,,ib ,union ,calendar ,no4 #cii #aagth ,,congress #b;d ,session ,h4 ,r4 #eejb ,report ,no4 #aag-eee ,,in ,,the ,,house ,,of ,,representatives ,october #e1 #bjba,ms4 ,schakowsky 7for herself and ,mr4 ,bilirakis7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,november #ad1 #bjbb;,additional sponsors3 ,ms4 ,castor of ,florida1 ,mr4 ,crdenas1 ,miss ,rice of ,new ,york1 ,mr4 ,hudson1 ,mr4 ,banks1 ,mr4 ,fitzpatrick1 ,mr4 ,phillips1 ,mr4 ,doggett1 ,ms4 ,eshoo1 ,mr4 ,burgess1 ,mr4 ,pence1 ,mr4 ,ferguson1 ,mr4 ,rush1 ,mr4 ,mc,nerney1 ,mr4 ,soto1 ,mr4 ,carter of ,georgia1 ,mr4 ,timmons1 ,mr4 ,mc,kinley1 ,mrs4 ,mc,bath1 ,mrs4 ,miller-,meeks1 ,mr4 ,panetta1 ,mrs4 ,steel1 ,ms4 ,snchez1 ,mr4 ,david ,scott of ,georgia1 ,ms4 ,foxx1 ,mr4 ,guest1 ,mrs4 ,dingell1 ,mr4 ,krishnamoorthi1 ,mrs4 ,kim of ,california1 ,ms4 ,tenney1 ,ms4 ,bass1 ,mr4 ,steube1 ,ms4 ,blunt ,rochester1 ,mr4 ,comer1 ,mr4 ,jones1 ,mr4 ,steil1 ,mr4 ,allred1 ,mr4 ,levin of ,michigan1 ,mr4 ,wenstrup1 ,mr4 ,allen1 ,ms4 ,bonamici1 ,mr4 ,sherman1 ,mr4 ,rutherford1 ,mr4 ,garbarino1 ,mr4 ,mrvan1 ,mr4 ,evans1 ,mrs4 ,walorski1 ,mr4 ,dunn1 ,mr4 ,o',halleran1 ,mr4 ,armstrong1 ,mr4 ,harder of ,california1 ,mr4 ,moore of ,utah1 ,ms4 ,lofgren1 ,mrs4 ,cammack1 ,ms4 ,houlahan1 ,mr4 ,aguilar1 ,mr4 ,meijer1 ,mr4 ,la,turner1 ,mr4 ,thompson of ,california1 ,mr4 ,valadao1 ,ms4 ,wild1 ,mr4 ,gottheimer1 ,mr4 ,trone1 ,ms4 ,bourdeaux1 ,mr4 ,morelle1 ,mr4 ,huffman1 ,mr4 ,stauber1 and ,mr4 ,finstad ,november #ad1 #bjbb,reported from the ,committee on ,energy and ,commerce2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to require online marketplaces to verify certain information regarding high-volume third party sellers of consumer products on such online marketplaces and to disclose to consumers certain contact and other information regarding such high-volume third party sellers4 #a4 ,collection1 verification1 and disclosure of information by online marketplaces to inform consumers 7a7 ,collection and verification of information 7#a7 ,collection 7,a7 ,in general ,an online marketplace shall require any high-volume third party seller on such online marketplace's platform to provide1 not later than #aj days after qualifying as a high-volume third party seller on the platform1 the following information to the online marketplace3 7i7 ,bank account 7,i7 ,in general ,a bank account number1 or1 if such seller does not have a bank account1 the name of the payee for payments issued by the online marketplace to such seller4 7,,ii7 ,provision of information ,the bank account or payee information required under subclause 7,i7 may be provided by the seller in the following ways3 7aa7 ,to the online marketplace4 7bb7 ,to a payment processor or other third party contracted by the online marketplace to maintain such information1 provided that the online marketplace ensures that it can obtain such information on demand from such payment processor or other third party4 7ii7 ,contact information ,contact information for such seller as follows3 7,i7 ,with respect to a high-volume third party seller that is an individual1 the individual's name4 7,,ii7 ,with respect to a high-volume third party seller that is not an individual1 one of the following forms of contact information3 7aa7 ,a copy of a valid government-issued identification for an individual acting on behalf of such seller that includes the individual's name4 7bb7 ,a copy of a valid government-issued record or tax document that includes the business name and physical address of such seller4 7iii7 ,tax ,,id ,a business tax identification number1 or1 if such seller does not have a business tax identification number1 a taxpayer identification number4 7iv7 ,working email and phone number ,a current working email address and phone number for such seller4 7,b7 ,notification of change2 annual certification ,an online marketplace shall-- 7i7 periodically1 but not less than annually1 notify any high-volume third party seller on such online marketplace's platform of the requirement to keep any information collected under subparagraph 7,a7 current2 and 7ii7 require any high-volume third party seller on such online marketplace's platform to1 not later than #aj days after receiving the notice under clause 7i71 electronically certify that-- 7,i7 the seller has provided any changes to such information to the online marketplace1 if any such changes have occurred2 7,,ii7 there have been no changes to such seller's information2 or 7,,iii7 such seller has provided any changes to such information to the online marketplace4 7,c7 ,suspension ,in the event that a high-volume third party seller does not provide the information or certification required under this paragraph1 the online marketplace shall1 after providing the seller with written or electronic notice and an opportunity to provide such information or certification not later than #aj days after the issuance of such notice1 suspend any future sales activity of such seller until such seller provides such information or certification4 7#b7 ,verification 7,a7 ,in general ,an online marketplace shall-- 7i7 verify the information collected under paragraph 7#a77;,a7 not later than #aj days after such collection2 and 7ii7 verify any change to such information not later than #aj days after being notified of such change by a high-volume third party seller under paragraph 7#a77;,b74 7,b7 ,presumption of verification ,in the case of a high-volume third party seller that provides a copy of a valid government-issued tax document1 any information contained in such document shall be presumed to be verified as of the date of issuance of such document4 7#c7 ,data use limitation ,data collected solely to comply with the requirements of this section may not be used for any other purpose unless required by law4 7#d7 ,data security requirement ,an online marketplace shall implement and maintain reasonable security procedures and practices1 including administrative1 physical1 and technical safeguards1 appropriate to the nature of the data and the purposes for which the data will be used1 to protect the data collected to comply with the requirements of this section from unauthorized use1 disclosure1 access1 destruction1 or modification4 7b7 ,disclosure required 7#a7 ,requirement 7,a7 ,in general ,an online marketplace shall-- 7i7 require any high-volume third party seller with an aggregate total of #bj1jjj or more in annual gross revenues on such online marketplace1 and that uses such online marketplace's platform1 to provide the information described in subparagraph 7,b7 to the online marketplace2 and 7ii7 disclose the information described in subparagraph 7,b7 to consumers in a clear and conspicuous manner-- 7,i7 in the order confirmation message or other document or communication made to a consumer after a purchase is finalized2 and 7,,ii7 in the consumer's account transaction history4 7,b7 ,information described ,the information described in this subparagraph is the following3 7i7 ,subject to paragraph 7#b71 the identity of the high-volume third party seller1 including-- 7,i7 the full name of the seller1 which may include the seller name or seller's company name1 or the name by which the seller or company operates on the online marketplace2 7,,ii7 the physical address of the seller2 and 7,,iii7 contact information for the seller1 to allow for the direct1 unhindered communication with high-volume third party sellers by users of the online marketplace1 including-- 7aa7 a current working phone number2 7bb7 a current working email address2 or 7cc7 other means of direct electronic messaging 7which may be provided to such seller by the online marketplace74 7ii7 ,whether the high-volume third party seller used a different seller to supply the consumer product to the consumer upon purchase1 and1 upon the request of an authenticated purchaser1 the information described in clause 7i7 relating to any such seller that supplied the consumer product to the purchaser1 if such seller is different than the high-volume third party seller listed on the product listing prior to purchase4 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;,b77i7 in the following situations3 7i7 ,if such seller certifies to the online marketplace that the seller does not have a business address and only has a residential street address1 or has a combined business and residential address1 the online marketplace may-- 7,i7 disclose only the country and1 if applicable1 the ,state in which such seller resides2 and 7,,ii7 inform consumers that there is no business address available for the seller and that consumer inquiries should be submitted to the seller by phone1 email1 or other means of electronic messaging provided to such seller by the online marketplace4 7ii7 ,if such seller certifies to the online marketplace that the seller is a business that has a physical address for product returns1 the online marketplace may disclose the seller's physical address for product returns4 7iii7 ,if such seller certifies 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 address or other means of electronic messaging provided to such seller by the online marketplace4 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 time frame to consumer inquiries submitted to the seller by phone1 email1 or other means of electronic messaging provided to such seller by the online marketplace1 the online marketplace shall1 after providing the seller with written or electronic notice and an opportunity to respond not later than #aj days after the issuance of such notice1 suspend any future sales activity of such seller unless such seller consents to the disclosure of the identity information required under paragraph 7#a77;,b77i74 7#c7 ,reporting mechanism ,an online marketplace shall disclose to consumers in a clear and conspicuous manner on the product listing of any high-volume third party seller a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace4 7#d7 ,compliance ,if a high-volume third party seller does not comply with the requirements to provide and disclose information under this subsection1 the online marketplace shall1 after providing the seller with written or electronic notice and an opportunity to provide or disclose such information not later than #aj days after the issuance of such notice1 suspend any future sales activity of such seller until the seller complies with such requirements4 7c7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair and deceptive acts or practices ,a violation of subsection 7a7 or 7b7 by an online marketplace 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 subsections 7a7 and 7b7 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 section4 7,b7 ,privileges and immunities ,any person that violates subsection 7a7 or 7b7 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 ,commission may promulgate regulations under section #eec of title #e1 ,united ,states ,code1 with respect to the collection1 verification1 or disclosure of information under this section1 provided that such regulations are limited to what is necessary to collect1 verify1 and disclose such information4 7#d7 ,authority preserved ,nothing in this section shall be construed to limit the authority of the ,commission under any other provision of law4 7d7 ,enforcement by ,state attorneys general 7#a7 ,in general ,if the attorney general of a ,state has reason to believe that any online marketplace has violated or is violating this section or a regulation promulgated under this section that affects one or more residents of that ,state1 the attorney general of the ,state may bring a civil action in any appropriate district court of the ,united ,states1 to-- 7,a7 enjoin further such violation by the defendant2 7,b7 enforce compliance with this section or such regulation2 7,c7 obtain civil penalties in the amount provided for under subsection 7c72 7,d7 obtain other remedies permitted under ,state law2 and 7,e7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state4 7#b7 ,notice ,the attorney general of a ,state shall provide prior written notice of any action under paragraph 7#a7 to the ,commission and provide the ,commission with a copy of the complaint in the action1 except in any case in which such prior notice is not feasible1 in which case the attorney general shall serve such notice immediately upon instituting such action4 7#c7 ,intervention by the ,,ftc ,upon receiving notice under paragraph 7#b71 the ,commission shall have the right-- 7,a7 to intervene in the action2 7,b7 upon so intervening1 to be heard on all matters arising therein2 and 7,c7 to file petitions for appeal4 7#d7 ,limitation on ,state action while ,federal action is pending ,if the ,commission has instituted a civil action for violation of this section or a regulation promulgated under this section1 no ,state attorney general1 or official or agency of a ,state1 may bring a separate action under paragraph 7#a7 during the pendency of that action against any defendant named in the complaint of the ,commission for any violation of this section or a regulation promulgated under this section that is alleged in the complaint4 ,a ,state attorney general1 or official or agency of a ,state1 may join a civil action for a violation of this section or regulation promulgated under this section filed by the ,commission4 7#e7 ,rule of construction ,for purposes of bringing a civil action under paragraph 7#a71 nothing in this section shall be construed to prevent the chief law enforcement officer1 or official or agency of a ,state1 from exercising the powers conferred on such chief law enforcement officer1 official or agency of a ,state1 by the laws of the ,state to conduct investigations1 administer oaths or affirmations1 or compel the attendance of witnesses or the production of documentary and other evidence4 7#f7 ,actions by other ,state officials 7,a7 ,in general ,in addition to civil actions brought by attorneys general under paragraph 7#a71 any other officer of a ,state who is authorized by the ,state to do so1 except for any private person on behalf of the ,state attorney general1 may bring a civil action under paragraph 7#a71 subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general4 7,b7 ,savings provision ,nothing in this subsection may be construed to prohibit an authorized official of a ,state from initiating or continuing any proceeding in a court of the ,state for a violation of any civil or criminal law of the ,state4 7e7 ,severability ,if any provision of this section1 or the application thereof to any person or circumstance1 is held invalid1 the remainder of this section and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation4 7f7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,consumer product ,the term consumer product has the meaning given such term in section #aja of the ,magnuson-,moss ,warranty--,federal ,trade ,commission ,improvement ,act 7#ae ,u4,s4,c4 #bcja7 and section #gjj4a of title #af1 ,code of ,federal ,regulations4 7#c7 ,high-volume third party seller 7,a7 ,in general ,the term high-volume third party seller means a participant on an online marketplace's platform 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 and an aggregate total of #e1jjj or more in gross revenues4 7,b7 ,clarification ,for purposes of calculating the number of discrete sales or transactions or the aggregate gross revenues under subparagraph 7,a71 an online marketplace shall only be required to count sales or transactions made through the online marketplace and for which payment was processed by the online marketplace1 either directly or through its payment processor4 7#d7 ,online marketplace ,the term online marketplace means any person or entity that operates a consumer-directed 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 7,b7 is used by one or more third party sellers for such purposes2 and 7,c7 has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products4 7#e7 ,seller ,the term seller means a person who sells1 offers to sell1 or contracts to sell a consumer product through an online marketplace's platform4 7#f7 ,third party seller 7,a7 ,in general ,the term third party seller means any seller1 independent of an online marketplace1 who sells1 offers to sell1 or contracts to sell a consumer product in the ,united ,states through such online marketplace's platform4 7,b7 ,exclusions ,the term third party seller does not include1 with respect to an online marketplace-- 7i7 a seller who operates the online marketplace's platform2 or 7ii7 a business entity that has-- 7,i7 made available to the general public the entity's name1 business address1 and working contact information2 7,,ii7 an ongoing contractual relationship with the online marketplace to provide the online marketplace with the manufacture1 distribution1 wholesaling1 or fulfillment of shipments of consumer products2 and 7,,iii7 provided to the online marketplace identifying information1 as described in subsection 7a71 that has been verified in accordance with that subsection4 7#g7 ,verify ,the term verify means to confirm information provided to an online marketplace pursuant to this section1 which may include the use of one or more methods that enable the online marketplace to reliably determine that any information and documents provided are valid1 corresponding to the seller or an individual acting on the seller's behalf1 not misappropriated1 and not falsified4 7g7 ,relationship to ,state laws ,no ,state or political subdivision of a ,state1 or territory of the ,united ,states1 may establish or continue in effect any law1 regulation1 rule1 requirement1 or standard that conflicts with the requirements of this section4 7h7 ,effective date ,this section shall take effect #ahj days after the date of the enactment of this ,act4 ,november #ad1 #bjbb ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed