Senate Bill S9097A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9097--A
     Cal. No. 685
 
                             I N  S E N A T E
 
                             February 3, 2026
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology --
   reported favorably from said committee, ordered to  first  and  second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place in the order of third reading

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

                                                            LBD13219-05-6
 S. 9097--A                          2
 
   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 THIRTY 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.