NOTE: §3261 as enacted by Acts 2022, No. 316, §1, eff. Jan. 1, 2023.

CHAPTER 66. ONLINE MARKETPLACE AND THIRD-PARTY SELLERS

§3261. Definitions

            As used in this Chapter, the following words and phrases shall have the following meanings:

            (1) "Consumer product" means any tangible personal property that is distributed in commerce and used for personal, family, or household purposes, including any property intended to be attached to or installed in any real property without regard to whether it is attached or installed.

            (2) "High-volume third-party seller" means a participant on an online marketplace's platform who is a third-party seller and who has entered into two hundred or more discrete sales or transactions of new or unused consumer products in any twelve-month period during the previous twenty-four months, which result in an aggregate total of five thousand dollars or more in total gross revenue. For purposes of calculating the number of discrete sales or transactions or the aggregate gross revenues, an online marketplace shall be required only to count sales or transactions made through the online marketplace and for which payment was processed by the online marketplace, either directly or through its payment processor.

            (3) "Online marketplace" means any person or entity that operates a consumer-directed electronically based or accessed platform that meets all of the following criteria:

            (a) Has features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in this state.

            (b) Is used by one or more third-party sellers for such purposes.

            (c) Has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products.

            (4) "Seller" means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace platform.

            (5) "Third-party seller" means any seller, independent of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in this state through an online marketplace. Third-party seller shall not include either of the following:

            (a) A seller who operates the online marketplace's platform.

            (b) A business entity that has made available to the general public the entity's name, business address, and working contact information; an ongoing contractual relationship with the online marketplace to provide the online marketplace with the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products; and provided to the online marketplace identifying information which has been verified in accordance with this Chapter.

            (6) "Verify" means to confirm information provided to an online marketplace pursuant to this Chapter, 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 valid, corresponding to the seller or an individual acting on the seller's behalf, not misappropriated, and not falsified.

            Acts 2022, No. 316, §1, eff. Jan. 1, 2023.