Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 405 3
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By: Senator J. Dismang 5
By: Representative Maddox 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE ONLINE MARKETPLACE CONSUMER 9
INFORM ACT; AND FOR OTHER PURPOSES. 10
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Subtitle 13
TO AMEND THE ONLINE MARKETPLACE CONSUMER 14
INFORM ACT. 15
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
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SECTION 1. Arkansas Code § 4 -119-102(3), concerning the definition of 19
"online marketplace" used under the Online Marketplace Consumer Inform Act, 20
is amended to read as follows: 21
(3) "Online marketplace" means any electronically based or 22
electronically accessed consumer-directed platform that: 23
(A) Includes features that allow for, facilitate, or 24
enable third-party sellers to engage in the sale, purchase, payment, storage, 25
shipping, or delivery of a consumer product in the United States; and 26
(B) Hosts one (1) or more third -party sellers; 27
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SECTION 2. Arkansas Code § 4 -119-102(6), concerning the definition of 29
"verify" used under the Online Marketplace Consumer Inform Act, is amended to 30
read as follows: 31
(6) "Verify" means to confirm information provided to an online 32
marketplace under § 4 -119-103 by the use of: 33
(A) A third-party or proprietary identity verification 34
system that has the capability to confirm a seller's name, email address, 35
physical address, and telephone number; or 36 SB405
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(B) A combination of two -factor authentication, public 1
records search, and the presentation of a government -issued identification 2
one (1) or more reliable methods that enable the online marketplace to 3
determine that any information and documents provided are: 4
(A) Valid; 5
(B) Corresponding to the seller or an individual acting on 6
behalf of the seller; and 7
(C) Not misappropriated or falsified . 8
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SECTION 3. Arkansas Code § 4 -119-103 is amended to read as follows: 10
4-119-103. Online marketplace — Verification required. 11
(a) An online marketplace shall require a high -volume third-party 12
seller to provide to the online marketplace within twenty-four (24) hours 13
within ten (10) days of becoming a high-volume third-party seller: 14
(1)(A)(i) Bank account information, the accuracy of which has 15
been confirmed directly by the online marketplace, a payment processor, or 16
other third party contracted by the online marketplace. 17
(ii) If the high-volume third-party seller does not 18
have a bank account, then the name of the payee for payments issued by the 19
online marketplace to the high -volume third-party seller. 20
(B) The bank account information or payee information 21
described in subdivision (a)(1)(A)(i) or subdivision (a)(1)(A)(ii) of this 22
section may be provided by the high -volume third-party seller: 23
(i) To the online marketplace; or 24
(ii) To a payment processor or other third party 25
contracted by the online marketplace to maintain the information, provided 26
that the online marketplace may obtain the information on demand within three 27
(3) business days from the payment processor or other third party contracted 28
by the online marketplace; 29
(2)(A) Contact information for the high -volume third-party 30
seller. 31
(B) As used in subdivision (a)(2)(A) of this section, 32
“contact information” includes: 33
(i) If the high-volume third-party seller is an 34
individual, a copy of a government -issued photo identification for the 35
individual high-volume third-party seller that includes the high -volume 36 SB405
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third-party seller's name and physical address the individual's name ; 1
(ii) If the high-volume third-party seller is not an 2
individual, then: 3
(a) A copy of a government -issued photo 4
identification for an individual acting on behalf of the high -volume third-5
party seller that includes the individual's name and physical address; or 6
(b) A copy of a government -issued record or 7
tax document that includes the business name and physical address of the 8
high-volume third-party seller; and 9
(iii) A working email address and working telephone 10
number for the high-volume third-party seller; and 11
(3) A business tax identification number or, if the high -volume 12
third-party seller does not have a business tax identification number, a 13
taxpayer identification number ; and 14
(4) Whether or not the high -volume third-party seller: 15
(A) Is exclusively advertising or offering a consumer 16
product on the online marketplace; and 17
(B) Is currently advertising or offering for sale the same 18
consumer product or products on any other internet websites other than the 19
online marketplace. 20
(b)(1) An online marketplace shall verify: 21
(A) The information provided in subsection (a) of this 22
section within three (3) ten (10) days; and 23
(B) Any changes to the information described in subsection 24
(a) of this section within three (3) ten (10) days of receipt of any changes 25
to the information that is provided to the online marketplace by a high -26
volume third-party seller. 27
(2) If a high-volume third-party seller provides a copy of a 28
valid government-issued tax document, then the information contained within 29
the tax document shall be presumed to be verified as of the date of issuance 30
of the record or document. 31
(3)(A) An online marketplace shall, at least annually: 32
(i) Notify each high -volume third-party seller 33
operating on the online marketplace that the high -volume third-party seller 34
shall inform the online marketplace of any changes to the information 35
provided by the high -volume third-party seller under subsection (a) of this 36 SB405
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section within three (3) ten (10) days of receiving the notification; and 1
(ii) Instruct each high -volume third-party seller, 2
as part of the notification, to electronically certify either that the high -3
volume third-party seller's information is unchanged or that the high -volume 4
third-party seller is providing changes to the information described in 5
subsection (a) of this section. 6
(B) If the online marketplace becomes aware that a high -7
volume third-party seller has not certified that the high -volume third-party 8
seller's information is unchanged or has not provided the changed information 9
within three (3) ten (10) days of receiving the notification, then the online 10
marketplace shall suspend the high -volume third-party seller's participation 11
on the online marketplace until the high -volume third-party seller either 12
certifies that the high -volume third-party seller's information is unchanged 13
or provides the information that has changed and the information is verified. 14
(c) An online marketplace shall require a high -volume third-party 15
seller in with an aggregate total of twenty thousand dollars ($20,000) or 16
more in annual gross revenues on the online marketplace to provide and 17
disclose to consumers in a conspicuous manner and in bold print on the 18
product listing or, for information other than the high -volume third-party 19
seller's full name, through a conspicuously placed link on the listing of the 20
consumer product listing including through a hyperlink, in the order 21
confirmation message, or other document or communication made to the consumer 22
after the purchase is finalized and in the consumer's account transaction 23
history: 24
(1) The identity of the high -volume third-party seller that 25
shall include: 26
(A) The full name of the high -volume third-party seller 27
that may include without limitation the seller's name or seller's company 28
name or the name by which the seller or the seller's company operates on the 29
online marketplace; 30
(B) The full physical address of the high -volume third-31
party seller; and 32
(C)(i) Whether the high-volume third-party seller also 33
engages in the manufacturing, importing, or reselling of consumer products; 34
and 35
(D)(i) Contact information for the high -volume third-party 36 SB405
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seller, including a working telephone number , and working email address , or 1
other means of direct electronic messaging that may be provided to the seller 2
by the online marketplace, if the requirements of this item do not prevent an 3
online marketplace from monitoring the communications between a high -volume 4
third party seller and a user of the online marketplace for potential fraud, 5
abuse, or spam. 6
(ii) The working email address required under 7
subdivision (c)(1)(D)(i) (c)(1)(C)(i) of this section may be provided to the 8
high-volume third-party seller through the online marketplace if assigned to 9
the high-volume third-party seller; and 10
(2) Any other information determined to be necessary to address 11
circumvention or evasion of the requirements of this chapter if the 12
additional information is limited to what is necessary to address such 13
circumvention or evasion. 14
(d) Except as provided in subsection (b) of this section, upon the 15
request of a high-volume third-party seller, an online marketplace may 16
provide for partial disclosure of the identifying information required under 17
subsection (c) of this section if: 18
(1) The high-volume third-party seller demonstrates to the 19
online marketplace that the high -volume third-party seller does not have a 20
business address and only has a residential street address, the online 21
marketplace may: 22
(A) Direct the high -volume third-party seller to disclose 23
only the country and, if applicable, the state in which the high -volume 24
third-party seller resides on the listing of the consumer product; 25
(B) Inform a consumer that there is no business address 26
available for the high -volume third-party seller; and 27
(C) Inform a consumer that any consumer inquiries should 28
be submitted to the high -volume third-party seller by telephone or email; 29
(2) The high-volume third-party seller demonstrates to the 30
online marketplace that the seller is a business that has a physical address 31
for consumer product returns, then the online marketplace may direct the 32
high-volume third-party seller to disclose the high -volume third-party 33
seller's physical address for consumer product returns; or 34
(3) A high-volume third-party seller demonstrates to the online 35
marketplace that the high -volume third-party seller only has a personal 36 SB405
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telephone number, the online marketplace shall inform consumers that there is 1
no telephone number available for the high -volume third-party seller and that 2
any consumer inquiries should be submitted to the high -volume third-party 3
seller's email address. 4
(e) If an online marketplace becomes aware that a high -volume third-5
party seller has made a false representation to the online marketplace in 6
order to justify the provision of a partial disclosure under subsection (d) 7
of this section or that a high -volume third-party seller who has requested 8
and received a provision for a partial disclosure under subsection (d) of 9
this section has not provided responsive answers within a reasonable time 10
frame to consumer inquiries submitted to the high -volume third-party seller 11
by telephone or email address, then the online marketplace shall withdraw its 12
provision for partial disclosure and require full disclosure of the high -13
volume third-party seller's identity information required under subsection 14
(c) of this section within three (3) ten (10) business days' notice to the 15
high-volume third-party seller. 16
(f) An online marketplace shall disclose to a consumer, in a 17
conspicuous manner and in bold print on the consumer product listing of any 18
high-volume third-party seller, a reporting mechanism that allows for 19
electronic and telephonic reporting of suspicious marketplace activity to the 20
online marketplace and a message encouraging individuals seeking goods for 21
purchase to report suspicious activity to the online marketplace. 22
(g) In addition to the requirements of subsection (f) of this section, 23
an online marketplace that warehouses, distributes, or otherwise fulfills a 24
consumer product order shall disclose to the consumer the identification of 25
any high-volume third-party seller supplying the consumer product if 26
different than the seller listed on the product listing page. 27
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