As used in this chapter:

(1) “Banned member” means a member whose account or profile is the subject of a fraud ban.

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Terms Used In Utah Code 13-67-101

  • Conviction: A judgement of guilt against a criminal defendant.
  • Criminal conviction: includes an offense that would require registration under Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or under a similar law in a different jurisdiction. See Utah Code 13-67-101
  • Division: means the Division of Consumer Protection in the Department of Commerce. See Utah Code 13-67-101
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
         (34)(a) sex and reproductive organ anatomy;
         (34)(b) chromosomal makeup; and
         (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) “Criminal background screening” means a name search for an individual’s criminal conviction and is conducted by searching:

     (2)(a) available and regularly updated government public record databases that in the aggregate provide national coverage for criminal conviction records; or
     (2)(b) a regularly updated database with national coverage of criminal conviction records and sexual offender registries maintained by a private vendor.
(3)

     (3)(a) “Criminal conviction” means a conviction for a crime in this state, another state, or under federal law.
     (3)(b) “Criminal conviction” includes an offense that would require registration under Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or under a similar law in a different jurisdiction.
(4) “Division” means the Division of Consumer Protection in the Department of Commerce.
(5) “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.
(6) “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.
(7) “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.
(8) “Online dating service provider” means a person predominately engaged in the business of offering an online dating service.
(9) “Utah member” means a member who provides a Utah billing address or zip code when registering with an online dating service provider.