SUBJECT OF HOW TO AVOID BEING DEFRAUDED BY ANOTHER  MEMBER
 OF AN ONLINE DATING SERVICE.
   (B)  THE  NOTIFICATION  REQUIRED  BY PARAGRAPH (A) OF THIS SUBDIVISION
 SHALL BE:
   (1) CLEAR AND CONSPICUOUS;
   (2) BY E-MAIL, TEXT MESSAGE, OR OTHER APPROPRIATE  MEANS  OF  COMMUNI-
 CATION; AND
 A. 1057--C                          6
 
   (3)  SENT  WITHIN TWENTY-FOUR HOURS AFTER THE FRAUD BAN, OR AT A LATER
 TIME IF THE SERVICE HAS DETERMINED, BASED ON AN  ANALYSIS  OF  EFFECTIVE
 MESSAGING,  THAT  A  DIFFERENT  TIME  IS MORE EFFECTIVE, BUT IN NO EVENT
 LATER THAN THREE DAYS AFTER THE FRAUD BAN.
   (C) AN ONLINE DATING SERVICE SHALL NOT BE LIABLE TO ANY MEMBER WHO HAS
 AN ACCOUNT OR PROFILE THAT IS THE SUBJECT OF A FRAUD BAN, FOR DISCLOSING
 TO  ANY  MEMBER  THAT IT HAS BANNED THE MEMBER, THE USER NAME OR ACCOUNT
 IDENTIFIER OF THE BANNED MEMBER, OR THE REASONS FOR  THE  ONLINE  DATING
 SERVICE'S  DECISION  TO BAN SUCH MEMBER IN ACCORDANCE WITH THIS SUBDIVI-
 SION WHERE SUCH DISCLOSURE DOES NOT CONTAIN THEIR PERSONALLY IDENTIFYING
 INFORMATION.
   (D) THIS SECTION DOES NOT DIMINISH OR ADVERSELY AFFECT THE PROTECTIONS
 FOR ONLINE DATING SERVICES THAT ARE AFFORDED  IN  47  USC  230,  OR  ANY
 RIGHTS OR PROTECTIONS OTHERWISE PROVIDED TO A CONSUMER IN LAW.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Assembly Bill A1057B

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2023-A1057 - Details

2023-A1057 - Summary

2023-A1057 - Bill Text download pdf

2023-A1057A - Details

2023-A1057A - Summary

2023-A1057A - Bill Text download pdf

2023-A1057B - Details

2023-A1057B - Summary

2023-A1057B - Bill Text download pdf

2023-A1057C (ACTIVE) - Details

2023-A1057C (ACTIVE) - Summary

2023-A1057C (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A1057B

Share this bill

Sponsored By

VANEL

Current Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2023-A1057 - Details

2023-A1057 - Summary

2023-A1057 - Bill Text download pdf

2023-A1057A - Details

2023-A1057A - Summary

2023-A1057A - Bill Text download pdf

2023-A1057B - Details

2023-A1057B - Summary

2023-A1057B - Bill Text download pdf

2023-A1057C (ACTIVE) - Details

2023-A1057C (ACTIVE) - Summary

2023-A1057C (ACTIVE) - Bill Text download pdf

Comments