[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3073 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 3073

To require online marketplaces to disclose certain verified information 
     regarding sellers of children's products to inform consumers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 17, 2019

Mr. Cassidy (for himself, Mr. Tillis, and Mr. Menendez) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To require online marketplaces to disclose certain verified information 
     regarding sellers of children's products to inform consumers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stopping All Nefarious Toys in 
America Act'' or ``SANTA Act''.

SEC. 2. DISCLOSURE OF INFORMATION BY ONLINE MARKETPLACES TO INFORM 
              CONSUMERS.

    (a) Verification Required.--Any online marketplace that sells, 
allows, facilitates, or enables the online sale of children's products 
shall verify the identity of the seller of a new and unused children's 
product through requiring the following information to be provided by 
the seller:
            (1) Verified bank account information.
            (2) Government issued photo identification.
            (3) Government issued record verifying the individual or 
        business contact information. Contact information shall be 
        verified on an ongoing basis to ensure seller is available for 
        consumer outreach.
    (b) Information Required.--Any online marketplace that sells, 
allows, facilitates, or enables the online sale of a children's product 
shall disclose to consumers in a conspicuous manner or through a link 
on the product listing, the following information:
            (1) The identity of any seller of a new children's product 
        which shall include--
                    (A) the full name of the seller;
                    (B) the full business address of the seller;
                    (C) whether the seller is the manufacturer, 
                importer, retailer, or reseller of the children's 
                product; and
                    (D) contact information for the seller, including 
                phone number and working email address.
            (2) Any other information determined appropriate by the 
        Federal Trade Commission.
    (c) Fulfillment or Shipment by Different Party Than Seller.--In 
addition to the requirements of subsection (b), an online marketplace 
that warehouses, distributes, or otherwise fulfills the children's 
product order shall disclose to the consumer prior to purchase the 
identification of the seller supplying the children's product if 
different than the seller listed on the product listing page.
    (d) Enforcement.--
            (1) Unfair and deceptive acts or practices.--A violation of 
        subsection (a), (b), or (c) shall be treated as a violation of 
        a rule defining an unfair or deceptive act or practice 
        prescribed under section 18(a)(1)(B) of the Federal Trade 
        Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Powers of federal trade commission.--
                    (A) In general.--The Federal Trade Commission shall 
                enforce this Act in the same manner, by the same means, 
                and with the same jurisdiction, powers, and duties as 
                though all applicable terms and provisions of the 
                Federal Trade Commission Act (15 U.S.C. 41 et seq.) 
                were incorporated into and made a part of this Act.
                    (B) Privileges and immunities.--Any person that 
                violates subsection (a), (b), or (c) shall be subject 
                to the penalties, and entitled to the privileges and 
                immunities, provided in the Federal Trade Commission 
                Act (15 U.S.C. 41 et seq.).
            (3) Regulations.--The Federal Trade Commission may 
        promulgate regulations under section 553 of title 5, United 
        States Code, as necessary with respect to collecting and 
        verifying information under this section.
            (4) Authority preserved.--Nothing in this Act shall be 
        construed to limit the authority of the Federal Trade 
        Commission under any other provision of law.
    (e) Definitions.--In this Act:
            (1) Children's product.--The term ``children's product'' 
        means a consumer product designed or intended primarily for 
        children 12 years of age or younger. In determining whether a 
        consumer product is primarily intended for a child 12 years of 
        age or younger, each of the following factors shall be 
        considered:
                    (A) A statement by the manufacturer about the 
                intended use of the product, including a label on the 
                product, if such statement is reasonable.
                    (B) Whether the product is represented in its 
                packaging, display, promotion, or advertising as 
                appropriate for use by children 12 years of age or 
                younger.
                    (C) Whether the product is commonly recognized by 
                consumers as being intended for use by a child 12 years 
                of age or younger.
            (2) Online marketplace.--The term ``online marketplace'' 
        means any electronically based or accessed platform that hosts 
        sellers, including third party sellers, and includes features 
        that allow for, facilitate, or enable the sale, purchase, 
        payment, storage, shipping, or delivery of a consumer product 
        in the United States.
            (3) Seller.--The term ``seller'' means a person who 
        imports, stores, sells, offers for sale, distributes, ships, or 
        delivers a consumer product through an online marketplace. The 
        term ``seller'' includes third party sellers.
            (4) Third party seller.--The term ``third party seller'' 
        means any seller independent of an operator, facilitator, or 
        owner of an online marketplace, and which imports, stores, 
        sells or offers for sale, distributes, ships, or delivers a 
        consumer product in the United States through an online 
        marketplace.

SEC. 3. OTHER AUTHORITIES.

    Nothing in this Act shall be construed to limit or otherwise affect 
any other Federal authority, rule, regulation, or standard that applies 
to children's products, including the provisions of section 230 of the 
Communications Act of 1934 (47 U.S.C. 230) as such provisions apply to 
an online marketplace.

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect 180 days after the date of the enactment 
of this Act.
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