§ 51:3261 — Definitions

Louisiana § 51:3261

• Jurisdiction: Louisiana
• Title 51: Trade and Commerce

Text

§3261. Definitions
As used in this Chapter, the following words and phrases shall have the following
meanings:
(1) "Consumer product" means any tangible personal property that is distributed in
commerce and used for personal, family, or household purposes, including any property
intended to be attached to or installed in any real property without regard to whether it is
attached or installed.
(2) "High-volume third-party seller" means a participant on an online marketplace's
platform who is a third-party seller and who has entered into two hundred or more discrete
sales or transactions of new or unused consumer products in any twelve-month period during
the previous twenty-four months, which result in an aggregate total of five thousand dollars
or more in total gross revenue. For purposes of calculating the number of discrete sales or
transactions or the aggregate gross revenues, an online marketplace shall be required only
to count sales or transactions made through the online marketplace and for which payment
was processed by the online marketplace, either directly or through its payment processor.
(3) "Online marketplace" means any person or entity that operates a consumer-directed electronically based or accessed platform that meets all of the following criteria:
(a) Has 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 this state.
(b) Is used by one or more third-party sellers for such purposes.
(c) Has a contractual or similar relationship with consumers governing their use of
the platform to purchase consumer products.
(4) "Seller" means a person who sells, offers to sell, or contracts to sell a consumer
product through an online marketplace platform.
(5) "Third-party seller" means any seller, independent of an online marketplace, who
sells, offers to sell, or contracts to sell a consumer product in this state through an online
marketplace. Third-party seller shall not include either of the following:
(a) A seller who operates the online marketplace's platform.
(b) A business entity that has made available to the general public the entity's name,
business address, and working contact information; an ongoing contractual relationship with
the online marketplace to provide the online marketplace with the manufacture, distribution,
wholesaling, or fulfillment of shipments of consumer products; and provided to the online
marketplace identifying information which has been verified in accordance with this Chapter.
(6) "Verify" means to confirm information provided to an online marketplace
pursuant to this Chapter, which may include 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.

Legislative History

Acts 2022, No. 316, §1, eff. Jan. 1, 2023.