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AB-2010 Online dating services: banned users.(2019-2020)

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Date Published: 01/28/2020 09:00 PM
AB2010:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2010


Introduced by Assembly Member Cunningham

January 28, 2020


An act to amend the heading of Chapter 2.1 (commencing with Section 1694) of, to add the heading of Article 1 (commencing with 1694) of Chapter 2.1 of, and to add Article 2 (commencing with Section 1694.41) to Chapter 2.1 of, Title 5 of Part 2 of Division 3 of the Civil Code, relating to online dating services.


LEGISLATIVE COUNSEL'S DIGEST


AB 2010, as introduced, Cunningham. Online dating services: banned users.
Existing law regulates dating service contracts and prescribes requirements for their contents. Existing law grants a buyer of dating services the right to cancel a dating services contract within 3 days, as specified, after the day on which the buyer signs an agreement or offer to purchase those services. Existing law defines “online dating services” for these purposes as any person or organization engaged in the business of offering dating, matrimonial, or social referral services online, if the services are offered primarily online.
This bill would prescribe requirements for an online dating service in connection with users who are banned from the service because the person may have used a false identity or may have posed a significant risk of attempting to obtain money from, or provide money to, another user through fraudulent means. The bill would require the service to send a specified notice to a California user known to have previously received and responded to an onsite message from a banned user. The bill would require that the notice be sent within 24 hours after a banned user has been identified and banned, or at a later time if the service has determined that a different time is more effective, but not later than 3 days after the ban. The bill would require the online dating service to establish a procedure by which a banned user may challenge the user’s ban, and require the service to take corrective action if a banned user provides persuasive evidence that the ban was not reasonable. The bill would except from its provisions law enforcement officials acting within the scope of their employment investigating internet crime. The bill would make organizational and conforming changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 The heading of Chapter 2.1 (commencing with Section 1694) of Title 5 of Part 2 of Division 3 of the Civil Code is amended to read:
CHAPTER  2.1. Dating Service Contracts Services

SEC. 2.

 The heading of Article 1 (commencing with Section 1694) is added to Chapter 2.1 of Title 5 of Part 2 of Division 3 of the Civil Code, to read:
Article  1. Dating Service Contracts

SEC. 3.

 Article 2 (commencing with Section 1694.41) is added to Chapter 2.1 of Title 5 of Part 2 of Division 3 of the Civil Code, to read:
Article  2. Banned Users

1694.41.
 (a) For purposes of this section, “banned user” means a user of an online dating service who was banned from the service because the person may have used a false identity or may have posed a significant risk of attempting to obtain money from, or provide money to, another user through fraudulent means.
(b) An online dating service shall provide a disclosure containing all of the following information to any California user known to have previously received and responded to an onsite message from a banned user:
(1) The banned user’s name, identification number, or other profile identifier.
(2) A statement of facts that describes the circumstances that led the online dating service to identify the user as banned.
(3) A statement that sending money or personal financial information to another user is never recommended.
(4) A hyperlink to online information that clearly addresses the subject of how to avoid being defrauded by another user of an online dating service.
(c) The notification required by subdivision (b) shall be all of the following:
(1) Clear and conspicuous.
(2) Provided by email, text message, or in-application message.
(3) Sent within 24 hours after a banned user has been identified and banned, 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 not later than three days after the ban is effective.
(d) The online dating service shall establish a procedure by which a banned user may challenge the user’s ban. If a banned user provides persuasive evidence that the ban was not reasonable, the online dating service shall take appropriate corrective action.
(e) This section does not apply to law enforcement officials acting within the scope of their employment while investigating internet crime.