NOTE: §3264 as enacted by Acts 2022, No. 316, §1, eff. Jan. 1, 2023.

§3264. Online marketplace; disclosure requirements of sellers; exceptions

            A. An online marketplace shall require any high-volume third-party seller that has an aggregate total of twenty thousand dollars or more in annual gross revenues on the online marketplace to provide the contact information of the high-volume third-party seller, including but not limited to the following identifiable information:

            (1) The full name of the high-volume third-party seller, which may include the high-volume third-party seller's name or company name, or the name by which the high-volume third-party seller or company operates on the online marketplace.

            (2) The physical address of the high-volume third-party seller.

            (3) Contact information for the high-volume third-party seller to allow for the direct, unhindered communication with the high-volume third-party seller by users of the online marketplace, including but not limited to any of the following:

            (a) A current working phone number.

            (b) A current working electronic mail address.

            (c) Other means of direct electronic messaging, provided to the high-volume third-party seller by the online marketplace, provided this requirement shall not prevent an online marketplace from monitoring communications between high-volume third-party sellers and users of the online marketplace for fraud, abuse, or spam.

            B. An online marketplace shall disclose the information required by Subsection A of this Section to consumers in a conspicuous manner in an order confirmation message or other document or communication made to the consumer after a purchase is finalized and in the consumer's account transaction history.

            C. If the high-volume third-party seller uses a different seller to supply the consumer product to the consumer, upon purchase and upon the request of an authenticated purchaser, the seller who supplies the consumer product to the purchaser shall disclose the information required by Subsection A of this Section to the purchaser.

            D.(1) Upon the request of a high-volume third-party seller, an online marketplace may provide a partial disclosure of the information required by Subsection A of this Section as follows:

            (a) If the high-volume third-party seller demonstrates to the online marketplace that the seller does not have a business address and has only a residential street address, or has a combined business and residential address, the online marketplace may disclose only the country and, if applicable, the state where the high-volume third-party seller resides. The online marketplace may inform consumers that there is no business address available for the high-volume third-party seller and that consumer inquiries may be submitted to the high-volume third-party seller's phone, electronic mail address, or other electronic messaging provided to the seller by the online marketplace.

            (b) If a high-volume third-party seller certifies to the online marketplace that the high-volume third-party seller is a business that has a physical address for product returns, the online marketplace may disclose the high-volume third-party seller's physical address for product returns.

            (c) If a high-volume third-party seller certifies to the online marketplace that the high-volume third-party seller does not have a phone number other than a personal phone number, 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 electronic mail address or other means of electronic messaging provided to the seller by the online marketplace.

            (2) 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 partial disclosure of information required pursuant to this Section or that a high-volume third-party seller who has requested and has received a provision for a partial disclosure has not provided responsive answers within a reasonable time to consumer inquiries submitted to the high-volume third-party seller's contact information, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to respond not later than ten days after the issuance of such notice, suspend any future sales of the seller unless the seller consents to the disclosure of the identity information required pursuant to this Chapter.

            E. 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 marketplace.

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