S.Amdt. 4167

The amendment, titled the Romance Scam Prevention Act, aims to add a new section to bill H.R. 6938. Its purpose is to require online dating service providers to notify users when they have received a message from a member who has been banned for fraud.

Key Changes and Additions:

• Notification Requirements: Providers must send a clear and conspicuous notification via email, text, or other consented means. This notice must include the banned member's identifier, the timing of the last message, a warning that the member may be using a false identity or attempting to defraud others, advice against sending money or financial information, best practices to avoid fraud, and customer service contact info.

• Timing of Notices: Notifications generally must be sent within 24 hours of a fraud ban. This can be extended to 3 days based on the provider's judgment or delayed further upon request by a law enforcement official for an ongoing investigation.

• Enforcement: The Federal Trade Commission (FTC) is tasked with enforcement, treating violations as unfair or deceptive acts. State attorneys general or authorized consumer protection officers may also bring civil actions.

• Legal Protections and Standards: The act provides a safe harbor so providers are not liable for complying with these notification requirements. It also establishes a single national standard, preventing states from creating their own conflicting notification laws, though it does not preempt state laws regarding torts or contracts.