Collection, verification, and disclosure of information by online marketplaces to inform consumers

15 U.S. Code § 45f. Collection, verification, and disclosure of information by online marketplaces to inform consumers

(a) Collection and verification of information
(1) Collection
(A) In generalAn online marketplace shall require any high-volume third party seller on such online marketplace’s platform to provide, not later than 10 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 informationThe 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 within 3 business days from such payment processor or other third party.
(ii) Contact informationContact information for such seller as follows:
(I)
With respect to a high-volume third party seller that is an individual, the individual’s name.
(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.
(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 certificationAn online marketplace shall—
(i)
periodically, but not less than annually, notify any high-volume third party seller on such online marketplace’s platform of the requirement to keep any information collected under subparagraph (A) current; and
(ii) require any high-volume third party seller on such online marketplace’s platform to, not later than 10 days after receiving the notice under clause (i), electronically certify that—
(I)
the seller has provided any changes to such information to the online marketplace, if any such changes have occurred; or
(II)
there have been no changes to such seller’s information.
(C) Suspension
In the event that a high-volume third party seller does not provide the information or certification required under this paragraph, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide such information or certification not later than 10 days after the issuance of such notice, suspend any future sales activity of such seller until such seller provides such information or certification.
(2) Verification
(A) In generalAn online marketplace shall—
(i)
verify the information collected under paragraph (1)(A) not later than 10 days after such collection; and
(ii)
verify any change to such information not later than 10 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.
(3) Data use limitation
Data collected solely to comply with the requirements of this section may not be used for any other purpose unless required by law.
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