,,ii #aafth ,,congress #b;d ,session ,s4 #cdca ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #aj1 #bjbj,mr4 ,cassidy 7for himself1 ,mr4 ,durbin1 and ,mr4 ,perdue7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require online marketplaces to disclose certain verified 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 ,any online marketplace shall verify1 on an annual basis1 the identity of any high-volume third party seller on the online marketplace by requiring the high-volume third party seller to provide1 on at least an annual basis1 the following information3 7#a7 ,verified bank account information4 7#b7 ,a government-issued photo identification for an individual representing the high-volume third party seller4 7#c7 ,a government-issued record verifying the individual or business contact information4 7#d7 ,a business tax identification number4 7b7 ,information required 7#a7 ,in general ,any online marketplace shall require a high-volume third party seller on the online marketplace to provide1 and shall disclose to consumers in a conspicuous manner on the product listing or 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 business address of the seller2 7iii7 whether the seller engages in the manufacturing1 importing1 retail1 or reselling of consumer products2 and 7iv7 contact information for the seller1 including a phone number and working email address4 7,b7 ,contact information that allows for 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 7,c7 ,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 personal 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's email address4 7ii7 ,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 may 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's 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 three business days' notice to the high-volume third party seller4 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 as necessary with respect to collecting and verifying information under this section4 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 user of 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 owner of the online marketplace identifying information1 as described in subsection 7a71 that has been verified by the owner4 7#g7 ,verify ,the term verify means to confirm a marketplace seller's personal identifiable information by the use of an approved third party identity verification system that has the capability to confirm a seller's name1 email address1 physical address1 and phone number1 or through the use of a combination of two-factor authentication1 public records search1 and the presentation of a government-issued identification4 #c4 ,other authorities ,nothing in this ,act shall be construed to limit or otherwise affect any other ,federal authority1 rule1 regulation1 or standard that applies to consumer products1 including the provisions of section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7 as such provisions apply to an online marketplace4 #d4 ,effective date ,this ,act shall take effect #ahj days after the date of the enactment of this ,act4