A.R.S. tit. 44 ch. 28 — Arizona Revised Statutes Title 44 Chapter 28 — Dating Services

44-7151. Definitions In this chapter, unless the context otherwise requires: 1. "Banned member" means a member whose account or profile is the subject of a fraud ban. 2. "Dating referral services" means services that are primarily intended to introduce or match adults for social or romantic activities, including activities that are commonly referred to as computer dating or video dating services. Dating referral services does not include arrangements in which one party is compensated for engaging in the social activity. 3. "Dating services enterprise" or "enterprise" means any person or business entity that offers dating referral services to the public for compensation. 4. "Fraud ban" means the barring of a member from an online dating service because, in the judgment of the online dating service, the member poses a significant risk of attempting to obtain monies from other members through fraudulent means, using a false identity or attempting to defraud other members. 5. "Member" means a person who submits to an online dating service the information required by the online dating service to access the online dating service for the purpose of engaging in dating or participating in a compatibility evaluation with other persons. 6. "Members in this state" means members who provide a billing address or zip code in this state when registering with an online dating service. 7. "Online dating service" means a product or service that offers or provides to its members access to dating, romantic relationships or matrimonial services between persons through the internet to arrange or facilitate the social introduction of two or more persons. 44-7152. Dating referral services contracts A. Every contract for dating referral services shall be in writing and is subject to this article. A dating services enterprise shall include any requirement or prohibition prescribed in this article in the written contract before the customer signs the contract. The enterprise shall give the customer a copy of the written contract at the time the customer signs the contract. The enterprise shall keep original copies of all contracts for services for three years after the expiration of those contracts. B. Any contract for dating referral services that does not comply with this article is void and unenforceable. 44-7153. Rescission; refunds; definition A customer may rescind a contract for dating referral services within three business days after the customer signs the contract if within the three day period the customer either sends a signed written notice by certified mail to the dating services enterprise at the address specified in the contract or the customer personally delivers a signed written notice to the dating services enterprise at the address specified in the contract or at the dating services enterprise facility. Within thirty days after receipt of the notice of rescission, the enterprise shall refund to the customer any monies the customer paid under the contract. For the purposes of this section, "business day" means any day on which the dating services enterprise facility is open for business, excluding Sundays and other legal holidays. 44-7154. Prohibited contract provisions; prohibited acts A. A contract for dating referral services shall not: 1. Require payments or financing over a period of more than three years after the effective date of the contract and shall not extend for the life of the customer. 2. Extend the initial term of services to be rendered under the contract to more than one year after the effective date of the contract. At the end of the contract period, the dating services enterprise may give the customer the option to renew the contract for one year. 3. Require the customer to give up any right the customer may have against the enterprise. An assignment of the contract by the enterprise does not affect any right of action or defense arising out of the contract that the customer has against the enterprise. B. A dating services enterprise shall not sell, induce or allow any customer to become directly or indirectly obligated under more than one contract for services for the purposes of avoiding the requirements and penalties prescribed in this article. C. Any waiver by a customer of any requirement prescribed in this article is void and unenforceable. D. A dating services enterprise shall not: 1. Use coercive sales tactics. 2. Misrepresent the quality, benefits or nature of services. 3. Misrepresent the qualifications or number of other customers participating in the services provided by the enterprise. 4. Misrepresent the success the enterprise has had in making matches or referrals that are favorable to the enterprise's customers. E. Any contract entered into in reliance on any false, fraudulent or misleading information, representation, notice or advertisement made by the enterprise or any of the enterprise's employees or agents is void and unenforceable. 44-7155. Damages; attorney fees A court of competent jurisdiction may award a prevailing party actual damages and reasonable attorney fees and costs. 44-7156. Enforcement by attorney general Any violations of this article is an unlawful act or practice pursuant to section 44-1522. The attorney general may investigate the act or practice and take appropriate action pursuant to chapter 10, article 7 of this title. 44-7157. Fraud ban disclosures A. An online dating service shall provide notice to all of its members in this state who the online dating service knows have previously received and responded to an on-site message from another member who is subject to a fraud ban. The notice shall include all of the following: 1. The username, identification number or other profile identifier of the banned member. 2. A statement that the banned member may have been using a false identity or may attempt to defraud other members. 3. A statement that members should not send monies or personal financial information to another member. 4. A hyperlink that provides information regarding ways to avoid online fraud or being defrauded by a member of an online dating service. B. The notification required by subsection A of this section shall be all of the following: 1. Clear and conspicuous. 2. Sent via email, text message or other appropriate means of communication consented to by the member. 3. Sent within twenty-four hours after the fraud ban is initiated against the banned member, except that notification may be sent within three days after the fraud ban is initiated if, in the judgment of the online dating service, circumstances require additional time. C. An online dating service whose agents and employees are acting in good faith is not liable to any person, other than this state or any agency, department or political subdivision of this state: 1. For the means of communication used to notify a member. 2. When notification is sent pursuant to this section. 3. For disclosing any of the following: (a) That a member has been banned. (b) The username, identification number or other profile identifier of the banned member. (c) The reason that the online dating service initiated the fraud ban of a member. D. This section does not create a private right of action or diminish or adversely affect the protections afforded in 47 United States Code section 230.