Assembly Bill A8713B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8713
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2025
                                ___________
 
 Introduced  by  M.  of  A.  P. CARROLL  -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to banned  members
   of social referral services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (d) of subdivision  1,  subdivision  6,  and  the
 opening paragraph of paragraph (a) of subdivision 10 of section 394-c of
 the  general business law, as amended by chapter 13 of the laws of 2025,
 are amended to read as follows:
   (d) "banned member" shall mean the member whose account or profile  is
 the  subject  of  a fraud ban OR HAS BEEN TERMINATED BY AN ONLINE DATING
 SERVICE FOR A VIOLATION OF THE TERMS OF SERVICE.
   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 or destroyed and deleted  from
 any  electronic  storage  devices,  with certification of destruction or
 deletion promptly provided to the purchaser  UPON  REQUEST,  unless  the
 retention  of  such information and material is required (a) by federal,
 state, or local laws, rules or regulations or (b) to comply with a judi-
 cial court order. NOTWITHSTANDING THE PROVISIONS  OF  THIS  SUBDIVISION,
 THE SOCIAL REFERRAL SERVICE MAY RETAIN SUCH INFORMATION AND MATERIAL FOR
 A  PERIOD  OF  SIX  YEARS  FROM THE EXPIRATION OF THE CONTRACT OR AT THE
 EXPIRATION OF SERVICES RENDERED WHERE THE PURCHASER IS A  BANNED  MEMBER
 OR  THE PURCHASER IS IN POSSESSION OF INFORMATION OR MATERIAL CONTAINING
 EVIDENCE OF THE BANNED MEMBER'S VIOLATION OF THE  TERMS  OF  SERVICE  OR
 FRAUD  BAN.  SUCH  INFORMATION AND MATERIAL SHALL BE RETAINED SOLELY FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13219-01-5
              

 A. 8713                             2
 
 THE PURPOSE OF ENFORCING THE FRAUD BAN OR TERMINATION OF THE ACCOUNT  OR
 PROFILE AND TO PRESERVE INFORMATION OR MATERIAL THAT MAY BECOME RELEVANT
 TO  A LAW ENFORCEMENT REQUEST, CRIMINAL OR CIVIL LITIGATION, OR JUDICIAL
 COURT  ORDER,  OR  WHICH  IS NECESSARY TO COMPLY WITH FEDERAL, STATE, OR
 LOCAL LAWS.
   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 SUBJECT TO A FRAUD BAN:
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8713--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2025
                                ___________
 
 Introduced  by  M.  of  A.  P. CARROLL  -- read once and referred to the
   Committee on Consumer Affairs and Protection  --  recommitted  to  the
   Committee on Consumer Affairs and Protection in accordance with Assem-
   bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the general business law, in relation to banned  members
   of social referral services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) of subdivision 1  of  section  394-c  of  the
 general  business  law, as amended by chapter 13 of the laws of 2025, is
 amended and two new paragraphs (h) and (i) are added to read as follows:
   (d) "banned member" shall mean the member whose account or profile  is
 the subject of a fraud ban OR CONTENT BAN.
   (H)  "CONTENT  BAN"  SHALL  MEAN WHEN A MEMBER'S ACCOUNT OR PROFILE IS
 BARRED FROM AN ONLINE DATING SERVICE BECAUSE, IN THE  JUDGMENT  OF  SUCH
 ONLINE  DATING  SERVICE,  SUCH MEMBER WAS FOUND TO HAVE ENGAGED IN OR IS
 SUBSTANTIALLY LIKELY TO HAVE ENGAGED IN CONDUCT OR  SHARE  CONTENT  THAT
 VIOLATES  LAW,  BREACHES SUCH ONLINE DATING SERVICE'S TERMS OR POLICIES,
 OR POSES A SIGNIFICANT RISK OF HARM  TO  USERS  ON  SUCH  ONLINE  DATING
 SERVICE'S PLATFORM.
   (I) "CONTRACT AND CUSTOMER SERVICE RECORDS" SHALL INCLUDE THE CONTRACT
 BETWEEN  A  USER OF A SOCIAL REFERRAL SERVICE'S PLATFORM AND SUCH SOCIAL
 REFERRAL SERVICE, INCLUDING ANY CONTRACT AMENDMENTS OR ANCILLARY  AGREE-
 MENTS, EVIDENCE OF SUCH USER'S ACCEPTANCE OF SUCH CONTRACT'S TERMS, SUCH
 USER'S  NAME AND CONTACT INFORMATION, AND ANY NOTICES PROVIDED BY EITHER
 SUCH PARTY INCLUDING, BUT  NOT  LIMITED  TO,  NOTICES  OF  CANCELLATION,
 CONSENT,  OR  WITHDRAWAL  OF  CONSENT,  CUSTOMER SERVICE RECORDS, AND/OR
 PURCHASE AND BILLING RECORDS, EXCEPT THAT SUCH RECORDS SHALL EXCLUDE ANY
 SENSITIVE PAYMENT INFORMATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13219-02-6
 A. 8713--A                          2
              

 
   § 2. Subdivision 6 of section 394-c of the general  business  law,  as
 amended  by  chapter  13  of  the  laws  of  2025, is amended to read as
 follows:
   6.  (A)  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 or destroyed and deleted
 from any electronic storage devices WITHIN  NINETY  DAYS,  with  certif-
 ication  of  destruction  or deletion promptly provided to the purchaser
 UPON REQUEST, unless the retention of such information and  material  is
 required [(a)]:
   (I) by federal, state, or local laws, rules or regulations [or (b)];
   (II) to comply with a judicial court order; OR
   (III)  BY  SUCH  SOCIAL  REFERRAL SERVICE TO MAINTAIN ENFORCEMENT OF A
 FRAUD BAN OR CONTENT BAN.
   (B) INFORMATION AND MATERIAL RETAINED  TO  EFFECTUATE  AND  ENFORCE  A
 FRAUD BAN OR CONTENT BAN PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH (A)
 OF  THIS  SUBDIVISION SHALL NOT BE USED FOR ANY OTHER PURPOSE EXCEPT FOR
 IDENTIFYING THE PURCHASER IN ORDER TO EFFECTUATE AND ENFORCE SUCH  FRAUD
 BAN  OR  CONTENT  BAN.  SUCH  INFORMATION AND MATERIAL RETAINED FOR SUCH
 PURPOSE SHALL BE LIMITED TO THE INFORMATION AND  MATERIAL  COLLECTED  BY
 THE  SOCIAL  REFERRAL  SERVICE  IN  ORDER FOR THE PURCHASER TO CREATE AN
 ACCOUNT AND PROFILE. A SOCIAL REFERRAL SERVICE MAY RETAIN  CONTRACT  AND
 CUSTOMER  SERVICE RECORDS FOR A PERIOD NOT TO EXCEED SIX YEARS, OR FOR A
 PERIOD FOR WHICH A PURCHASER MAY BE AUTHORIZED  TO  BRING  ACTION  UNDER
 SECTION TWO HUNDRED THIRTEEN OF THE CIVIL PRACTICE LAW AND RULES, WHICH-
 EVER IS LONGER.
   §  3.  The  opening  paragraph  of  paragraph (a) of subdivision 10 of
 section 394-c of the general business law, as amended by chapter  13  of
 the laws of 2025, is amended to read as follows:
   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 SUBJECT TO A FRAUD BAN:
   § 4. This act shall take effect immediately.