,,ii #aagth ,,congress #ast ,session ,s4 #icf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bc1 #bjba,mr4 ,durbin 7for himself1 ,mr4 ,cassidy1 ,mr4 ,grassley1 ,ms4 ,hirono1 ,mr4 ,coons1 and ,mr4 ,tillis7 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 collect1 verify1 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 ,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 #b business 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 a copy of a valid government-issued identification for the individual that includes the individual's name and physical address4 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 name and physical address4 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 7i7 ,in general ,an online marketplace shall require any high-volume third party seller on such online marketplace's platform to promptly notify the online marketplace of any change to the information collected under subparagraph 7,a74 7ii7 ,annual certification ,not later than #a year after the date of enactment of this ,act and annually thereafter1 an online marketplace shall-- 7,i7 inform any high-volume third party seller on such online marketplace's platform of the notification requirement described in clause 7i72 and 7,,ii7 instruct any such seller to electronically certify1 not later than #c business days after receiving such instruction1 that-- 7aa7 there have been no changes to such seller's information2 or 7bb7 such seller has provided any changes to such information to the online marketplace4 7iii7 ,suspension ,in the event that an online marketplace does not receive the annual certification from a high-volume third party seller required under clause 7ii71 the online marketplace shall suspend any future sales activity of such seller or any payments to such seller for prior sales activity until such seller provides such 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 #c business days after such collection2 and 7ii7 verify any change to such information not later than #c business 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 7b7 ,disclosure required 7#a7 ,requirement 7,a7 ,in general ,an online marketplace shall-- 7i7 require any high-volume third party seller on such online marketplace's platform 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 on the product listing or 7for information other than such seller's identification7 through a clear and conspicuously placed link on the product listing or in close proximity to the physical product4 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 seller2 7,,ii7 the physical address of the seller2 7,,iii7 whether the seller also engages in the manufacturing1 importing1 or reselling of consumer products2 and 7,,iv7 contact information for the seller1 including-- 7aa7 a current working phone number2 and 7bb7 a current working email address or other means of electronic messaging 7which may be provided to such seller by the online marketplace74 7ii7 ,the identification of any seller that supplies the consumer product to the consumer upon purchase1 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 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 shall suspend the selling privileges 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-- 7,a7 a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace2 and 7,b7 a message encouraging consumers seeking goods for purchase to report 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 shall suspend any future sales activity of such seller or any payments to such seller for prior sales activity until such seller complies with such requirements4 7c7 ,enforcement 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 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 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 ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7d7 ,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 7e7 ,definitions ,in this ,act3 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 #bcja note7 and section #gjj4a of title #af1 ,code of ,federal ,regulations4 7#c7 ,high-volume third party seller ,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 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 person or entity that operates an 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 is used by one or more third party sellers for such purposes4 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 marketplace1 a seller-- 7i7 who operates the online marketplace's platform2 or 7ii7 who-- 7,i7 is a business entity that has made available to the general public the entity's name1 business address1 and working contact information2 7,,ii7 has an ongoing contractual relationship with the online marketplace to provide for the manufacture1 distribution1 wholesaling1 or fulfillment of shipments of consumer products2 and 7,,iii7 has 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 section by 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 #c4 ,effective date ,this ,act shall take effect #ahj days after the date of the enactment of this ,act4