Background checks split online dating industry

"You're not going to rely on what you learn from the online profile anyway," said Vercelloni, who's in her late 20s. "Dating in New York City is just as hard as trying to get a job or an apartment. You have to take a risk."

The New Jersey law, similar to ones considered in other states, will require online dating services to notify their customers in the state whether criminal background screenings have been conducted.

If a dating service doesn't perform such screenings, it must acknowledge that in large capital letters in every electronic communication with members from New Jersey, who would be identified by zip codes they provide when registering. Details of the notification rules are still being worked out.

Services that do conduct screenings must disclose that fact and say whether they allow people with criminal convictions to use the site. Those services also must note that background checks are not foolproof, but that disclaimer doesn't have to be displayed as prominently as the disclosure by companies that don't do screenings.

Critics say the type of screening envisioned by the law — checking for a particular name in databases of criminal convictions — has inherent flaws: users could give fake names, and many dangerous people may not be in the databases. Methods used in more probing background checks — such as fingerprint scans and research into employment records and Social Security numbers — are not required by the law.

More broadly, some worry that New Jersey's action will push other states to regulate the online dating industry, creating a hodgepodge of laws that will drive up operating costs and force some companies out of business. Some in the industry say they'd prefer federal legislation addressing background checks, rather than a patchwork of state laws.

Huge sums are at stake. Projections by Jupiter Research, an Internet consultancy, suggest the online dating market now totals $700 million or more, and Online Dating Magazine estimates that more than 20 million people visit online dating services each month.

A relative newcomer — founded in 2003 — Dallas-based True.com has drawn attention with racy ads as well as background screenings. Avowedly for singles only — not straying spouses — it claims to be the only dating service that checks on marital status as well as criminal convictions.

"We can't guarantee that criminals can't get on our site, but we can guarantee that they'll be sorry they did," the site declares. "We report violators to appropriate federal, state and local authorities, including parole boards."

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