PRINTER'S NO. 514
No. 484 Session of 2003
INTRODUCED BY GREENLEAF, TOMLINSON, LEMMOND, SCHWARTZ, RAFFERTY
AND COSTA, MARCH 13, 2003
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 13, 2003
AN ACT
1 Providing limitations on contracts for dating services and for
2 cancellation of dating services contracts; and prescribing
3 penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Dating
8 Services Contract Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Dating service." An organization that provides or offers to
14 provide to individuals, for a fee, dating, matrimonial or social
15 introduction or referral services by any of the following means:
16 (1) The distribution or exchange of names, telephone
17 numbers, addresses and statistics whether reciprocal or
18 unilateral, by mail, telephone or facsimile transmission.
1 (2) The display of photographs or videos.
2 (3) Personal introductions provided by the organization
3 at its place of business.
4 "Dating services contract." An agreement between a dating
5 service and a purchaser which contains all the services which
6 will be provided to the purchaser, together with all terms and
7 conditions incident to the provision of those services, and
8 which complies with all the requirements of this act.
9 "Purchaser." A natural person who enters into a dating
10 services contract.
11 "Referral." The communication of information, by a dating
12 service to a purchaser, regarding an individual which the
13 officers or agents of the dating service reasonably believe
14 meets the requirements of the purchaser, as specified in the
15 dating services contract.
16 Section 3. Dating services contracts.
17 (a) Content.--A dating services contract shall:
18 (1) Specify a fee negotiated between the dating service
19 and the purchaser for a list of services. Where the dating
20 service offers a range of services for a range of fees, or,
21 where the fee schedule varies depending upon the sex, age or
22 terms and conditions of the purchaser, this range of fees
23 shall be fully disclosed to the purchaser before the contract
24 is executed. There shall be no fee charged for the initial
25 interview.
26 (2) Extend for a period no longer than two years.
27 (3) Specify the number of personal introductions or
28 social referrals the purchaser will receive during a
29 particular period of time.
30 (4) Specify the distance which the purchaser is willing
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1 to travel to meet an individual referred by the dating
2 service. A referral of an individual residing at a distance
3 greater than the distance specified shall not be considered
4 to satisfy the contract between the parties.
5 (5) Specify the demographics of the dating service's
6 client base and the methods which the dating service uses to
7 screen prospective clients. Screening methods may include,
8 but are not limited to, criminal background checks.
9 (b) Sale or transfer.--A dating service shall not sell,
10 assign or otherwise transfer to a person, firm or corporation
11 information and material of a personal and private nature
12 acquired directly or indirectly from a purchaser, including, but
13 not limited to, answers to tests and questionnaires, photographs
14 and background information, unless the purchaser has given prior
15 written consent.
16 (c) Expiration.--At the expiration of a dating services
17 contract, whether through the passage of time or through
18 performance of the services contracted for by a purchaser, all
19 information and material of a personal or private nature
20 acquired directly or indirectly from the purchaser, including,
21 but not limited to, answers to tests and questionnaires,
22 photographs and background information, shall be returned by the
23 dating service to the purchaser by registered mail within 30
24 days unless the purchaser specifies otherwise in writing.
25 (d) Partial refunds.--If a dating service does not timely
26 furnish to a purchaser the specified number of referrals
27 required under the dating services contract, during the interval
28 agreed to by the parties, the purchaser shall have the option to
29 cancel the contract and to receive an apportioned refund,
30 depending on the date of breach and the services already
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1 rendered to the purchaser.
2 (e) Form.--A dating services contract shall be in writing. A
3 copy of the contract shall be provided to the purchaser at the
4 time the contract is signed. The contract shall:
5 (1) Be in the same language as that principally used in
6 the oral sales presentation.
7 (2) Show the date of the transaction.
8 (3) Contain the name and address of the dating service
9 and the purchaser.
10 (4) Comply with all the requirements of this act.
11 (5) Contain, in immediate proximity to the space
12 reserved in the contract for the signature of the purchaser
13 and in not less than ten-point boldface type, a statement in
14 substantially the following form:
15 You, the purchaser, may cancel this contract within
16 three business days after the date of this contract.
17 See the attached notice of cancellation form for an
18 explanation of this right.
19 Section 4. Cancellation by purchaser.
20 (a) Right to cancel.--In addition to any other right to
21 revoke an offer, a purchaser has the right to cancel a dating
22 services contract or offer until 12 midnight of the third
23 business day after the day on which the purchaser signs a
24 contract to purchase those services.
25 (b) Method.--
26 (1) Cancellation of a dating services contract shall
27 occur when the purchaser gives written notice of cancellation
28 by registered mail or telegram to the dating service at the
29 address specified in the contract, although notice of
30 cancellation need not take the particular form as provided in
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1 the contract and, however expressed, is effective if it
2 indicates the intention of the purchaser not to be bound by
3 the contract.
4 (2) The purchaser may notify the dating service of his
5 intent to cancel the contract within the three-day period
6 specified in this section and if so, the dating service shall
7 stop the processing of a credit card voucher or check by
8 telephone notification. This paragraph shall not be construed
9 as eliminating the duty of the purchaser to cancel the
10 contract by certified mail or telegram as required under this
11 section.
12 (c) Notice by mail.--Notice of cancellation, if given by
13 mail, is effective when deposited in the mail properly addressed
14 with postage prepaid.
15 (d) Refunds.--All moneys paid pursuant to a dating services
16 contract shall be refunded within ten days of receipt of the
17 notice of cancellation, except that payment shall be made for
18 any service covered by the contract and received by the
19 purchaser prior to the cancellation.
20 (e) Cancellation form.--At the time a purchaser signs a
21 dating services contract, a completed form in duplicate,
22 captioned "Notice of Cancellation" shall:
23 (1) Be attached to the contract and be easily
24 detachable.
25 (2) Contain in not less than ten-point boldface type the
26 following information and statements in the same language as
27 that used in the contract:
28 Notice of Cancellation
29 (Enter Date of Transaction)
30 You may cancel this contract, without any penalty or
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1 obligation, within three business days after the date
2 of this contract by mailing this signed and dated
3 notice of cancellation by certified or registered
4 United States mail to the seller at the address
5 specified in this contract. If you cancel, any
6 payments made by you under the contract will be
7 returned within ten business days following receipt
8 by the seller of your cancellation notice.
9 To cancel this transaction, mail by registered
10 United States mail a signed and dated copy of this
11 cancellation notice to (name of seller), at (address
12 of seller's place of business) not later than 12
13 midnight of (date).
14 I hereby cancel this transaction.
15 . . . . . . . .
16 (Date)
17 . . . . . . . . . . . .
18 (Buyer's Signature)
19 Section 5. Death, disability or relocation.
20 (a) Death or disability.-- A dating services contract shall
21 contain language providing that:
22 (1) If, by reason of death or disability, the purchaser
23 is unable to receive all services for which the purchaser has
24 contracted, the purchaser or the purchaser's estate may elect
25 to be relieved of the obligation to make payments for
26 services other than those received before death or the onset
27 of disability, except as provided in paragraph (2).
28 (2) If a physician determines that the duration of the
29 disability will be less than six months, the dating service
30 may extend the term of the contract for a period of six
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1 months at no additional charge to the purchaser, in lieu of
2 cancellation.
3 (b) Relocation.--If a purchaser relocates his primary
4 residence farther than 50 miles from the dating service office
5 and is unable to transfer the dating services contract to a
6 comparable facility, the purchaser may elect to be relieved of
7 the obligation to make payment for services other than those
8 received prior to that relocation. If the purchaser has prepaid
9 an amount for dating services, so much of the amount that is
10 allocable to services that the purchaser has not received shall
11 be promptly refunded. A purchaser who elects to be relieved of
12 further obligation under this subsection may be charged a
13 predetermined fee not to exceed $100 or, if more than half the
14 life of the contract has expired, a predetermined fee not to
15 exceed $50, which shall be specified in the contract.
16 (c) Definition.--As used in this section the term
17 "disability" means a condition which precludes a purchaser from
18 physically using the services specified in the contract during
19 the term of disability and the condition is verified in writing
20 by a physician designated and remunerated by the purchaser. The
21 written verification of the physician must be presented to the
22 dating service.
23 Section 6. Violations.
24 A violation of this act is a violation of the act of December
25 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices
26 and Consumer Protection Law, the provisions of which shall
27 apply.
28 Section 7. Applicability.
29 This act shall apply to any dating services contract entered
30 into on or after the effective date of this act.
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1 Section 8. Effective date.
2 This act shall take effect in 60 days.
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