Colo. Rev. Stat. § 6-1-731

Current through Chapters 1-226, 228, 230-290 of the 2022 Legislative Session
Section 6-1-731 - Contracts for dating services and online dating services - right of cancellation - remedy for violations - required notice regarding fraud bans - definitions
(1) As used in this section, unless the context otherwise requires:
(a) "Banned member" means a member whose account or profile is the subject of a fraud ban.
(b) "Buyer" means an individual who purchases services from a dating service.
(c)
(I) "Dating service" means any person that offers dating, matrimonial, or social referral services by any of the following means:
(A) An exchange of names, telephone numbers, addresses, and statistics;
(B) A photograph or video selection process;
(C) Personal introductions provided by the person at its place of business; or
(D) A social environment provided by the person intended primarily as an alternative to other singles' bars or club-type environments.
(II) "Dating service" includes an online dating service.
(d)
(I) "Dating service contract" means a contract between a buyer and a dating service.
(II) "Dating service contract" includes an online dating service contract.
(e) "Dating service office" means the principal place of business of a Dating service.
(f) "Disability" means a condition that precludes a buyer from physically using the services specified in a dating service contract during the term of disability, which condition is verified in writing by a physician designated and remunerated by the buyer.
(g) "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 money from other members through fraudulent means, by using a false identity, or by attempting to defraud other members of the online dating service.
(h) "Member" means an individual who signs up or registers with an online dating service.
(i) "Member in this state" means a member who provides a billing address or zip code in this state when registering with an online dating service.
(j) "Online dating service" means any person engaged in the business of offering dating, matrimonial, or social referral services that are offered primarily online, such as by means of a website or a mobile application.
(k) "Online dating service contract" means a contract between a buyer and an online dating service.
(2)
(a) In addition to any other right to revoke an offer, a buyer has the right to cancel a dating service contract until midnight of the third business day after the day on which the buyer signs the contract.
(b)
(I) Except as described in subsection (2)(b)(II) of this section, cancellation of a dating services contract occurs when the buyer gives written notice of cancellation by mail, telegram, or delivery to the dating service at the address specified in the contract or offer.
(II) In the case of an online dating service contract, cancellation occurs when the buyer gives written notice of cancellation by e-mail to an e-mail address provided by the online dating service or through another simple, cost-effective, timely, and easy-to-use mechanism for cancellation provided by the online dating service. Additional electronic means of cancellation may be provided by the contract.
(c) Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. If notice of cancellation is given by e-mail, it is effective at the time the buyer sends the notice.
(d) Notice of cancellation given by the buyer need not take the particular form as provided in the contract and, however expressed, is effective if it indicates the intention of the buyer to not be bound by the dating service contract.
(e) All money paid pursuant to any dating service contract shall be refunded within ten days after receipt of the notice of cancellation.
(f) The buyer may notify the dating service of the buyer's intent to cancel the contract within the three-day period specified in this subsection (2) and stop the processing of a credit card voucher or check by telephone notification to the dating service. However, this does not negate the obligation of the buyer to cancel the contract by mail, e-mail or other electronic means, telegram, or delivery as required pursuant to this section.
(3)
(a) A dating service contract must be set forth in writing, which, in the case of an online dating service contract, may be an electronic writing made available for viewing online. A copy of the contract shall be provided to the buyer at the time the buyer signs the contract; except that an online dating service shall not be required to provide a copy of the contract if:
(I) The contract is available through a direct online link that is provided in a clear and conspicuous manner on the website where the buyer provides consent to the contract; and
(II) Upon request by the buyer, the online dating service provides a retainable digital copy of the contract.
(b)
(I) Each dating service contract must contain on its face, in close proximity to the space reserved for the signature of the buyer, a conspicuous statement in a larger size type than the surrounding text; in contrasting type, font, or color to the surrounding text of the same size; or set off from the surrounding text of the same size by symbols or other marks in a manner that clearly calls attention to the language, as follows:

YOU, THE BUYER, MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS CONTRACT, EXCLUDING SUNDAYS AND HOLIDAYS. NOTICE OF CANCELLATION NEED NOT TAKE A PARTICULAR FORM AND IS EFFECTIVE IF IT INDICATES YOUR DESIRE TO NOT BE BOUND BY THIS CONTRACT. TO CANCEL THIS CONTRACT, MAIL OR DELIVER A SIGNED AND DATED NOTICE OR SEND A TELEGRAM THAT STATES THAT YOU, THE BUYER, ARE CANCELING THIS CONTRACT, OR WORDS OF SIMILAR EFFECT. SEND THIS NOTICE TO:

____________ (Name of the dating service that sold you the contract)

____________ (Address of the dating service that sold you the contract)

(II) Notwithstanding subsection (3)(b)(I) of this section, an online dating service contract must include the following statement in a clear and conspicuous manner in a standalone first paragraph of the contract:

YOU, THE BUYER, MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS CONTRACT, EXCLUDING SUNDAYS AND HOLIDAYS. NOTICE OF CANCELLATION NEED NOT TAKE A PARTICULAR FORM AND IS EFFECTIVE IF IT INDICATES YOUR DESIRE TO NOT BE BOUND BY THIS CONTRACT. TO CANCEL THIS CONTRACT, SEND AN E-MAIL THAT STATES THAT YOU, THE BUYER, ARE CANCELING THIS CONTRACT, OR WORDS OF SIMILAR EFFECT. SEND THIS NOTICE TO:

____________ (E-mail address of the online dating service that sold the contract)

(c)
(I) Each dating service contract must contain on the first page, in a type size no smaller than that generally used in the body of the document, the name and address of the dating service to which the notice of cancellation is to be mailed or delivered and the date the buyer signed the contract.
(II) Notwithstanding subsection (3)(c)(I) of this section, in the case of an online dating service contract, said subsection (3)(c)(I) does not apply if the name of the online dating service and the e-mail address or other simple, cost-effective, timely, and easy-to-use mechanism that can be used for cancellation appears in the first paragraph of the contract in a type size no smaller than that generally used in the body of the document.
(d)
(I) A dating service contract shall not require payments or financing by the buyer over a period exceeding two years after the date the contract is entered into, nor shall the term of any such contract be measured by the life of the buyer. However, the services to be rendered to the buyer under the contract may extend over a period beginning within six months and ending within three years after the date the contract is executed.
(II) Notwithstanding subsection (3)(d)(I) of this section, in the case of an online dating service contract, said subsection (3)(d)(I) does not apply if the length of the initial term is one year or less and the length of each subsequent term is one year or less.
(e) If a dating service contract does not comply with the requirements of this section, the buyer may cancel the contract at any time.
(4)
(a) Each dating service contract must contain language providing that:
(I) If by reason of death or disability the buyer is unable to receive all services for which the buyer has contracted, the buyer and the buyer's estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of Disability, except as provided in subsection (4)(a)(III) of this section, so long as the buyer or the buyer's estate provides written verification of the disability to the dating service.
(II) If the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer or the buyer's representative; and
(III) If the physician verifying the buyer's disability determines that the duration of the disability will be less than six months, the dating service may extend the term of the contract for a period of six months at no additional charge to the buyer in lieu of cancellation.
(b)
(I) If a dating service provides services within a limited geographical area, and a buyer relocates the buyer's primary residence more than fifty miles from the dating service office and is unable to transfer the contract to a comparable facility, the buyer may elect to be relieved of the obligation to make payment for services other than those received prior to the relocation, and if the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer. A buyer who elects to be relieved of further obligation pursuant to this subsection (4)(b)(I) may be charged a predetermined fee not to exceed one hundred dollars or, if more than half the life of the contract has expired, a predetermined fee not to exceed fifty dollars.
(II) Notwithstanding subsection (4)(b)(I) of this section, said subsection (4)(b)(I) does not apply to an online dating service that is generally available to users on a regional, national, or global basis.
(c) In addition to any other requirements, an online dating service shall also maintain:
(I) A reference or online link to dating safety awareness information that includes, at a minimum, a list or descriptions of safety measures reasonably intended to increase awareness of safe dating practices; and
(II) A means by which a member may report issues or concerns relating to the behavior of other members of the online dating service arising out of their use of the service.
(5)
(a) Any dating service contract that does not comply with this section is void and unenforceable.
(b) Any dating service contract that is entered into by a buyer in response to willfully fraudulent or misleading information or advertisements of the dating service is void and unenforceable.
(c) Notwithstanding the provisions of any dating service contract, in any case in which a contract price is payable in installments and the buyer is relieved from making further payments or entitled to a refund under this section, the buyer is entitled to receive a refund or refund credit of that portion of the cash price that is allocable to the services not actually received by the buyer. The refund of any finance charge shall be computed according to the "sum of the balance method", also known as the "Rule of 78".
(d) Any waiver by a buyer of the rights afforded to the buyer by this section is void and unenforceable.
(6)
(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 a banned Member. The notice must include all of the following:
(I) The username, identification number, or other profile identifier of the banned member;
(II) A statement that the banned member may have been using a false identity or may attempt to defraud other members;
(III) A statement that members should not send money or personal financial information to another member; and
(IV) An online link 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 (6)(a) of this section must be:
(I) Clear and conspicuous;
(II) Sent via e-mail, text message, or other appropriate means of communication consented to by the member; and
(III) 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, for damages resulting from:
(I) The means of communication used to notify a member;
(II) When notification is sent pursuant to this section; or
(III) Disclosing any of the following information:
(A) That a member has been banned;
(B) The username, identification number, or other profile identifier of the banned member; or
(C) The reason that the online dating service initiated the fraud ban of a banned member.
(d) This section does not create a private right of action or diminish or adversely affect the protections afforded in 47 U.S.C. sec. 230.

C.R.S. § 6-1-731

Added by 2021 Ch. 410,§ 1, eff. 1/1/2022.