,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ggef ,,in ,,the ,,house ,,of ,,representatives ,july #bc1 #bjbj ,ms4 ,schakowsky 7for herself and ,ms4 ,castor of ,florida7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to require online marketplaces to verify and disclose certain information regarding high-volume third-party sellers of consumer products to inform consumers4 #a4 ,short title ,this ,act may be cited as the ,integrity1 ,notification1 and ,fairness in ,online ,retail ,marketplaces for ,consumers ,act or the ,,inform ,consumers ,act4 #b4 ,disclosure of information by online marketplaces to inform consumers 7a7 ,verification required 7#a7 ,in general ,any online marketplace shall require that any high-volume third-party seller on the online marketplace provide the online marketplace with the following information within #bd hours of becoming a high-volume third-party seller3 7,a7 ,bank account information1 the accuracy of which has been confirmed directly by the online marketplace or by a payment processor or other third-party contracted by the online marketplace1 or1 if the high-volume third-party seller does not have a bank account1 the name of the payee for payments issued by the online marketplace to the high-volume third-party seller4 ,such bank account or payee information may be provided by the seller either-- 7i7 to the online marketplace2 or 7ii7 to a payment processor or other third-party contracted by the online marketplace to maintain such information1 provided that the online marketplace may obtain such information on demand from such payment processor or other third-party4 7,b7 ,contact information1 including-- 7i7 if the high-volume third-party seller is an individual1 a copy of a government-issued photo identification for the individual that includes the individual's name and physical address2 or 7ii7 if the high-volume third-party seller is not an individual1 either-- 7,i7 a copy of a government-issued photo identification for an individual acting on behalf of the high-volume third-party seller that includes the individual's name and physical address2 or 7,,ii7 a copy of a government-issued record or tax document that includes the business name and physical address of the high-volume third-party seller2 and 7iii7 a working email address and working phone number for the high-volume third-party seller4 7,c7 ,a business tax identification number or1 if the high-volume third-party seller does not have a business tax identification number1 a taxpayer identification number4 7,d7 ,whether the high-volume third-party seller is exclusively advertising or offering the consumer product or products on the online marketplace1 or if the high-volume third-party seller is currently advertising or offering for sale the same consumer product or products on any other internet websites other than the online marketplace4 7#b7 ,ongoing verification 7,a7 ,the online marketplace shall verify the information provided in paragraph 7#a7 within #c days1 and shall verify within #c days any changes to such information that is provided to the marketplace by a high-volume third-party seller4 ,if a high-volume third-party seller provides a copy of a valid government-issued tax document1 information contained within such tax document shall be presumed to be verified as of the date of issuance of such record or document4 7,b7 ,the online marketplace shall1 on at least an annual basis1 notify each high-volume third-party seller on the online marketplace that the seller must inform the online marketplace of any changes to the information provided by the seller pursuant to paragraph 7#a7 within #c days of receiving the notification and shall instruct each high-volume third-party seller1 as part of the notification1 to electronically certify either that the seller's information is unchanged or that the seller is providing changes to the information4 ,if the online marketplace becomes aware that a high-volume third-party seller has neither certified that the seller's information is unchanged nor has not provided such changed information within #c days of receiving such notification1 the online marketplace shall suspend the high-volume third-party seller's participation on the marketplace until the seller has either certified that the seller's information is unchanged or has provided such changed information and the information has been verified4 7b7 ,disclosure required 7#a7 ,in general ,any online marketplace shall require a high-volume third-party seller in such online marketplace to provide1 and shall disclose to consumers in a conspicuous manner either on the product listing or1 for information other than the seller's full name1 through a conspicuously placed link on the product listing1 the following information3 7,a7 ,subject to paragraph 7#b71 the identity of the high-volume third-party seller which shall include-- 7i7 the full name of the seller2 7ii7 the full physical address of the seller2 7iii7 whether the seller also engages in the manufacturing1 importing1 or reselling of consumer products2 and 7iv7 contact information for the seller1 including a working phone number and working email address4 ,such working email address may be provided to the high-volume third-party seller by the online marketplace4 7,b7 ,any other information that the ,commission determines to be necessary to address circumvention or evasion of the requirements of this paragraph1 provided that the additional information is limited to what is necessary to address such circumvention or evasion4 7#b7 ,exception 7,a7 ,in general ,subject to subparagraph 7,b71 upon the request of a high-volume third-party seller1 an online marketplace may provide for partial disclosure of the identity information required under paragraph 7#a77;,a7 in the following situations3 7i7 ,if the high-volume third-party seller demonstrates to the online marketplace that the seller does not have a business address and only has a residential street address1 the online marketplace may direct the high-volume third-party seller to disclose only the country and1 if applicable1 the ,state in which the high-volume third-party seller resides on the product listing1 and may inform consumers that there is no business address available for the seller and that consumer inquiries should be submitted to the seller by phone or email4 7ii7 ,if the high-volume third-party seller demonstrates to the online marketplace that the seller is a business that has a physical address for product returns1 the online marketplace may direct the high-volume third-party seller to disclose the seller's physical address for product returns4 7iii7 ,if a high-volume third-party seller demonstrates to the online marketplace that the seller does not have a phone number other than a personal phone number1 the online marketplace shall inform consumers that there is no phone number available for the seller and that consumer inquiries should be submitted to the seller's email address4 7,b7 ,limitation on exception ,if an online marketplace becomes aware that a high-volume third-party seller has made a false representation to the online marketplace in order to justify the provision of a partial disclosure under subparagraph 7,a7 or that a high-volume third-party seller who has requested and received a provision for a partial disclosure under subparagraph 7,a7 has not provided responsive answers within a reasonable timeframe to consumer inquiries submitted to the seller by phone or email address1 the online marketplace shall withdraw its provision for partial disclosure and require the full disclosure of the high-volume third-party seller's identity information required under paragraph 7#a77;,a7 upon #c business days' notice to the high-volume third-party seller4 7#c7 ,reporting mechanism ,an online marketplace shall disclose to consumers1 in a conspicuous manner on the product listing of any high-volume third-party seller1 a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace and a message encouraging individuals seeking goods for purchase to report suspicious activity to the online marketplace4 7c7 ,fulfillment or shipment by different party than seller ,in addition to the requirements of subsection 7b71 an online marketplace that warehouses1 distributes1 or otherwise fulfills a consumer product order shall disclose to the consumer the identification of any high-volume third-party seller supplying the consumer product if different than the seller listed on the product listing page4 7d7 ,enforcement 7#a7 ,unfair and deceptive acts or practices ,a violation of subsection 7a71 7b71 or 7c7 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of the commission 7,a7 ,in general ,the ,commission shall enforce this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7,b7 ,privileges and immunities ,any person that violates subsection 7a71 7b71 or 7c7 shall be subject to the penalties1 and entitled to the privileges and immunities1 provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#c7 ,regulations ,the ,federal ,trade ,commission may promulgate regulations under section #eec of title #e1 ,united ,states ,code1 with respect to collecting and verifying information under this section1 provided that such regulations are limited to what is necessary to collect and verify such information4 7#d7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7e7 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,consumer product ,the term consumer product means any tangible personal property which is distributed in commerce and which is normally used for personal1 family1 or household purposes 7including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed74 7#c7 ,high-volume third-party seller ,the term high-volume third-party seller means a participant in an online marketplace who is a third-party seller and who1 in any continuous #ab-month period during the previous #bd months1 has entered into #bjj or more discrete sales or transactions of new or unused consumer products resulting in the accumulation of an aggregate total of #e1jjj or more in gross revenues4 7#d7 ,online marketplace ,the term online marketplace means any electronically based or accessed platform that-- 7,a7 includes features that allow for1 facilitate1 or enable third-party sellers to engage in the sale1 purchase1 payment1 storage1 shipping1 or delivery of a consumer product in the ,united ,states2 and 7,b7 hosts one or more third-party sellers4 7#e7 ,seller ,the term seller means a person who sells1 offers to sell1 or contracts to sell a consumer product through an online marketplace4 7#f7 third-party seller 7,a7 ,in general ,the term third-party seller means any seller1 independent of an operator1 facilitator1 or owner of an online marketplace1 who sells1 offers to sell1 or contracts to sell a consumer product in the ,united ,states through an online marketplace4 7,b7 ,exclusion ,the term third-party seller does not include a seller who-- 7i7 is a business entity that has made available to the general public the entity's name1 business address1 and working contact information2 7ii7 has an ongoing contractual relationship with the owner of the online marketplace to provide for the manufacture1 distribution1 wholesaling1 or fulfillment of shipments of consumer products2 and 7iii7 has provided to the online marketplace identifying information1 as described in subsection 7a71 that has been verified pursuant to that subsection4 7#g7 ,verify ,the term verify means to confirm information provided to an online marketplace pursuant to this section by the use of-- 7,a7 a third-party or proprietary identity verification system that has the capability to confirm a seller's name1 email address1 physical address1 and phone number2 or 7,b7 a combination of two-factor authentication1 public records search1 and the presentation of a government-issued identification4 #c4 ,effective date ,this ,act shall take effect #ahj days after the date of the enactment of this ,act4