Utah Code 13-67-105. Fraud ban notification
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(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.
Terms Used In Utah Code 13-67-105
- Banned member: means a member whose account or profile is the subject of a fraud ban. See Utah Code 13-67-101
- Fraud: Intentional deception resulting in injury to another.
- Fraud ban: means the expulsion of a member from an online dating service because, in the judgment of the online dating service provider, there is a significant risk the member will attempt to obtain money from another member through fraudulent means. See Utah Code 13-67-101
- Member: means an individual who submits to an online dating service provider the information required by the online dating service provider to access the online dating service provider's online dating service. See Utah Code 13-67-101
- Online dating service: means a product or service that is:(7)(a) conducted through a website or a mobile application; and(7)(b) primarily marketed and intended to offer a member access to dating or romantic relationships with another member by arranging or facilitating the social introduction of members. See Utah Code 13-67-101
- Online dating service provider: means a person predominately engaged in the business of offering an online dating service. See Utah Code 13-67-101
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Utah member: means a member who provides a Utah billing address or zip code when registering with an online dating service provider. See Utah Code 13-67-101
(2) A fraud ban notification under Subsection (1) shall include:(2)(a) to the extent permitted by law, the banned member’s username, identification number, or other profile identifier;(2)(b) a statement that the banned member may have been using a false identity or attempting to defraud members;(2)(c) a statement that a member should not send money or personal financial information to another member; and(2)(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:(3)(a) clear and conspicuous;(3)(b) sent by email, text message, or other appropriate means of communication consented to by the Utah member; and(3)(c)(3)(c)(i) except as provided in Subsection (3)(c)(ii), sent within 24 hours after a fraud ban is initiated against a banned member; or(3)(c)(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:(4)(a) the means of communication used to issue a fraud ban notification to a Utah member under this section;(4)(b) the timing of a fraud ban notification sent to a Utah member under this section; or(4)(c) the disclosure of information in a fraud ban notification under this section, including:(4)(c)(i) information that a member is a banned member or the subject of a fraud ban;(4)(c)(ii) the banned member’s username, identification number, or other profile identifier; or(4)(c)(iii) the reason that the online dating service provider initiated the fraud ban of the banned member.