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3Section
4. 100.75 of the statutes is created to read:
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4100.75 Information disclosure by online marketplaces. (1) In this
5section:
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(a) “Consumer product” means a product used primarily for personal, family,
7or household purposes.
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(b) “High-volume 3rd-party seller” means a 3rd-party seller who in any
9continuous 12-month period during the immediately preceding 24 months has
10engaged in at least 200 discrete sales or transactions of new or unused consumer
11products that have resulted in a total of at least $20,000 in gross revenues.
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(c) “Online marketplace” means an electronically based or accessed platform
13that allows, facilitates, or enables 3rd-party sellers to sell, purchase, store, ship, or
14deliver a consumer product in this state.
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(d) 1. “Third-party seller” means a seller, other than an operator or owner of
16an online marketplace, that sells, offers for sale, or contracts to sell a consumer
17product in this state through an online marketplace.
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2. “Third-party seller” does not include a seller that satisfies all of the
19following:
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a. The seller is a business entity that makes available to the public its name,
21business address, and contact information.
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b. The seller has an ongoing contractual relationship with the online
23marketplace to manufacture, distribute, sell at wholesale, or fulfill shipments of
24consumer products.
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1c. The seller provides to the online marketplace the information described in
2sub. (2) and the online marketplace verifies the information using a method
3described in sub. (3) (c).
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4(2) (a) A 3rd-party seller who becomes a high-volume 3rd-party seller on an
5online marketplace shall provide the online marketplace with the following
6information within 24 hours of becoming a high-volume 3rd-party seller:
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1. One of the following:
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a. If the 3rd-party seller is an individual, a copy of a government-issued photo
9identification card for the individual that includes the individual's name and
10physical address.
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b. If the 3rd-party seller is not an individual, either a copy of a
12government-issued photo identification card for an individual who acts on the
133rd-party seller's behalf that includes the individual's name and physical address
14or a copy of a government-issued record or tax document that includes the 3rd-party
15seller's business name and physical address.
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2. A working email address and working telephone number for the 3rd-party
17seller.
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3. A business tax identification number, or, if the 3rd-party seller does not have
19a business tax identification number, a taxpayer identification number.
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4. Whether the 3rd-party seller exclusively offers or advertises its consumer
21products on the online marketplace.
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5. Whether the 3rd-party seller also engages in manufacturing, importing, or
23reselling consumer products.
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(b) A 3rd-party seller who becomes a high-volume 3rd-party seller on an
25online marketplace shall within 24 hours of becoming a high-volume 3rd-party
1seller provide the 3rd-party seller's bank account information, or, if the 3rd-party
2seller does not have a bank account, the name of the payee for payments issued by
3the online marketplace to the 3rd-party seller to either of the following:
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1. The online marketplace.
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2. A payment processor or other person contracted by the online marketplace
6to maintain the information if the online marketplace can obtain the information on
7demand from the payment processor or other person.
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(c) 1. At least annually, an online marketplace shall request each high-volume
93rd-party seller that participates on the online marketplace to inform the online
10marketplace of any change to information provided under this subsection.
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2. A high-volume 3rd-party seller shall do one of the following within 10 days
12of receiving a request under subd. 1.:
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a. If the seller's information previously provided under this subsection is
14unchanged, electronically certify to the online marketplace that the previously
15provided information is unchanged.
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b. If the seller's information previously provided under this subsection has
17changed, provide to the online marketplace an update of the information required
18under this subsection.
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3. If a high-volume 3rd-party seller fails to satisfy subd. 2. after receiving a
20request from an online marketplace under subd. 1., the online marketplace shall
21suspend the high-volume 3rd-party seller from participating in the online
22marketplace until the high-volume 3rd-party seller makes a response described in
23subd. 2. a. or b.
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24(3) (a) An online marketplace shall verify any bank account information
25provided under sub. (2) (b) unless the the accuracy of the information is confirmed
1to the online marketplace by a payment processor or other person contracted by the
2online marketplace.
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(b) An online marketplace shall verify information, other than information
4contained in a copy of a government-issued tax document, received under sub. (2)
5within 10 days of receipt.
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(c) An online marketplace shall verify information under this subsection by
7using at least one of the following methods:
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1. An identity verification system having the capability of confirming a
93rd-party seller's name, email address, physical address, and telephone number.
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2. A combination of two-factor authentication, public records search, and
11presentation of government-issued identification.
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12(4) (a) Subject to par. (b), for consumer products offered for sale on an online
13marketplace by a high-volume 3rd-party seller, the online marketplace shall
14disclose the following information in a conspicuous manner:
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1. The high-volume 3rd-party seller's full name.
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2. The high-volume 3rd-party seller's full physical address.
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3. Whether the high-volume 3rd-party seller engages in manufacturing,
18importing, or reselling consumer products.
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4. The high-volume 3rd-party seller's telephone number and email address.
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5. Any other information the department determines is necessary to prevent
21evasion of the requirements under this subsection.
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(b) 1. If a high-volume 3rd-party seller has only a residential address and
23requests that the online marketplace not disclose that address, the online
24marketplace shall disclose only the country, and, if applicable, the state of the
25high-volume 3rd-party seller's residence. If a request is made under this
1subdivision, the online marketplace shall inform consumers that no business
2address is available for the high-volume 3rd-party seller and direct consumers to
3submit inquiries to the seller by telephone or email.
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2. If a high-volume 3rd-party seller has only a personal telephone number and
5requests that the online marketplace not disclose that telephone number, the online
6marketplace may not disclose the telephone number and shall inform consumers
7that no telephone number is available for the high-volume 3rd-party seller and
8direct consumers to submit inquiries to the seller's email address.
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3. If a high-volume 3rd-party seller is a business that has a physical address
10for consumer product returns and requests that the online marketplace disclose that
11address to consumers, the online marketplace shall disclose only the physical
12address for consumer product returns.
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(c) Notwithstanding par. (b), an online marketplace shall disclose the
14information described in par. (a) relating to a high-volume 3rd-party seller 10 days
15after providing notice to the seller if the seller does either of the following:
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1. Makes a false representation to the online marketplace related to
17information described in par. (b).
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2. Fails to provide a responsive answer within a reasonable time to a consumer
19inquiry.
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20(5) (a) An online marketplace shall make available in a conspicuous manner
21a mechanism for reporting electronically and by telephone suspicious marketplace
22activity by a high-volume 3rd-party seller.
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(b) An online marketplace shall conspicuously display a message encouraging
24consumers to report suspicious activity to the online marketplace using the
25mechanism described in par. (a).
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1(6) If a high-volume 3rd-party seller distributes a consumer product on behalf
2of another high-volume 3rd-party seller, an online marketplace shall disclose to
3consumers the information described in sub. (4) (a) related to the original seller of
4the product.
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5(7) The department may promulgate rules necessary to implement this section.
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6(8) No city, village, town, or county may enact or enforce an ordinance requiring
7an online marketplace to verify information relating to a high-volume 3rd-party
8seller or requiring an online marketplace to disclose information to consumers.
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9Section
5.
Effective date.
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(1)
This act takes effect on the first day of the 7th month beginning after
11publication.
