AB743: Bill Text

AB743,5,3 (b) A 3rd-party seller who becomes a high-volume 3rd-party seller on an online marketplace shall within 24 hours of becoming a high-volume 3rd-party seller provide the 3rd-party seller's bank account information, or, if the 3rd-party seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the 3rd-party seller to either of the following:

AB743,5,4 1. The online marketplace.

AB743,5,7 2. A payment processor or other person contracted by the online marketplace to maintain the information if the online marketplace can obtain the information on demand from the payment processor or other person.

AB743,5,10 (c) 1. At least annually, an online marketplace shall request each high-volume 3rd-party seller that participates on the online marketplace to inform the online marketplace of any change to information provided under this subsection.

AB743,5,12 2. A high-volume 3rd-party seller shall do one of the following within 10 days of receiving a request under subd. 1.:

AB743,5,15 a. If the seller's information previously provided under this subsection is unchanged, electronically certify to the online marketplace that the previously provided information is unchanged.

AB743,5,18 b. If the seller's information previously provided under this subsection has changed, provide to the online marketplace an update of the information required under this subsection.

AB743,5,23 3. If a high-volume 3rd-party seller fails to satisfy subd. 2. after receiving a request from an online marketplace under subd. 1., the online marketplace shall suspend the high-volume 3rd-party seller from participating in the online marketplace until the high-volume 3rd-party seller makes a response described in subd. 2. a. or b.

AB743,6,2 (3) (a) An online marketplace shall verify any bank account information provided under sub. (2) (b) unless the the accuracy of the information is confirmed to the online marketplace by a payment processor or other person contracted by the online marketplace.

AB743,6,5 (b) An online marketplace shall verify information, other than information contained in a copy of a government-issued tax document, received under sub. (2) within 10 days of receipt.

AB743,6,7 (c) An online marketplace shall verify information under this subsection by using at least one of the following methods:

AB743,6,9 1. An identity verification system having the capability of confirming a 3rd-party seller's name, email address, physical address, and telephone number.

AB743,6,11 2. A combination of two-factor authentication, public records search, and presentation of government-issued identification.

AB743,6,14 (4) (a) Subject to par. (b), for consumer products offered for sale on an online marketplace by a high-volume 3rd-party seller, the online marketplace shall disclose the following information in a conspicuous manner:

AB743,6,15 1. The high-volume 3rd-party seller's full name.

AB743,6,16 2. The high-volume 3rd-party seller's full physical address.

AB743,6,18 3. Whether the high-volume 3rd-party seller engages in manufacturing, importing, or reselling consumer products.

AB743,6,19 4. The high-volume 3rd-party seller's telephone number and email address.

AB743,6,21 5. Any other information the department determines is necessary to prevent evasion of the requirements under this subsection.

AB743,7,3 (b) 1. If a high-volume 3rd-party seller has only a residential address and requests that the online marketplace not disclose that address, the online marketplace shall disclose only the country, and, if applicable, the state of the high-volume 3rd-party seller's residence. If a request is made under this subdivision, the online marketplace shall inform consumers that no business address is available for the high-volume 3rd-party seller and direct consumers to submit inquiries to the seller by telephone or email.

AB743,7,8 2. If a high-volume 3rd-party seller has only a personal telephone number and requests that the online marketplace not disclose that telephone number, the online marketplace may not disclose the telephone number and shall inform consumers that no telephone number is available for the high-volume 3rd-party seller and direct consumers to submit inquiries to the seller's email address.

AB743,7,12 3. If a high-volume 3rd-party seller is a business that has a physical address for consumer product returns and requests that the online marketplace disclose that address to consumers, the online marketplace shall disclose only the physical address for consumer product returns.

AB743,7,15 (c) Notwithstanding par. (b), an online marketplace shall disclose the information described in par. (a) relating to a high-volume 3rd-party seller 10 days after providing notice to the seller if the seller does either of the following:

AB743,7,17 1. Makes a false representation to the online marketplace related to information described in par. (b).

AB743,7,19 2. Fails to provide a responsive answer within a reasonable time to a consumer inquiry.

AB743,7,22 (5) (a) An online marketplace shall make available in a conspicuous manner a mechanism for reporting electronically and by telephone suspicious marketplace activity by a high-volume 3rd-party seller.

AB743,7,25 (b) An online marketplace shall conspicuously display a message encouraging consumers to report suspicious activity to the online marketplace using the mechanism described in par. (a).

AB743,8,4 (6) If a high-volume 3rd-party seller distributes a consumer product on behalf of another high-volume 3rd-party seller, an online marketplace shall disclose to consumers the information described in sub. (4) (a) related to the original seller of the product.

AB743,8,5 (7) The department may promulgate rules necessary to implement this section.

AB743,8,8 (8) No city, village, town, or county may enact or enforce an ordinance requiring an online marketplace to verify information relating to a high-volume 3rd-party seller or requiring an online marketplace to disclose information to consumers.

AB743,5 Section 5. Effective date.

AB743,8,11 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB743,8,12 (End)