[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 936 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 936

To require online marketplaces to collect, verify, and disclose certain 
   information regarding high-volume third party sellers of consumer 
                     products to inform consumers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 23, 2021

  Mr. Durbin (for himself, Mr. Cassidy, Mr. Grassley, Ms. Hirono, Mr. 
 Coons, and Mr. Tillis) 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 collect, verify, and disclose certain 
   information regarding high-volume third party sellers of consumer 
                     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 ``Integrity, Notification, and 
Fairness in Online Retail Marketplaces for Consumers Act'' or the 
``INFORM Consumers Act''.

SEC. 2. COLLECTION, VERIFICATION, AND DISCLOSURE OF INFORMATION BY 
              ONLINE MARKETPLACES TO INFORM CONSUMERS.

    (a) Collection and Verification of Information.--
            (1) Collection.--
                    (A) In general.--An online marketplace shall 
                require any high-volume third party seller on such 
                online marketplace's platform to provide, not later 
                than 2 business days after qualifying as a high-volume 
                third party seller on the platform, the following 
                information to the online marketplace:
                            (i) Bank account.--
                                    (I) In general.--A bank account 
                                number, or, if such seller does not 
                                have a bank account, the name of the 
                                payee for payments issued by the online 
                                marketplace to such seller.
                                    (II) Provision of information.--The 
                                bank account or payee information 
                                required under subclause (I) may be 
                                provided by the seller in the following 
                                ways:
                                            (aa) To the online 
                                        marketplace.
                                            (bb) To a payment processor 
                                        or other third party contracted 
                                        by the online marketplace to 
                                        maintain such information, 
                                        provided that the online 
                                        marketplace ensures that it can 
                                        obtain such information on 
                                        demand from such payment 
                                        processor or other third party.
                            (ii) Contact information.--Contact 
                        information for such seller as follows:
                                    (I) With respect to a high-volume 
                                third party seller that is an 
                                individual, a copy of a valid 
                                government-issued identification for 
                                the individual that includes the 
                                individual's name and physical address.
                                    (II) With respect to a high-volume 
                                third party seller that is not an 
                                individual, one of the following forms 
                                of contact information:
                                            (aa) 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 
                                        address.
                                            (bb) A copy of a valid 
                                        government-issued record or tax 
                                        document that includes the 
                                        business name and physical 
                                        address of such seller.
                            (iii) Tax id.--A business tax 
                        identification number, or, if such seller does 
                        not have a business tax identification number, 
                        a taxpayer identification number.
                            (iv) Working email and phone number.--A 
                        current working email address and phone number 
                        for such seller.
                    (B) Notification of change; annual certification.--
                            (i) 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 (A).
                            (ii) Annual certification.--Not later than 
                        1 year after the date of enactment of this Act 
                        and annually thereafter, an online marketplace 
                        shall--
                                    (I) inform any high-volume third 
                                party seller on such online 
                                marketplace's platform of the 
                                notification requirement described in 
                                clause (i); and
                                    (II) instruct any such seller to 
                                electronically certify, not later than 
                                3 business days after receiving such 
                                instruction, that--
                                            (aa) there have been no 
                                        changes to such seller's 
                                        information; or
                                            (bb) such seller has 
                                        provided any changes to such 
                                        information to the online 
                                        marketplace.
                            (iii) Suspension.--In the event that an 
                        online marketplace does not receive the annual 
                        certification from a high-volume third party 
                        seller required under clause (ii), 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 certification.
            (2) Verification.--
                    (A) In general.--An online marketplace shall--
                            (i) verify the information collected under 
                        paragraph (1)(A) not later than 3 business days 
                        after such collection; and
                            (ii) verify any change to such information 
                        not later than 3 business days after being 
                        notified of such change by a high-volume third 
                        party seller under paragraph (1)(B).
                    (B) Presumption of verification.--In the case of a 
                high-volume third party seller that provides a copy of 
                a valid government-issued tax document, any information 
                contained in such document shall be presumed to be 
                verified as of the date of issuance of such document.
    (b) Disclosure Required.--
            (1) Requirement.--
                    (A) In general.--An online marketplace shall--
                            (i) require any high-volume third party 
                        seller on such online marketplace's platform to 
                        provide the information described in 
                        subparagraph (B) to the online marketplace; and
                            (ii) disclose the information described in 
                        subparagraph (B) to consumers in a clear and 
                        conspicuous manner on the product listing or 
                        (for information other than such seller's 
                        identification) through a clear and 
                        conspicuously placed link on the product 
                        listing or in close proximity to the physical 
                        product.
                    (B) Information described.--The information 
                described in this subparagraph is the following:
                            (i) Subject to paragraph (2), the identity 
                        of the high-volume third party seller, 
                        including--
                                    (I) the full name of the seller;
                                    (II) the physical address of the 
                                seller;
                                    (III) whether the seller also 
                                engages in the manufacturing, 
                                importing, or reselling of consumer 
                                products; and
                                    (IV) contact information for the 
                                seller, including--
                                            (aa) a current working 
                                        phone number; and
                                            (bb) a current working 
                                        email address or other means of 
                                        electronic messaging (which may 
                                        be provided to such seller by 
                                        the online marketplace).
                            (ii) The identification of any seller that 
                        supplies the consumer product to the consumer 
                        upon purchase, if such seller is different than 
                        the high-volume third party seller listed on 
                        the product listing prior to purchase.
            (2) Exception.--
                    (A) In general.--Subject to subparagraph (B), upon 
                the request of a high-volume third party seller, an 
                online marketplace may provide for partial disclosure 
                of the identity information required under paragraph 
                (1)(B)(i) in the following situations:
                            (i) If such seller certifies to the online 
                        marketplace that the seller does not have a 
                        business address and only has a residential 
                        street address, the online marketplace may--
                                    (I) disclose only the country and, 
                                if applicable, the State in which such 
                                seller resides; and
                                    (II) inform consumers that there is 
                                no business address available for the 
                                seller and that consumer inquiries 
                                should be submitted to the seller by 
                                phone, email, or other means of 
                                electronic messaging provided to such 
                                seller by the online marketplace.
                            (ii) If such seller certifies to the online 
                        marketplace that the seller is a business that 
                        has a physical address for product returns, the 
                        online marketplace may disclose the seller's 
                        physical address for product returns.
                            (iii) If such seller certifies to the 
                        online marketplace that the 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 
                        email address or other means of electronic 
                        messaging provided to such seller by the online 
                        marketplace.
                    (B) 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 (A) or that a 
                high-volume third party seller who has requested and 
                received a provision for a partial disclosure under 
                subparagraph (A) has not provided responsive answers 
                within a reasonable time frame to consumer inquiries 
                submitted to the seller by phone, email, or other means 
                of electronic messaging provided to such seller by the 
                online marketplace, 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 (1)(B)(i).
            (3) 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) a reporting mechanism that allows for 
                electronic and telephonic reporting of suspicious 
                marketplace activity to the online marketplace; and
                    (B) a message encouraging consumers seeking goods 
                for purchase to report suspicious marketplace activity 
                to the online marketplace.
            (4) Compliance.--If a high-volume third party seller does 
        not comply with the requirements to provide and disclose 
        information under this subsection, 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 requirements.
    (c) Enforcement.--
            (1) Unfair and deceptive acts or practices.--A violation of 
        subsection (a) or (b) by an online marketplace 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 the commission.--
                    (A) In general.--The 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) or (b) 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 Commission may promulgate regulations 
        under section 553 of title 5, United States Code, with respect 
        to the collection, verification, or disclosure of information 
        under this section, provided that such regulations are limited 
        to what is necessary to collect, verify, and disclose such 
        information.
            (4) Authority preserved.--Nothing in this Act shall be 
        construed to limit the authority of the Commission under any 
        other provision of law.
    (d) Severability.--If any provision of this section, or the 
application thereof to any person or circumstance, is held invalid, 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 invalidation.
    (e) Definitions.--In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Consumer product.--The term ``consumer product'' has 
        the meaning given such term in section 101 of the Magnuson-Moss 
        Warranty--Federal Trade Commission Improvement Act (15 U.S.C. 
        2301 note) and section 700.1 of title 16, Code of Federal 
        Regulations.
            (3) 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 who, in 
        any continuous 12-month period during the previous 24 months, 
        has entered into 200 or more discrete sales or transactions of 
        new or unused consumer products resulting in the accumulation 
        of an aggregate total of $5,000 or more in gross revenues.
            (4) Online marketplace.--The term ``online marketplace'' 
        means any person or entity that operates an electronically 
        based or accessed platform that--
                    (A) includes 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 the United States; and
                    (B) is used by one or more third party sellers for 
                such purposes.
            (5) Seller.--The term ``seller'' means a person who sells, 
        offers to sell, or contracts to sell a consumer product through 
        an online marketplace's platform.
            (6) Third party seller.--
                    (A) In general.--The term ``third party seller'' 
                means any seller, independent of an online marketplace, 
                who sells, offers to sell, or contracts to sell a 
                consumer product in the United States through such 
                online marketplace's platform.
                    (B) Exclusions.--The term ``third party seller'' 
                does not include, with respect to an online 
                marketplace, a seller--
                            (i) who operates the online marketplace's 
                        platform; or
                            (ii) who--
                                    (I) is a business entity that has 
                                made available to the general public 
                                the entity's name, business address, 
                                and working contact information;
                                    (II) has an ongoing contractual 
                                relationship with the online 
                                marketplace to provide for the 
                                manufacture, distribution, wholesaling, 
                                or fulfillment of shipments of consumer 
                                products; and
                                    (III) has provided to the online 
                                marketplace identifying information, as 
                                described in subsection (a), that has 
                                been verified in accordance with that 
                                subsection.
            (7) 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 valid, corresponding to the seller 
        or an individual acting on the seller's behalf, not 
        misappropriated, and not falsified.

SEC. 3. EFFECTIVE DATE.

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