§ 1749.8.9. — 1749.8.9. (Added by Stats. 2024, Ch. 172, Sec. 6.)

California § 1749.8.9.

• 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 alert local, regional, or state law enforcement agencies in California if it knows or should know that a third-party seller is selling or attempting to sell stolen goods to a California resident, unless the online marketplace has received a notice from the law enforcement agency that the same third-party seller is suspected of selling or attempting to sell the same stolen goods on the online marketplace to a California resident.
(b)
(1)
An online marketplace shall do all of the following:
(A)
Establish and maintain a policy prohibiting the sale of stolen goods on the online marketplace, which shall include consequences for knowingly selling stolen goods on the online marketplace, including, but not limited to, suspension or termination of the seller’s account.
(B)
Provide a mechanism on the online marketplace that allows any individual to notify the online marketplace that a seller is or may be selling stolen goods.
(C)
Provide a mechanism on the online marketplace that allows the online marketplace and law enforcement to communicate in a timely and confidential manner, including by means of a link to a dedicated
web page, online portal, or point of contact and ensure timely replies to law enforcement requests, including warrants, subpoenas, and other legal processes.
(D)
Maintain internal written policies, systems, and staff to monitor listings in order to affirmatively prevent and detect organized retail crime.
(2)
The policy and mechanism required by this subdivision shall be publicly posted and readily accessible to users.
(c)
This section shall become operative on July 1, 2025.

Legislative History

Added by Stats. 2024, Ch. 172, Sec. 6. (SB 1144) Effective January 1, 2025. Operative July 1, 2025, by its own provisions.