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2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 743
January 18, 2022 - Offered by Representative Dallman.
AB743-ASA1,1,3 1An Act to amend 100.20 (5) and 100.20 (6); and to create 100.20 (1x) and 100.75
2of the statutes; relating to: information disclosure by online marketplaces
3related to high-volume sellers and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB743-ASA1,1 4Section 1. 100.20 (1x) of the statutes is created to read:
AB743-ASA1,1,55 100.20 (1x) It is an unfair trade practice for a person to violate s. 100.75.
AB743-ASA1,2 6Section 2. 100.20 (5) of the statutes is amended to read:
AB743-ASA1,1,117 100.20 (5) Any person suffering pecuniary loss because of a violation by any
8other person of s. 100.70 or any order issued under this section may sue for damages
9therefor in any court of competent jurisdiction and shall recover twice the amount
10of such pecuniary loss, together with costs, including a reasonable attorney fee. This
11subsection does not apply to an order related to activity prohibited under s. 100.75.
AB743-ASA1,3
1Section 3. 100.20 (6) of the statutes is amended to read:
AB743-ASA1,2,92 100.20 (6) The department may commence an action in circuit court in the
3name of the state to restrain by temporary or permanent injunction the violation of
4s. 100.70 or 100.75 or any order issued under this section. The court may in its
5discretion, prior to entry of final judgment make such orders or judgments as may
6be necessary to restore to any person any pecuniary loss suffered because of the acts
7or practices involved in the action, provided proof thereof is submitted to the
8satisfaction of the court. The department may use its authority in ss. 93.14 and 93.15
9to investigate violations of s. 100.70 or 100.75 or any order issued under this section.
AB743-ASA1,4 10Section 4. 100.75 of the statutes is created to read:
AB743-ASA1,2,12 11100.75 Information disclosure by online marketplaces. (1) In this
12section:
AB743-ASA1,2,1413 (a) “Consumer product” means a product used primarily for personal, family,
14or household purposes.
AB743-ASA1,2,1815 (b) “High-volume 3rd-party seller” means a 3rd-party seller who in any
16continuous 12-month period during the immediately preceding 24 months has
17engaged in at least 200 discrete sales or transactions of new or unused consumer
18products that have resulted in a total of at least $20,000 in gross revenues.
AB743-ASA1,2,2119 (c) “Online marketplace” means any person or entity that operates a
20consumer-directed electronically based or accessed platform that meets all of the
21following criteria:
AB743-ASA1,2,2422 1. It includes features that allow for, facilitate, or enable 3rd-party sellers to
23engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer
24product in this state.
AB743-ASA1,2,2525 2. It is used by one or more 3rd-party sellers for such purposes.
AB743-ASA1,3,2
13. It has a contractual or similar relationship with consumers governing their
2use of the platform to purchase consumer products.
AB743-ASA1,3,53 (d) 1. “Third-party seller” means any seller, independent of an online
4marketplace, that sells, offers to sell, or contracts to sell a consumer product in this
5state through such online marketplace's platform.
AB743-ASA1,3,76 2. “Third-party seller” does not include, with respect to an online marketplace,
7either of the following:
AB743-ASA1,3,88 a. A seller that operates the online marketplace's platform.
AB743-ASA1,3,159 b. A business entity that has made available to the general public the entity's
10name, business address, and working contact information; that has an ongoing
11contractual relationship with the online marketplace to provide the online
12marketplace with the manufacture, distribution, wholesaling, or fulfillment of
13shipments of consumer products; and that has provided to the online marketplace
14identifying information, as described in sub. (2), that has been verified in accordance
15with sub. (2).
AB743-ASA1,3,2016 (e) “Verify” means to confirm information provided to an online marketplace
17pursuant to sub. (2), which may include the use of one or more methods that enable
18the online marketplace to reliably determine that any information and documents
19provided are valid, corresponding to the seller or an individual acting on the seller's
20behalf, not misappropriated, and not falsified.
AB743-ASA1,3,24 21(2) An online marketplace shall require any high-volume 3rd-party seller on
22such online marketplace's platform to provide, not later than 10 days after qualifying
23as a high-volume 3rd-party seller on the platform, all of the following information
24to the online marketplace:
AB743-ASA1,4,4
1(a) A bank account number, or, if such seller does not have a bank account, the
2name of the payee for payments issued by the online marketplace to such seller. The
3bank account or payee information required under this paragraph may be provided
4by the seller in either of the following ways:
AB743-ASA1,4,55 1. To the online marketplace.
AB743-ASA1,4,96 2. To a payment processor or other 3rd-party contracted by the online
7marketplace to maintain such information, provided that the online marketplace
8ensures that it can obtain such information on demand from such payment processor
9or other 3rd-party.
AB743-ASA1,4,1010 (b) Contact information for such seller as follows:
AB743-ASA1,4,1211 1. With respect to a high-volume 3rd-party seller that is an individual, the
12individual's name.
AB743-ASA1,4,1413 2. With respect to a high-volume 3rd-party seller that is not an individual, one
14of the following forms of contact information:
AB743-ASA1,4,1615 a. A copy of a valid government-issued identification for an individual acting
16on behalf of such seller that includes the individual's name.
AB743-ASA1,4,1817 b. A copy of a valid government-issued record or tax document that includes
18the business name and physical address of such seller.
AB743-ASA1,4,2019 c. A business tax identification number, or, if such seller does not have a
20business tax identification number, a taxpayer identification number.
AB743-ASA1,4,2221 d. A current working electronic mail address and telephone number for such
22seller.
AB743-ASA1,4,23 23(3) An online marketplace shall do both of the following:
AB743-ASA1,5,3
1(a) Periodically, but not less than annually, notify any high-volume 3rd-party
2seller on such online marketplace's platform of the requirement to keep any
3information collected under sub. (2) current.
AB743-ASA1,5,64 (b) Require any high-volume 3rd-party seller on such online marketplace's
5platform to, not later than 10 days after receiving the notice under par. (a),
6electronically certify one of the following:
AB743-ASA1,5,87 1. The seller has provided any changes to such information to the online
8marketplace, if any such changes have occurred.
AB743-ASA1,5,99 2. There have been no changes to such seller's information.
AB743-ASA1,5,1110 3. Such seller has provided any changes to such information to the online
11marketplace.
AB743-ASA1,5,17 12(4) In the event that a high-volume 3rd-party seller does not provide the
13information or certification required under this section, the online marketplace
14shall, after providing the seller with written or electronic notice and an opportunity
15to provide such information or certification not later than 10 days after the issuance
16of such notice, suspend any future sales activity of such seller until such seller
17provides such information or certification.
AB743-ASA1,5,18 18(5) An online marketplace shall do both of the following:
AB743-ASA1,5,2019 (a) Verify the information collected under sub. (2) not later than 10 days after
20such collection.
AB743-ASA1,5,2221 (b) Verify any change to such information not later than 10 days after being
22notified of such change by a high-volume 3rd-party seller under sub. (3).
AB743-ASA1,5,25 23(6) In the case of a high-volume 3rd-party seller that provides a copy of a valid
24government-issued tax document, any information contained in such document
25shall be presumed to be verified as of the date of issuance of such document.
AB743-ASA1,6,1
1(7) (a) An online marketplace shall do both of the following:
AB743-ASA1,6,52 1. Require any high-volume 3rd-party seller with an aggregate total of
3$20,000 or more in annual gross revenues on such online marketplace and that uses
4such online marketplace's platform to provide the information described in par. (b)
5to the online marketplace.
AB743-ASA1,6,76 2. Disclose the information described in par. (b) to consumers in a clear and
7conspicuous manner both in:
AB743-ASA1,6,98 a. The order confirmation message or other document or communication made
9to a consumer after a purchase is finalized.
AB743-ASA1,6,1010 b. The consumer's account transaction history.
AB743-ASA1,6,1211 (b) The information required to be provided and disclosed under par. (a) is both
12of the following:
AB743-ASA1,6,1413 1. Except as provided in sub. (8) (a), the identity of the high-volume 3rd-party
14seller, including all of the following:
AB743-ASA1,6,1715 a. The full name of the seller, which may include the seller's name or seller's
16company name, or the name by which the seller or company operates on the online
17marketplace.
AB743-ASA1,6,1818 b. The physical address of the seller.
AB743-ASA1,6,2319 c. Contact information for the seller, to allow for the direct, unhindered
20communication with high-volume 3rd-party sellers by users of the online
21marketplace, including a current working telephone number, a current working
22electronic mail address, or a means of direct electronic messaging, which may be
23provided to such seller by the online marketplace.
AB743-ASA1,7,324 2. Whether the high-volume 3rd-party seller used a different seller to supply
25the consumer product to the consumer upon purchase, and, upon the request of an

1authenticated purchaser, the information described in subd. 1. relating to any such
2seller that supplied the consumer product to the purchaser, if such seller is different
3than the high-volume 3rd-party seller listed on the product listing prior to purchase.
AB743-ASA1,7,6 4(8) Subject to sub. (7) (b), upon the request of a high-volume 3rd-party seller,
5an online marketplace may provide for partial disclosure of the identity information
6required under sub. (7) (b) in the following situations:
AB743-ASA1,7,97 (a) If such seller certifies to the online marketplace that the seller does not have
8a business address and only has a residential street address, or has a combined
9business and residential address, the online marketplace may both:
AB743-ASA1,7,1110 1. Disclose only the country and, if applicable, the state in which such seller
11resides.
AB743-ASA1,7,1512 2. Inform consumers that there is no business address available for the seller
13and that consumer inquiries should be submitted to the seller by telephone,
14electronic mail, or other means of electronic messaging provided to such seller by the
15online marketplace.
AB743-ASA1,7,1816 (b) If such seller certifies to the online marketplace that the seller is a business
17that has a physical address for product returns, the online marketplace may disclose
18the seller's physical address for product returns.
AB743-ASA1,7,2419 (c) If such seller certifies to the online marketplace that the seller does not have
20a telephone number other than a personal telephone number, the online marketplace
21shall inform consumers that there is no telephone number available for the seller and
22that consumer inquiries should be submitted to the seller's electronic mail address
23or other means of electronic messaging provided to such seller by the online
24marketplace.
AB743-ASA1,8,12
1(9) If an online marketplace becomes aware that a high-volume 3rd-party
2seller has made a false representation to the online marketplace in order to justify
3the provision of a partial disclosure under sub. (8) (a) or that a high-volume
43rd-party seller who has requested and received a provision for a partial disclosure
5under sub. (8) (a) has not provided responsive answers within a reasonable time
6frame to consumer inquiries submitted to the seller by telephone, electronic mail, or
7other means of electronic messaging provided to such seller by the online
8marketplace, the online marketplace shall, after providing the seller with written or
9electronic notice and an opportunity to respond not later than 10 days after the
10issuance of such notice, suspend any future sales activity of such seller unless such
11seller consents to the disclosure of the identity information required under sub. (7)
12(b).
AB743-ASA1,8,16 13(10) An online marketplace shall disclose to consumers in a clear and
14conspicuous manner on the product listing of any high-volume 3rd-party seller a
15reporting mechanism that allows for electronic and telephonic reporting of
16suspicious marketplace activity to the online marketplace.
AB743-ASA1,8,18 17(11) The department may promulgate rules necessary to implement this
18section.
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