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AB-314 Dating service contracts: online services. (2017-2018)

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Date Published: 03/22/2017 09:00 PM
AB314:v98#DOCUMENT

Amended  IN  Assembly  March 22, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 314


Introduced by Assembly Member Mullin

February 06, 2017


An act to amend Section 1694 of the Civil Code, relating to dating service contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 314, as amended, Mullin. Dating service contracts: online services.
Existing law defines and regulates dating service contracts. Existing law requires a dating service contract to be in writing and requires that a copy of the contract be provided to the buyer at the time he or she signs the contract. Existing law further requires that a dating service contract contain a conspicuous statement, placed as specified, regarding the right of the buyer to cancel the agreement.
This bill would except from the law regulating dating service contracts, described above, an Internet online dating service contract between a buyer and a person or organization engaged in the business of offering dating, matrimonial, or social referral services online, where the services are offered primarily online, such as by means of an Internet Web site, or by means of site or a mobile application, if specified conditions are met relating to disclosure of the contract terms and the manner of cancellation. met. The bill would provide that if an online dating service attempts to comply in good faith with those conditions, technical or procedural noncompliance shall not disqualify the person or organization as an online dating service for the purpose of the exception.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1694 of the Civil Code is amended to read:

1694.
 (a) Except as provided in subdivision (b), as used in this chapter, a dating service contract is any contract with any organization that offers dating, matrimonial, or social referral services by any of the following means:
(1) An exchange of names, telephone numbers, addresses, and statistics.
(2) A photograph or video selection process.
(3) Personal introductions provided by the organization at its place of business.
(4) A social environment provided by the organization intended primarily as an alternative to other singles’ bars or club-type environments.
(b) This chapter does not apply to an Internet online dating service contract between a buyer and a person or organization engaged in the business of offering dating, matrimonial, or social referral services online, where the services are offered primarily online, such as by means of an Internet Web site, or by means of site or a mobile application, if the following conditions are met:
(1) The buyer can view the contract terms, which shall include notice of the right to cancel described in paragraph (2), (2) and the death and disability provisions set forth in subdivision (a) of Section 1694.3, before entering the contract.
(2) The buyer can cancel the contract in the same manner as set forth in Section 1694.1, with the addition of being permitted to give written notice of cancellation by e-mail, without liability and with a refund of all moneys paid pursuant to the contract, until midnight of the third business day after the day on which the buyer entered the contract.
(3) The initial term of the contract, excluding any renewal or extension of the contract, does not exceed two years from the date the contract is entered into and is not measured by the life of the buyer.
(4) The online dating service provides the buyer the ability to alter the user settings such that the online dating service will no longer cause the buyer’s profile to be distributed for public display on the user-facing Internet Web sites or applications of the online dating service. The online dating service shall effectuate this preference within a reasonable period, not to exceed three business days.
(5) The online dating service provides, references, or otherwise links to dating safety awareness information that includes, at a minimum, a list or descriptions of safety measures reasonably aimed at increasing awareness of safer dating practices.
(6) The online dating service provides the buyer with a means to report issues or concerns relating to the behavior of other users of the online dating service arising out of their use of the service.
(c) If an online dating service attempts to comply in good faith with the conditions imposed in subdivision (b), technical or procedural noncompliance shall not disqualify the person or organization as an online dating service for the purpose of that subdivision.