March 3, 2005, Introduced by Senator CROPSEY and referred to the Committee on Judiciary.
A bill to require online dating services to conduct criminal
background checks or to provide certain notices; and to provide
remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Criminal background check" means a search of a person's
felony and sexual offense convictions by 1 of the following means:
(i) Through any criminal history record systems available to
the public and maintained by each of the 50 states and the District
of Columbia.
(ii) Through a private vendor whose database contains more than
170,000,000 criminal records that are otherwise available to the
public, has substantially national coverage, is updated at least
once every 90 days, and is operated and maintained in the United
States.
(b) "Member" means an individual who is either a member or who
submits a profile or other information for the purpose of dating,
matrimonial, or social referral services to an online dating
service provider.
(c) "Online dating service provider" or "provider" means a
person or organization engaged, directly or indirectly, in the
business of offering, promoting, or providing access to dating,
relationship, compatibility, matrimonial, or social referral
services primarily through the internet.
Sec. 2. An online dating service provider that provides
services to residents of this state shall do 1 of the following:
(a) Disclose prominently on the provider's home page, not more
than 3 inches from the top of the website, that the online dating
service provider has not conducted criminal background checks on
persons using its service. The disclosure shall state the
following:
"WARNING: [NAME OF PROVIDER] HAS NOT CONDUCTED FELONY OR
SEXUAL OFFENSE BACKGROUND CHECKS ON ITS MEMBERS.".
(b) If the provider conducts criminal background checks as
described in section 1(a)(i), display prominently on the provider's
home page, not more than 3 inches from the top of the website, a
disclosure that states the following:
"WARNING: BASED SOLELY ON THE NAME PROVIDED BY THE MEMBER,
[NAME OF PROVIDER] HAS CONDUCTED A CRIMINAL BACKGROUND CHECK
THROUGH CRIMINAL HISTORY RECORD SYSTEMS AVAILABLE TO THE
PUBLIC AND MAINTAINED BY EACH OF THE 50 STATES AND THE
DISTRICT OF COLUMBIA.".
(c) If the provider conducts criminal background checks as
described in section 1(a)(ii), display prominently on the provider's
home page, not more than 3 inches from the top of the website, a
disclosure that states the following:
"WARNING: BASED SOLELY ON THE NAME PROVIDED BY THE MEMBER,
[NAME OF PROVIDER] HAS CONDUCTED A CRIMINAL BACKGROUND CHECK
THROUGH A PRIVATE VENDOR WHOSE RECORDS MAY NOT INCLUDE ALL
CONVICTIONS FROM ALL JURISDICTIONS. CONTACT [NAME OF PROVIDER]
FOR INFORMATION REGARDING WHICH JURISDICTIONS ARE INCLUDED.".
Sec. 3. (1) Subject to the requirements of this act, an online
dating service provider shall establish a policy on what actions
the provider will initiate as a result of information obtained
through a criminal background check.
(2) A copy of the policy established under subsection (1)
shall be made available to each person that applies for membership
with the provider.
(3) Before a person is accepted for membership with the
provider, the person shall be required to acknowledge that they
have had an opportunity to review the policy established under
subsection (1).
(4) The provider's home page shall contain a link that will
allow a person to review the policy established under subsection
(1). An online dating service provider shall update the criminal
background check for each member at least once every 90 days.
Sec. 4. (1) A person that violates this act is guilty of a
misdemeanor punishable by a fine of $250.00 for each day that the
person is in violation of this act. It is a separate violation
under this subsection for each person the provider fails to provide
a notice as required under this act.
(2) A civil action may be brought by the attorney general or
by a person that suffers damages as a result of a violation of this
act. In an action brought under this subsection, the attorney
general or a person may recover actual costs, actual and reasonable
attorney fees, and the lesser of the following:
(a) Actual damages.
(b) $500,000.00.
Sec. 5. A provider does not violate this act as a result of
being an intermediary between the sender and recipient in the
transmission of a message that violates this act.
Enacting section 1. This act takes effect July 1, 2005.