13-67-105. Fraud ban notification.

383 words·~2 min read·/ut/title-13/chapter-67/13-67-105

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 1/1/2024

(1)An online dating service provider shall provide to a Utah member a fraud ban notification if the Utah member has received and responded to a message from a banned member.

(2)A fraud ban notification under Subsection

(1)shall include:

(a)to the extent permitted by law, the banned member's username, identification number, or other profile identifier;

(b)a statement that the banned member may have been using a false identity or attempting to defraud members;

(c)a statement that a member should not send money or personal financial information to another member; and

(d)an online link to information regarding ways to avoid online fraud or being defrauded by a member of an online dating service.

(3)A fraud ban notification under Subsection

(1)shall be:

(a)clear and conspicuous;

(b)sent by email, text message, or other appropriate means of communication consented to by the Utah member; and

(i)except as provided in Subsection (3)(c)(ii) , sent within 24 hours after a fraud ban is initiated against a banned member; or

(ii)sent within three days after the day on which a fraud ban is initiated against a banned member if, in the judgment of the online dating service provider, the circumstances require the fraud ban notification be sent after the 24-hour period.

(4)Except as provided in Section 13-67-106 , an online dating service provider or an online dating service provider's employees and agents who are acting in good faith and in compliance with this section are not liable to a person based on:

(a)the means of communication used to issue a fraud ban notification to a Utah member under this section;

(b)the timing of a fraud ban notification sent to a Utah member under this section; or

(c)the disclosure of information in a fraud ban notification under this section, including:

(i)information that a member is a banned member or the subject of a fraud ban;

(ii)the banned member's username, identification number, or other profile identifier; or

(iii)the reason that the online dating service provider initiated the fraud ban of the banned member.

Enacted by Chapter 31 , 2023 General Session

Technically renumbered to avoid duplication of newly enacted Chapter also in SB 152, Chapter 498.