PRINTER'S NO. 544
No. 535 Session of 1999
INTRODUCED BY GREENLEAF, KUKOVICH, COSTA, O'PAKE, SCHWARTZ,
STOUT AND TOMLINSON, MARCH 9, 1999
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 9, 1999
AN ACT
1 Providing limitations on contracts for dating services, for
2 cancellation of dating service contracts and for violations
3 of the act.
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 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." The written agreement between
5 the dating service and the purchaser which contains all the
6 services which will be provided to the purchaser, together with
7 all terms and conditions incident to the provision of those
8 services, and which complies with all the requirements of this
9 act.
10 "Purchaser." A natural person who enters into a dating
11 service contract.
12 "Referral." The communication of information, by a dating
13 service to a purchaser, regarding an individual which the
14 officers or agents of the dating service reasonably believe
15 meets the requirements of the purchaser, as specified in the
16 dating service contract.
17 Section 3. Dating service contracts.
18 (a) Content.--A contract for dating services shall:
19 (1) Specify a fee negotiated between the dating service
20 and the purchaser for a list of services. Where the dating
21 service offers a range of services for a range of fees, or,
22 where the fee schedule varies depending upon the sex, age or
23 terms and conditions of the purchaser, this range of fees
24 shall be fully disclosed to the purchaser before the contract
25 is executed. There shall be no fee charged for the initial
26 interview.
27 (2) Extend for a period no longer than two years.
28 (3) Specify the number of personal introductions or
29 social referrals the purchaser will receive during a
30 particular period of time.
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1 (4) Specify the distance which the purchaser is willing
2 to travel to meet an individual referred by the dating
3 service. A referral of an individual residing at a distance
4 greater than the distance specified shall not be considered
5 to satisfy the contract between the parties.
6 (5) Specify the demographics of the dating service's
7 client base and the methods which the dating service uses to
8 screen prospective clients. Screening methods may include,
9 but are not limited to, criminal background checks.
10 (b) Sale or transfer.--The dating service shall not sell,
11 assign or otherwise transfer to a person, firm or corporation
12 information and material of a personal and private nature
13 acquired directly or indirectly from a purchaser, including, but
14 not limited to, answers to tests and questionnaires, photographs
15 and background information, unless the purchaser has given prior
16 written consent.
17 (c) Expiration.--At the expiration of the contract, whether
18 through the passage of time or through performance of the
19 services contracted for by the purchaser, all information and
20 material of a personal or private nature acquired directly or
21 indirectly from a purchaser, including, but not limited to,
22 answers to tests and questionnaires, photographs and background
23 information, shall be returned by the dating service to the
24 purchaser by registered mail within 30 days unless the purchaser
25 specifies otherwise in writing.
26 (d) Partial refunds.--If the dating service does not timely
27 furnish to the purchaser the specified number of referrals
28 required under the contract, during the interval agreed to by
29 the parties, the purchaser shall have the option to cancel the
30 contract and to receive an apportioned refund, depending on the
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1 date of breach and the services already rendered to the
2 purchaser.
3 (e) Form.--A dating service contract shall be in writing. A
4 copy of the contract shall be provided to the purchaser at the
5 time he signs the contract. The contract shall:
6 (1) Be in the same language as that principally used in
7 the oral sales presentation.
8 (2) Show the date of the transaction.
9 (3) Contain the name and address of the dating service
10 and the purchaser.
11 (4) Comply with all the requirements of this act.
12 (5) Contain, in immediate proximity to the space
13 reserved in the contract for the signature of the purchaser
14 and in not less than ten-point boldface type, a statement in
15 substantially the following form:
16 You, the purchaser, may cancel this contract within
17 three business days after the date of this contract.
18 See the attached notice of cancellation form for an
19 explanation of this right.
20 Section 4. Cancellation by purchaser.
21 (a) Right to cancel.--In addition to any other right to
22 revoke an offer, the purchaser has the right to cancel a dating
23 service contract or offer until 12 midnight of the third
24 business day after the day on which the purchaser signs a
25 contract to purchase those services.
26 (b) Method.--Cancellation occurs when the purchaser gives
27 written notice of cancellation by registered mail or telegram to
28 the dating service at the address specified in the contract,
29 although notice of cancellation need not take the particular
30 form as provided in the contract and, however expressed, is
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1 effective if it indicates the intention of the purchaser not to
2 be bound by the contract. The purchaser may notify the dating
3 service of his intent to cancel the contract within the three-
4 day period specified in this section and stop the processing of
5 a credit card voucher or check by telephone notification.
6 However, this does not negate the obligation of the purchaser to
7 cancel the contract by certified mail or telegram as required
8 under this section.
9 (c) Notice by mail.--Notice of cancellation, if given by
10 mail, is effective when deposited in the mail properly addressed
11 with postage prepaid.
12 (d) Refunds.--All moneys paid pursuant to a contract for
13 dating services shall be refunded within ten days of receipt of
14 the notice of cancellation, except that payment shall be made
15 for any service covered by the contract and received by the
16 purchaser prior to the cancellation.
17 (e) Cancellation form.--At the time the purchaser signs the
18 contract, a completed form in duplicate, captioned "Notice of
19 Cancellation" shall:
20 (1) Be attached to the contract and be easily
21 detachable.
22 (2) Contain in not less than ten-point boldface type the
23 following information and statements in the same language as
24 that used in the contract:
25 Notice of Cancellation
26 (Enter Date of Transaction)
27 You may cancel this contract, without any penalty or
28 obligation, within three business days after the date
29 of this contract by mailing this signed and dated
30 notice of cancellation by certified or registered
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1 United States mail to the seller at the address
2 specified in this contract. If you cancel, any
3 payments made by you under the contract will be
4 returned within ten business days following receipt
5 by the seller of your cancellation notice.
6 To cancel this transaction, mail by registered
7 United States mail a signed and dated copy of this
8 cancellation notice to (name of seller), at (address
9 of seller's place of business) not later than 12
10 midnight of (date).
11 I hereby cancel this transaction.
12 . . . . . . . .
13 (Date)
14 . . . . . . . . . . . .
15 (Buyer's Signature)
16 Section 5. Death, disability or relocation.
17 (a) Death or disability.-- A dating service contract shall
18 contain language providing that:
19 (1) If by reason of death or disability, the purchaser
20 is unable to receive all services for which the purchaser has
21 contracted, the purchaser or the purchaser's estate may elect
22 to be relieved of the obligation to make payments for
23 services other than those received before death or the onset
24 of disability, except as provided in paragraph (2).
25 (2) If a physician determines that the duration of the
26 disability will be less than six months, the dating service
27 may extend the term of the contract for a period of six
28 months at no additional charge to the purchaser, in lieu of
29 cancellation.
30 (b) Relocation.--If the purchaser relocates his or her
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1 primary residence farther than 50 miles from the dating service
2 office and is unable to transfer the contract to a comparable
3 facility, the purchaser may elect to be relieved of the
4 obligation to make payment for services other than those
5 received prior to that relocation. If the purchaser has prepaid
6 an amount for dating services, so much of the amount that is
7 allocable to services that the purchaser has not received shall
8 be promptly refunded. A purchaser who elects to be relieved of
9 further obligation under this subsection may be charged a
10 predetermined fee not to exceed $100 or, if more than half the
11 life of the contract has expired, a predetermined fee not to
12 exceed $50, which shall be specified in the contract.
13 (c) Definition.--As used in this section the term
14 "disability" means a condition which precludes the purchaser
15 from physically using the services specified in the contract
16 during the term of disability and the condition is verified in
17 writing by a physician designated and remunerated by the
18 purchaser. The written verification of the physician shall be
19 presented to the dating service.
20 Section 6. Violations.
21 A violation of this act is a violation of the act of December
22 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices
23 and Consumer Protection Law, the provisions of which shall
24 apply.
25 Section 7. Applicability.
26 This act shall apply to dating service contracts entered into
27 on or after the effective date of this act.
28 Section 8. Effective date.
29 This act shall take effect in 60 days.
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