IMBRA question

[bigstew33]

I was checking out this site (http://www.latinwomensite.com).  Created a profile.  I started receiving emails from some women.  But to read and send emails they charge you a lot of money for each.  So I bought 2 credits.  $15.  I read the girls email and sent one back.  In the email I put my email address.  She replies to my email saying my email address wasn't in the email.  So I read the FAQ section.  Here is what it said. 

 Why has my e-mail address been erased from my letter to the lady?

Please be informed that we work in compliance with International Marriage Broker Regulation Act of 2005 (IMBRA), H.R. 3402, Public Law No. 109-162, Title VIII, Subtitle D. According to this law it’s forbidden to render such information as e-mail addresses and phone numbers on the dating websites. That’s why this data is edited out of each letter of correspondence between you and the lady. However, you can exchange your postal addresses with the lady and also obtain her any contact information by phone (through our Phone Translation Service).

Is this right?  They didn't provide me with any contact information for the lady.  I am actually sending the woman my contact information. 

[Dan]

I was checking out this site (http://www.latinwomensite.com).  Created a profile.  I started receiving emails from some women.  But to read and send emails they charge you a lot of money for each.  So I bought 2 credits.  $15.  I read the girls email and sent one back.  In the email I put my email address.  She replies to my email saying my email address wasn't in the email.  So I read the FAQ section.  Here is what it said. 

 Why has my e-mail address been erased from my letter to the lady?

Please be informed that we work in compliance with International Marriage Broker Regulation Act of 2005 (IMBRA), H.R. 3402, Public Law No. 109-162, Title VIII, Subtitle D. According to this law it’s forbidden to render such information as e-mail addresses and phone numbers on the dating websites. That’s why this data is edited out of each letter of correspondence between you and the lady. However, you can exchange your postal addresses with the lady and also obtain her any contact information by phone (through our Phone Translation Service).

Is this right?  They didn't provide me with any contact information for the lady.  I am actually sending the woman my contact information. 

bigstew,

Here is the relevant excerpt from IMBRA:

(d) Regulation of International Marriage Brokers-

      (1) PROHIBITION ON MARKETING CHILDREN- An international marriage broker shall not provide any individual or entity with the personal contact information, photograph, or general information about the background or interests of any individual under the age of 18.

      (2) REQUIREMENTS OF INTERNATIONAL MARRIAGE BROKERS WITH RESPECT TO MANDATORY COLLECTION OF BACKGROUND INFORMATION-

            (A) IN GENERAL-

                  (i) SEARCH OF SEX OFFENDER PUBLIC REGISTRIES- Each international marriage broker shall search the National Sex Offender Public Registry or State sex offender public registry, as required under paragraph (3)(A)(i).

                  (ii) COLLECTION OF BACKGROUND INFORMATION- Each international marriage broker shall also collect the background information listed in subparagraph (B) about the United States client to whom the personal contact information of a foreign national client would be provided.

            (B) BACKGROUND INFORMATION- The international marriage broker shall collect a certification signed (in written, electronic, or other form) by the United States client accompanied by documentation or an attestation of the following background information about the United States client:

                  (i) Any temporary or permanent civil protection order or restraining order issued against the United States client.

                  (ii) Any Federal, State, or local arrest or conviction of the United States client for homicide, murder, manslaughter, assault, battery, domestic violence, rape, sexual assault, abusive sexual contact, sexual exploitation, incest, child abuse or neglect, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or stalking.

                  (iii) Any Federal, State, or local arrest or conviction of the United States client for--

                        (I) solely, principally, or incidentally engaging in prostitution;

                        (II) a direct or indirect attempt to procure prostitutes or persons for the purpose of prostitution; or

                        (III) receiving, in whole or in part, of the proceeds of prostitution.

                  (iv) Any Federal, State, or local arrest or conviction of the United States client for offenses related to controlled substances or alcohol.

                  (v) Marital history of the United States client, including whether the client is currently married, whether the client has previously been married and how many times, how previous marriages of the client were terminated and the date of termination, and whether the client has previously sponsored an alien to whom the client was engaged or married.

                  (vi) The ages of any of the United States client's children who are under the age of 18.

                  (vii) All States and countries in which the United States client has resided since the client was 18 years of age.

      (3) OBLIGATION OF INTERNATIONAL MARRIAGE BROKERS WITH RESPECT TO INFORMED CONSENT-

            (A) LIMITATION ON SHARING INFORMATION ABOUT FOREIGN NATIONAL CLIENTS- An international marriage broker shall not provide any United States client or representative with the personal contact information of any foreign national client unless and until the international marriage broker has--

                  (i) performed a search of the National Sex Offender Public Registry, or of the relevant State sex offender public registry for any State not yet participating in the National Sex Offender Public Registry in which the United States client has resided during the previous 20 years, for information regarding the United States client;

                  (ii) collected background information about the United States client required under paragraph (2);

                  (iii) provided to the foreign national client--

                        (I) in the foreign national client's primary language, a copy of any records retrieved from the search required under paragraph (2)(A)(i) or documentation confirming that such search retrieved no records;

                        (II) in the foreign national client's primary language, a copy of the background information collected by the international marriage broker under paragraph (2)(B); and

                        (III) in the foreign national client's primary language (or in English or other appropriate language if there is no translation available into the client's primary language), the pamphlet developed under subsection (a)(1); and

                  (iv) received from the foreign national client a signed, written consent, in the foreign national client's primary language, to release the foreign national client's personal contact information to the specific United States client.

            (B) CONFIDENTIALITY- In fulfilling the requirements of this paragraph, an international marriage broker shall disclose the relationship of the United States client to individuals who were issued a protection order or restraining order as described in clause (i) of paragraph (2)(B), or of any other victims of crimes as described in clauses (ii) through (iv) of such paragraph, but shall not disclose the name or location information of such individuals.

            (C) PENALTY FOR MISUSE OF INFORMATION- A person who knowingly discloses, uses, or causes to be used any information obtained by an international marriage broker as a result of the obligations imposed on it under paragraph (2) and this paragraph for any purpose other than the disclosures required under this paragraph shall be fined in accordance with title 18, United States Code, or imprisoned not more than 1 year, or both. These penalties are in addition to any other civil or criminal liability under Federal or State law which a person may be subject to for the misuse of that information, including to threaten, intimidate, or harass any individual. Nothing in this section shall prevent the disclosure of such information to law enforcement or pursuant to a court order.

      (4) LIMITATION ON DISCLOSURE- An international marriage broker shall not provide the personal contact information of any foreign national client to any person or entity other than a United States client. Such information shall not be disclosed to potential United States clients or individuals who are being recruited to be United States clients or representatives.

      (5) PENALTIES-

            (A) FEDERAL CIVIL PENALTY-

                  (i) VIOLATION- An international marriage broker that violates (or attempts to violate) paragraph (1), (2), (3), or (4) is subject to a civil penalty of not less than $5,000 and not more than $25,000 for each such violation.

                  (ii) PROCEDURES FOR IMPOSITION OF PENALTY- A penalty may be imposed under clause (i) by the Attorney General only after notice and an opportunity for an agency hearing on the record in accordance with subchapter II of chapter 5 of title 5, United States Code (popularly known as the Administrative Procedure Act).

            (B) FEDERAL CRIMINAL PENALTY- In circumstances in or affecting interstate or foreign commerce, an international marriage broker that, within the special maritime and territorial jurisdiction of the United States, violates (or attempts to violate) paragraph (1), (2), (3), or (4) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both.

            (C) ADDITIONAL REMEDIES- The penalties and remedies under this subsection are in addition to any other penalties or remedies available under law.

      (6) NONPREEMPTION- Nothing in this subsection shall preempt--

            (A) any State law that provides additional protections for aliens who are utilizing the services of an international marriage broker; or

            (B) any other or further right or remedy available under law to any party utilizing the services of an international marriage broker.

      (7) EFFECTIVE DATE-

            (A) IN GENERAL- Except as provided in subparagraph (B), this subsection shall take effect on the date that is 60 days after the date of the enactment of this Act.

            (B) ADDITIONAL TIME ALLOWED FOR INFORMATION PAMPHLET- The requirement for the distribution of the pamphlet developed under subsection (a)(1) shall not apply until 30 days after the date of its development and initial distribution under subsection (a)(6).

(e) Definitions- In this section:

      (1) CRIME OF VIOLENCE- The term `crime of violence' has the meaning given such term in section 16 of title 18, United States Code.

      (2) DOMESTIC VIOLENCE- The term `domestic violence' has the meaning given such term in section 3 of this Act.

      (3) FOREIGN NATIONAL CLIENT- The term `foreign national client' means a person who is not a United States citizen or national or an alien lawfully admitted to the United States for permanent residence and who utilizes the services of an international marriage broker. Such term includes an alien residing in the United States who is in the United States as a result of utilizing the services of an international marriage broker and any alien recruited by an international marriage broker or representative of such broker.

      (4) INTERNATIONAL MARRIAGE BROKER-

            (A) IN GENERAL- The term `international marriage broker' means a corporation, partnership, business, individual, or other legal entity, whether or not organized under any law of the United States, that charges fees for providing dating, matrimonial, matchmaking services, or social referrals between United States citizens or nationals or aliens lawfully admitted to the United States as permanent residents and foreign national clients by providing personal contact information or otherwise facilitating communication between individuals.

            (B) EXCEPTIONS- Such term does not include--

                  (i) a traditional matchmaking organization of a cultural or religious nature that operates on a nonprofit basis and otherwise operates in compliance with the laws of the countries in which it operates, including the laws of the United States; or

                  (ii) an entity that provides dating services if its principal business is not to provide international dating services between United States citizens or United States residents and foreign nationals and it charges comparable rates and offers comparable services to all individuals it serves regardless of the individual's gender or country of citizenship.

      (5) K NONIMMIGRANT VISA- The term `K nonimmigrant visa' means a nonimmigrant visa under clause (i) or (ii) of section 101(a)(15)(K) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)).

      (6) PERSONAL CONTACT INFORMATION-

            (A) IN GENERAL- The term `personal contact information' means information, or a forum to obtain such information, that would permit individuals to contact each other, including--

                  (i) the name or residential, postal, electronic mail, or instant message address of an individual;

                  (ii) the telephone, pager, cellphone, or fax number, or voice message mailbox of an individual; or

                  (iii) the provision of an opportunity for an in-person meeting.

            (B) EXCEPTION- Such term does not include a photograph or general information about the background or interests of a person.

      (7) REPRESENTATIVE- The term `representative' means, with respect to an international marriage broker, the person or entity acting on behalf of such broker. Such a representative may be a recruiter, agent, independent contractor, or other international marriage broker or other person conveying information about or to a United States client or foreign national client, whether or not the person or entity receives remuneration.

      (8 ) STATE- The term `State' includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.

      (9) UNITED STATES- The term `United States', when used in a geographic sense, includes all the States.

      (10) UNITED STATES CLIENT- The term `United States client' means a United States citizen or other individual who resides in the United States and who utilizes the services of an international marriage broker, if a payment is made or a debt is incurred to utilize such services.

You can find the entire act in the left frame at this link -- http://www.planet-love.com/index.php?pid=10.

The long and the short of it is - yes, they acted largely in accord with IMBRA. My read of the legislation suggests that they are NOT abiding by the law if they allow you and the lady to exchange contact information through their telephone translation service - unless and until you have provided all the necessary background information to the agency, and the agency has an explicit acknowledgment/release from the lady.

Note that I am not an attorney. Perhaps William or Gary will jump in and offer their more learned perspectives.

- Dan

[Researcher]

         Big Stew,
             This is correct. My wife and I had our interview back in September and they only asked how we met and the name of the agency. They wrote it down but I don't know if they even check any info out. From what I have read and heard they are still trying to figure out how to enforce it. If I were you I would make sure the agency followed the rules and would get some type of proof that they did, if possible.Who knows how this is going to end up.

[Dan]

         Big Stew,
             This is correct. My wife and I had our interview back in September and they only asked how we met and the name of the agency. They wrote it down but I don't know if they even check any info out. From what I have read and heard they are still trying to figure out how to enforce it. If I were you I would make sure the agency followed the rules and would get some type of proof that they did, if possible.Who knows how this is going to end up.

You may note in the original act, there was a requirement that GAO provide a report to Congress. GAO contacted me a year ago and asked for an interview, which I provided. Months later, they produced the report - and ignored my input (no surprise there).

Anyway - the GAO report on IMBRA issued earlier this year, which addresses enforcement, is attached.

FYI

- Dan

[michaelb]

I'm not an attorney either, but it strikes me as just a little strange that they say "Oh, you can't tell her you email address in our written service, the one you've already paid a fist full of dollars for, it's the LAW, don-cha-no. But, for a few dollars more, we'll let you tell her in our telephone service."

Only difference I see between the two methods is that they've already GOT your money for method one and they hope to get MORE of your money with method two. 

[Dan]

I'm not an attorney either, but it strikes me as just a little strange that they say "Oh, you can't tell her you email address in our written service, the one you've already paid a fist full of dollars for, it's the LAW, don-cha-no. But, for a few dollars more, we'll let you tell her in our telephone service."

Only difference I see between the two methods is that they've already GOT your money for method one and they hope to get MORE of your money with method two. 

One of the things I told GAO in the interview was that IMBRA was, in fact, a license for corrupt agencies to steal from western men. Reason being, they now have a regulatory excuse for remaining in the communication loop - all the while, raking in some additional fees.

- Dan

[rpcv]

  But to read and send emails they charge you a lot of money for each.  So I bought 2 credits.  $15.  I read the girls email and sent one back.  In the email I put my email address.  She replies to my email saying my email address wasn't in the email.  So I read the FAQ section.  Here is what it said. 

 Why has my e-mail address been erased from my letter to the lady?

Please be informed that we work in compliance with International Marriage Broker Regulation Act of 2005 (IMBRA), H.R. 3402, Public Law No. 109-162, Title VIII, Subtitle D. According to this law it’s forbidden to render such information as e-mail addresses and phone numbers on the dating websites. That’s why this data is edited out of each letter of correspondence between you and the lady. However, you can exchange your postal addresses with the lady and also obtain her any contact information by phone (through our Phone Translation Service).

This sounds similar to the set up at AFA Bigstew. I know on that site there are 2 options. 1) if the lady doesn't have a personal email address, you have to go thru AFA's email forwarding service. Basically they translate your letter and then inform the lady there is a letter waiting for her. If you try to put your personal info in the letter (ex # address..) it will be deleted. If you arrange a phone call with the lady, and ask her for her# (u need to have AFA arrange the call), the AFA rep will tell her it is not allowed until she comes to the local office, sees your IMBRA form and signs some statement saying she saw it. Then both of you can exchange contact info.

2) The other way is if she has a personal email address. Then u can email her thru the AFA site and your letter gets forwarded to her email address. If she is interested, she can reply back to you using her personal email address. Curiously very few ladies have personal email accounts so AFA makes a bundle off the outrageous phone call service and opening and sending emails thru their site...