(a) "internet dating service" means a person or entity directly or
indirectly in the business, for profit, of offering, promoting or
providing access to dating, relationship, compatibility, matrimonial or
social referral services principally on or through the internet.
(b) "internet service provider" means any person, business or
organization qualified to do business in this state that provides
individuals, corporations, or other entities with the ability to connect
to the internet through equipment that is located in this state.
(c) "member" means a customer, client or participant who submits to an
internet dating service information required to access the service for
the purpose of engaging in dating, relationship, compatibility,
matrimonial or social referral.
(d) "New York member" means a member who provides an in-state billing
address or zip code when registering with the service.
2. An internet dating service offering services to New York members
shall provide safety awareness notification that includes, at minimum, a
list and description of safety measures reasonably designed to increase
awareness of safer dating practices in a clear and conspicuous manner.
Such notification shall include, but not be limited to, the following
statements or substantially similar statements:
(a) "There is no substitute for acting with caution when communicating
with any stranger who wants to meet you."
(b) "Never include your last name, e-mail address, home address, phone
number, place of work, or any other identifying information in your
internet profile or initial e-mail messages. Stop communicating with
anyone who pressures you for personal or financial information or
attempts in any way to trick you into revealing it."
(c) "If you choose to have a face-to-face meeting with another member,
always tell someone in your family or a friend where you are going and
when you will return. Never agree to be picked up at your home. Always
provide your own transportation to and from your date and meet in a
public place with many people around."
Such notification shall be given at the time a New York member
registers with the service and by way of a link on the main website, or
the first entry point, of the service.
3. (a) The attorney general may bring an action against an internet
dating service that violates the provisions of this section:
(i) to enjoin further violation of the provisions of this section; and
(ii) to recover up to two hundred fifty dollars for each New York
member registered with the internet dating service during the time
period that the internet dating service was in violation of this
section.
(b) In an action under subparagraph (ii) of paragraph (a) of this
subdivision, a court may increase the damages up to three times the
damages allowed by such paragraph where the defendant has been found to
have engaged in a pattern and practice of violating the provisions of
this section.
(c) No internet dating service shall be deemed to have violated the
provisions of this section if such internet dating service shows, by a
preponderance of the evidence, that the violation was not intentional
and resulted from a bona fide error made notwithstanding the maintenance
of procedures reasonably adopted to avoid such error.
(d) Nothing in this section shall be construed to restrict any right
which any person may have under any other statute or common law.
4. An internet service provider does not violate this section solely
as a result of serving as an intermediary for the transmission of
electronic messages between members of an internet dating service.
Structure New York Laws
390 - Substitution of Spurious Oils for Internal Combustion Engines.
390-A - Optical Discs; Requirements.
390-B - Anti-Phishing Act of 2006.
390-C - Prohibit Persons Under Eighteen Years of Age in Certain Facilities.
390-C*2 - Posting of Warnings by Commercial Entities Offering Internet Access to the Public.
390-D - Information Concerning Services for Human Trafficking Victims in Facilities at Truck Stops.
391 - Marking Retreaded, Recapped or Recut Tires.
391-A - Unlawful Acts Relating to Liquid Fuels, Lubricating Oils and Similar Products.
391-B - Prohibit Any Sale of Dangerous Clothing Articles.
391-E - Promotion of Camps by Certain Organizations.
391-F - Promotion of Private Schools by Certain Organizations.
391-G - Rental of Motor Vehicles; Discrimination on the Basis of Age Prohibited.
391-H - Lubricating Oils; Container; Notice Required.
391-I - Sale of Urea-Formaldehyde Foam Insulation; Notice.
391-J - Sale of Fire Extinguishers.
391-JJ - Sale of Electric Space Heaters.
391-K - Automatic Garage Door Opening Systems.
391-L - Personal Emergency Response Service Agreements; Required Cancellation Provisions.
391-L*2 - Rental of Motor Vehicles; Discrimination on the Basis of Credit Card Ownership.
391-M - Manufacture and Sale of In-Line Skates; Regulation Of.
391-N - Sale of Reptiles; Notice.
391-O - Sale or Promotional Distribution of Dietary Supplements Containing Ephedra.
391-P - Prohibit the Rental of Clothing Articles Previously Worn.
391-R - Restricted Access to Retail Sale of Ipecac.
391-S - Restricted Access to Retail Sale of Dextromethorphan, Commonly Known as "Dxm".
391-S*2 - Sale and Distribution of Novelty Lighters Prohibited.
391-T - Sale of Small Animals; Instructions on Care.
391-U - Pricing Goods and Services on the Basis of Gender Prohibited.
391-U*2 - Restrictions on the Sale and Use of Firefighting Equipment Containing Pfas Chemicals.
391-V - Third-Party Food Delivery Agreements.
392-A - Sale of New Computers.
392-B - False Labels and Misrepresentations.
392-C - Obliteration of Marks of Origin.
392-D - Using False Marks as to Manufacture.
392-E - Using False Statements or Altering Mileage Registering Devices.
392-G - Sale of Ultraviolet Radiation Devices.
392-H - Trash Receptacles; Dumpsters.
392-I - Prices Reduced to Reflect Change in Sales Tax Computation.
392-J - Sales of Sparkling Devices.
393-A - Non Fire Rated Wood Paneling.
393-C - Sale of Required Labor Postings.
393-D - Sale of Certified Copies of Property Deeds.
393-E - Sale of Abandoned Property Location Services.
394 - Lost or Destroyed Certificate of Stock.
394-A - Proof of Lost Negotiable Paper.
394-C - Limitations on Certain Contracts Involving Social Referral Services.
394-CC - Internet Dating Safety.
394-CCC - Social Media Networks; Hateful Conduct Prohibited.
394-D - Privity of Contract Between Franchise Seller and Customer or Patron of Dealer.
394-E - Report on Request for Abortional Services.
394-F - Warrants for Reproductive Health Related Electronic Data.
394-G - Geofencing of Health Care Facilities.
394-H - Electronic Health Information Protections.
395 - Required Disclosure of Prior Use.
395-A - Maintenance Agreements.
395-B - Unlawfully Installing or Maintaining a Two-Way Mirror or Other Viewing Device.
396 - Unlawful Selling Practices.
396-A - Representation by Savings and Loan Association of Insurance on Accounts.
396-AA*2 - Unsolicited Telefacsimile Advertising.
396-BB - Sale of Motor Fuels to Disabled Persons.
396-C - Advertisements by Persons Engaged in Dental Business Relating to Dentures and Bridges.
396-CC - Notification of Enclosure Requirements for Swimming Pools.
396-CC*2 - Senior Citizen Discounts.
396-D - Advertisement and Description of Real Property.
396-DD - Renting of Horses; Helmets and Safety Information.
396-E - Marking Articles Made of Linen.
396-EE - Sale of Certain Weapons; Locking Devices Therefor.
396-EEE - Unlawful Sale or Delivery of Body Armor.
396-F - Sale of Blind Made Products.
396-G - Sale of Products Processed by the Blind.
396-HH - Sale of Poppies, Forget-Me-Nots, Daisies, Flags and Other Articles for Patriotic Purposes.
396-I - Acceptance of Unexpired Gift Certificates.
396-J - Sale or Possession of Master or Manipulative Keys for Motor Vehicles.
396-K*2 - Sale of Certain Motor Vehicles Damaged by the Ravages of Natural Disaster.
396-KK - Sale of Video Game Consoles.
396-L - Shopping Carts; Child Protective Devices.
396-M - Mail-Order or Telephone-Order Merchandise.
396-MM - Unlawful Trial Offers.
396-N - Sales With "Money Back Guarantee" and With "Limited Guarantee".
396-O - Sales by Persons Offering Credits or Refunds in Certain Cases.
396-P - Rates to Be Posted in Taxicabs; Certain Charges Prohibited.
396-P*2 - Contracts for the Sale of New Motor Vehicles.
396-Q - New Motor Vehicles; Sales and Leases.
396-QQ - New Motor and Used Motor Vehicles; Sales and Leases.
396-S - Individual Sewage Disposal System; Information to Vendees of Newly Constructed Homes.
396-SS - Access Number Notification.
396-T - Unlawful Practices Relating to Layaway Plans.
396-TT - Listing of Business Location in Directory or Database.
396-V - Operation of Public Automated Blood Pressure Machines.
396-W - Loitering for the Purpose of Soliciting Passengers for Transportation.
396-X - Gasoline Stations; Air Pumps Required.
396-X*2 - Unauthorized Removal or Destruction of Newspapers.
396-Y - Sale of Certain Personal Property; Incentives; Disclosure of Value.
396-Z - Rental Vehicle Protections.
397 - Unlawful Use of Name or Other Identification of Certain Non-Profit Organizations.
397-A - Distributing Unsolicited Advertising on Private Property Prohibited; Certain Cities.
398 - Bills of Lading to Be Issued by Vessels Transporting Merchandise Within the State.
398-A - Shipment of Motor Vehicles Outside the Continental United States.
398-B - Discrimination in Car Rentals Prohibited.
398-D - Disposal of Abandoned Molds.
398-E - Indemnity Provision in Motor Carrier Transportation Contracts.
398-F - Children's Non-Regulated Camp.
399 - Cigarette Package Labeling.
399-A - Pay Toilets; Prohibition.
399-AA - Prohibition of the Selling of Fur, Hair, Skin or Flesh of a Dog or Cat.
399-AAA - Selling and Manufacturing of Fur-Bearing Articles of Clothing.
399-AAAA - Menstrual Product Labeling.
399-AAAAA - Selling of Animal Tested Cosmetics.
399-B - Contracts for the Use of the Streets for Hack Stands.
399-BB - Certain Dry Cleaning Institutions; Option for Six Months Donation of Articles of Clothing.
399-BBB - Solicitations by Container; Disclosures.
399-C - Mandatory Arbitration Clauses in Certain Consumer Contracts Prohibited.
399-CC - Wireless Telephone Numbers.
399-CC*2 - Transcripts and Stenographic Services.
399-CCC - Smoke Detecting Devices.
399-CCCC - Wireless Telephone Services; Domestic Violence Victims.
399-D - Children Attending Public Bowling Alleys Under Certain Conditions.
399-DD - Sale of Alcohol Vaporizing Devices Prohibited.
399-DD*2 - Construction or Installation of Playground or Playground Equipment.
399-DD*3 - Consumer Communications Records Privacy.
399-DDD - Cofidentiality of Social Security Account Number.
399-DDD*2 - Disclosure of Social Security Number.
399-EE - Zone Pricing of Gasoline Prohibited.
399-F - Laundromat Refund Procedures.
399-GG - Packaging of Electronic Liquid.
399-H - Disposal of Records Containing Personal Identifying Information.
399-HH - Sale of Whipped Cream Chargers.
399-I - Prohibit the Sale of Unsafe Cribs and Restrict Use of Such Cribs in Certain Settings.
399-II - Furniture Tip Restraint Device.
399-II*2 - Prohibit the Sale of Crib Bumper Pads and Restrict Use of Such Pads in Certain Settings.
399-J - Safety Standards; Movable Soccer Goals.
399-M - Disclosures in Advertisement and Sale of Unassembled Goods.
399-N - Approval of Electrical Devices.
399-NN - Sale of Digital Electronic Equipment; Diagnostic and Repair Information.
399-O - Selling Prices and Container Deposits.
399-OO - Deceptive Solicitation of Vehicle Warranty Policies.
399-PP - Telemarketing and Consumer Fraud and Abuse Prevention Act.
399-Q - Use of Carts, Cases, Trays, Baskets, Boxes and Other Containers.
399-QQ - Sale or Promotional Distribution of Utility Knives, Box Cutters, or Box Cart Cutters.
399-R - Sale of Paint Pellet Guns.
399-S - Posting of Notice When Air Rifles or Guns Are Sold.
399-T*2 - Vending Machine Disclosure.
399-V - Parking Facilities; Towing of Vehicles, Posting of Notices.
399-W*2 - Notice Requirements for Renters of Personal Property.
399-XX - Towing of Motor Vehicles; Credit Cards; Statewide.
399-Y - Child Safety Devices for Hot Water Dispensers.
399-Y*2 - Automated Teller Machine Fee Disclosure.
399-Y-1 - Automated Teller Machines Transaction Denial; Fees Prohibited.
399-YY - Cable Television Company Providing Telephone Services.
399-YYY - Satellite Television Company Providing Television And/or Telephone Services.
399-Z-1 - Telecommunication Companies Blocking Certain Numbers.
399-Z-1*2 - Stir/shaken Authentication Framework.
399-ZZZ - Prohibition of Certain Fee Charges.
399-ZZZZ - Prohibition of Certain Fee Charges for Termination or Early Cancellation.