§ 1749.8.1. — 1749.8.1. (Amended by Stats. 2023, Ch. 131, Sec. 11.)

California § 1749.8.1.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Title: 1.4D.
• Part 4.: TITLE 1.4D. Online Marketplaces

Text

(a)
An online marketplace shall require each high-volume third-party seller on the online marketplace to provide, not later than 10 days after qualifying as a high-volume third-party seller, all of the following information to the online marketplace:
(1)
(A)
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 seller.
(B)
The high-volume third-party seller shall provide the information required by this paragraph to one of the following as specified by the online marketplace:
(i)
The online
marketplace.
(ii)
A payment processor or other third party designated by the online marketplace that is required, pursuant to a contract with the online marketplace, to maintain the information in a confidential manner and disclose the information only in response to a court order or to the online marketplace upon its request.
(2)
If the high-volume third-party seller is an individual, the individual’s name.
(3)
If the high-volume third-party seller is not an individual, one of the following:
(A)
A copy of a valid government-issued identification for an individual who has the legal authority to act on behalf of the high-volume third-party seller that includes the individual’s name.
(B)
A
copy of a valid government record or tax document dated within the past 24 months that includes the business name and physical address of the high-volume third-party seller.
(4)
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.
(5)
A valid email address and telephone number for the high-volume third-party seller.
(b)
An online marketplace shall verify the information provided pursuant to subdivision (a) within 10 days and shall verify within 10 days any changes to the information that is provided to the marketplace by a high-volume third-party seller. If a high-volume third-party seller provides a copy of a valid government-issued tax document, information contained within the tax document shall be
presumed to be verified as of the date of issuance of the record or document.
(c)
(1)
The online marketplace shall, on at least an annual basis, notify each high-volume third-party seller operating on the online marketplace of the requirement to inform the online marketplace of any changes to the information provided by the seller pursuant to subdivision (a) within 10 days of receiving the notification and shall instruct each high-volume third-party seller, as part of the notification, to electronically certify that the information is accurate and that either that the seller’s information is unchanged or that the seller is providing updated information.
(2)
If a high-volume third-party seller does not provide the information or certification required under this section, the online marketplace shall, after providing the seller with written or electronic notice
and opportunity to provide the information or certification not later than 10 days after the issuance of the notice, suspend any future sales activity of the seller until the seller provides the information or certification.

Legislative History

Amended by Stats. 2023, Ch. 131, Sec. 11. (AB 1754) Effective January 1, 2024.