§ 8-41-2 — Information Required from High-Volume Third Party Sellers; Duties of Online Marketplace

(a) An online marketplace shall require any high-volume third-party seller on its platform, not later than 10 days after qualifying as such, to provide all of the following information to the online marketplace:
(1) A bank account number or, if the high-volume third-party seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the high-volume third-party seller. This information may be provided by the high-volume third-party seller to the online marketplace or to a third party contracted by the online marketplace to maintain the information; provided, however, that the online marketplace ensures that it can obtain the information on demand from the third party.
(2) Contact information, which shall include either of the following:
a. If the high-volume third-party seller is an individual, the individual’s name.
b. If the high-volume third-party seller is not an individual, either of the following:
1. A copy of a valid government issued identification for an individual acting on behalf of a seller that includes the individual’s name.
2. A copy of a valid government issued record or tax document that includes the business name and physical address of the high-volume third-party seller.
(3) A business tax identification number or, if the high-volume third-party seller does not have a business tax identification number, a taxpayer identification number.
(4) A current working email address and telephone number for the high-volume third-party seller.
(b) An online marketplace shall do both of the following for each high-volume third-party seller on its platform:
(1) Periodically, but not less than annually, provide notification of the requirement to keep current the information required under subsection (a).
(2) Require the high-volume third-party seller, not later than 10 days after receiving the notice provided under subdivision (1), to submit electronic certification of either of the following:
a. That there have been changes to the information required to be provided under subsection (a). If there have been changes to the information required to be provided, the high-volume third-party seller shall update the information in its certified response.
b. That there have been no changes to the information required to be provided under subsection (a).
(c) In the event that a high-volume third-party seller does not provide the information or certification required under subsection (a) or (b), the online marketplace, after providing the seller with written or electronic notice and an opportunity to provide the information or certification not later than 10 days after the issuance of the notice, shall suspend any future sales activity of the seller until the seller provides the required information or certification.
(d)(1) An online marketplace shall verify both of the following:
a. The information and documents required to be provided under subsection (a) have been received not later than 10 days after receipt of notification under subdivision (b)(1).
b. Any change in the information or to the documents has been received not later than 10 days after being notified of the change by a high-volume third-party seller under subsection (b).
(2) If a high-volume third-party seller provides a copy of a valid government issued tax document, any information contained within the tax document shall be presumed to be verified as of the date the document was issued.

Legislative History

(Act 2022-441, §2.)