New York General Business Code § 394-C

Limitations on certain contracts involving social referral services
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§ 394-c. Limitations on certain contracts involving social referral\nservices. 1. As used in this section, the following terms shall have the\nfollowing meanings:\n  (a) "social referral service" shall include any service for a fee\nproviding matching of members, by use of computer or any other means,\nfor the purpose of dating or general social contact.\n  (b) "ancillary services" shall refer to goods or services directly or\nindirectly related to or to be provided in connection with the social\nreferral service process, including but not limited to photography,\ngrooming, cosmetology, dating etiquette, dating counseling, or other\nservices.\n  (c) "online dating service" shall mean any social referral service\nwhere the services are offered primarily online, such as by means of an\ninternet website or a mobile application.\n  (d) "banned member" shall mean the member whose account or profile is\nthe subject of a fraud ban.\n  (e) "fraud ban" shall mean when a member's account or profile is\nbarred from an online dating service because, in the judgment of the\nservice, the member was found to use or is substantially likely to be\nusing a false identity, or poses a significant risk of attempting to\nobtain money from other members through fraudulent means.\n  (f) "New York member" shall mean a person who provides a New York\nresidential or billing address or zip code or is in New York when\nregistering with the online dating service.\n  (g) "personally identifying information" shall mean any representation\nof information that permits the identity of an individual to whom the\ninformation applies to be reasonably inferred by either direct or\nindirect means which shall include, but shall not be limited to, a\nperson's full name, home address, telephone number, geographic location,\nemail address, social security number, or a combination of\nnon-personally identifying information which, when put together, can\npermit the identification of the person. The first name, last name, and\nimage of an individual, where voluntarily provided to an online dating\nservice with the knowledge that it will be communicated to individuals\non the service's platform other than the individual providing it, shall\nnot be considered personally identifying information when disclosed in\nconnection with a fraud ban.\n  2. No contract for social referral service shall require payment by\nthe purchaser of such service of a cash price in excess of one thousand\ndollars. Services to be rendered to the purchaser under the contract may\nextend over a period not to exceed two years from the date the contract\nis entered into. This subdivision shall not apply to an online dating\nservice contract where the initial term is one year or less and any\nsubsequent terms are one year or less where payment in excess of the\namount provided under this subdivision is reasonable in light of the\nservice's offerings.\n  2-a. No social referral service provider shall require the purchase of\nan ancillary service by a purchaser of a social referral service as a\ncondition of entering into a social referral service contract with such\nprovider.\n  3. Every contract for social referral service which requires payment\nby the purchaser of such service of a total amount in excess of\ntwenty-five dollars shall provide that the seller of such service must\nfurnish to the purchaser a specified certain number of social referrals\nper month.  This subdivision shall not apply to an online dating service\nwhere the user can use a search functionality or is presented with\npossible matches.\n  4. Every contract for social referral service which requires payment\nby the purchaser of such service of a total amount in excess of\ntwenty-five dollars shall provide that in the event that the seller of\nsuch service does not furnish to the purchaser the specified certain\nnumber of social referrals, or in case of an online dating service with\nsearch functionality or algorithm or location ba

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