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August 10, 2020

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Online Marketplaces May Be Required to Verify and Disclose Seller Information

On July 23, 2020, U.S. Congresswoman Jan Schakowsky introduced H.R.7756 to require online marketplaces to verify and disclose to consumers certain information regarding high-volume third-party sellers of consumer products. The goal of the bill is to combat the sale of stolen, counterfeit, and dangerous consumer products by requiring transparency of third-party sellers on online retail marketplaces.

This follows a similar bill introduced by U.S. Senators Bill Cassidy and Dick Durbin on March 10, 2020, titled the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act, or the INFORM Consumers Act. The INFORM Consumers Act directs online retail marketplaces that include third-party sellers of consumer products to verify the identity of high-volume third-party sellers on the platform. The bill defines “high-volume third-party sellers” as those who have entered into 200 or more discrete transactions in a 12-month period amounting to an aggregate total of $5,000 or more. To confirm the identity of these third-party sellers, the bill requires online marketplaces to acquire sellers’ government-issued photo identification, tax identification number, bank account information, and contact information on an annual basis.

The INFORM Consumers act would also require online retail marketplaces to disclose to consumers the seller’s name, business address, phone number, email address, and whether the seller engages in the manufacturing, importing, retail, or reselling of consumer products. The bill presents an exception, however, for individual high-volume third-party sellers that allows them not to disclose their personal street address or personal phone number as long as the sellers respond to consumer inquiries submitted via email within a reasonable time. Furthermore, the online marketplaces would have to provide contact information for customers to report suspicious activity.

It is also important to note that the act would hold online retail marketplaces accountable for the products on their platform sold by third-party sellers, with the intent of preventing the sale of counterfeit or stolen products to unsuspecting customers.

The Federal Trade Commission would implement the bill’s requirements, with violations resulting in civil penalties.

By establishing a baseline level of transparency for online retail marketplaces, the bill provides information so that consumers can distinguish between genuine retailers and frauds. However, this new consumer protection may place a great burden on online retail marketplaces that do not currently meet each of the legislation’s requirements, given the potential costs associated with altering procedures and adopting measures necessary to ensure compliance.

Copyright © 2020, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume X, Number 213

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About this Author

Corey Lee Commercial Litigation Attorney Hunton Andrews Kurth Law Firm Miami
Partner

Corey’s practice focuses on commercial litigation and internal investigations.

Corey’s practice focuses on commercial litigation, including litigation of matters arising from information security and data breach incidents, contract disputes, class actions, business torts, securities litigation, product liability litigation, and electronic discovery. Corey also has experience conducting internal investigations for health care, consumer and retail companies.

Prior to joining the firm, Corey served as a judicial clerk for...

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Natalia San Juan Litigation Attorney Hunton Andrews Kurth Law Firm Miami
Associate

As a member of the firm’s litigation team, Natalia’s practice focuses on commercial litigation and arbitrations.

While in law school, Natalia interned for the Criminal Division of the United States Attorney’s Office for the Southern District of Florida. She also co-mediated disputes within the university through the Campus Mediation Practicum and served as managing editor of the Cornell International Law Journal and of the Legal Information Institute Supreme Court Bulletin.

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