IL
Illinois Senate Bill SB2001

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2001 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2001 Introduced 2/6/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: 815 ILCS 356/1-10 Amends the Illinois Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers (INFORM Consumers) Act. Provides that an online marketplace shall verify and certify that each consumer product advertised on its platform by a high-volume third-party seller was produced, procured, purchased, or acquired in a lawful manner. Provides that an online marketplace shall identify, on its Internet website or application, the high-volume third-party sellers that are certified as operating in a legal and ethical manner and develop a means of making the certification. Provides that an online marketplace shall alert local, regional, or State law enforcement agencies if it suspects that a person or entity is selling or attempting to sell stolen goods to a resident of the State. Provides that an online marketplace shall prevent a person or entity from utilizing its platform or other services if it suspects that a person or entity is selling stolen goods. Provides that, if the Attorney General has reason to believe that any person has violated the Act, the Attorney General may bring an action against the person for a civil penalty not to exceed $10,000 per violation and reasonable attorney's fees and costs. LRB104 02914 SPS 12930 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2001 Introduced 2/6/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: 815 ILCS 356/1-10 815 ILCS 356/1-10 Amends the Illinois Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers (INFORM Consumers) Act. Provides that an online marketplace shall verify and certify that each consumer product advertised on its platform by a high-volume third-party seller was produced, procured, purchased, or acquired in a lawful manner. Provides that an online marketplace shall identify, on its Internet website or application, the high-volume third-party sellers that are certified as operating in a legal and ethical manner and develop a means of making the certification. Provides that an online marketplace shall alert local, regional, or State law enforcement agencies if it suspects that a person or entity is selling or attempting to sell stolen goods to a resident of the State. Provides that an online marketplace shall prevent a person or entity from utilizing its platform or other services if it suspects that a person or entity is selling stolen goods. Provides that, if the Attorney General has reason to believe that any person has violated the Act, the Attorney General may bring an action against the person for a civil penalty not to exceed $10,000 per violation and reasonable attorney's fees and costs. LRB104 02914 SPS 12930 b LRB104 02914 SPS 12930 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2001 Introduced 2/6/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
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55 Amends the Illinois Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers (INFORM Consumers) Act. Provides that an online marketplace shall verify and certify that each consumer product advertised on its platform by a high-volume third-party seller was produced, procured, purchased, or acquired in a lawful manner. Provides that an online marketplace shall identify, on its Internet website or application, the high-volume third-party sellers that are certified as operating in a legal and ethical manner and develop a means of making the certification. Provides that an online marketplace shall alert local, regional, or State law enforcement agencies if it suspects that a person or entity is selling or attempting to sell stolen goods to a resident of the State. Provides that an online marketplace shall prevent a person or entity from utilizing its platform or other services if it suspects that a person or entity is selling stolen goods. Provides that, if the Attorney General has reason to believe that any person has violated the Act, the Attorney General may bring an action against the person for a civil penalty not to exceed $10,000 per violation and reasonable attorney's fees and costs.
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1111 1 AN ACT concerning business.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Integrity, Notification, and
1515 5 Fairness in Online Retail Marketplaces for Consumers (INFORM
1616 6 Consumers) Act is amended by changing Section 1-10 as follows:
1717 7 (815 ILCS 356/1-10)
1818 8 Sec. 1-10. Online marketplace verification.
1919 9 (a) Online marketplaces shall require that any high-volume
2020 10 third-party seller on the online marketplace's platform
2121 11 provide the online marketplace with the following information
2222 12 no later than 10 days after qualifying as a high-volume
2323 13 third-party seller on the platform:
2424 14 (1) A bank account number, or, if the high-volume
2525 15 third-party seller does not have a bank account, the name
2626 16 of the payee for payments issued by the online marketplace
2727 17 to the high-volume third-party seller. The bank account or
2828 18 payee information required may be provided by the seller
2929 19 to the online marketplace or other third parties
3030 20 contracted by the online marketplace to maintain the
3131 21 information, so long as the online marketplace ensures
3232 22 that it can obtain the information on demand from the
3333 23 other third parties.
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2001 Introduced 2/6/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
3838 815 ILCS 356/1-10 815 ILCS 356/1-10
3939 815 ILCS 356/1-10
4040 Amends the Illinois Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers (INFORM Consumers) Act. Provides that an online marketplace shall verify and certify that each consumer product advertised on its platform by a high-volume third-party seller was produced, procured, purchased, or acquired in a lawful manner. Provides that an online marketplace shall identify, on its Internet website or application, the high-volume third-party sellers that are certified as operating in a legal and ethical manner and develop a means of making the certification. Provides that an online marketplace shall alert local, regional, or State law enforcement agencies if it suspects that a person or entity is selling or attempting to sell stolen goods to a resident of the State. Provides that an online marketplace shall prevent a person or entity from utilizing its platform or other services if it suspects that a person or entity is selling stolen goods. Provides that, if the Attorney General has reason to believe that any person has violated the Act, the Attorney General may bring an action against the person for a civil penalty not to exceed $10,000 per violation and reasonable attorney's fees and costs.
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6868 1 (2) The contact information for the high-volume
6969 2 third-party seller. If the high-volume third-party seller
7070 3 is an individual, the individual's name shall be provided.
7171 4 If the high-volume third-party seller is not an
7272 5 individual, a copy of a valid government-issued
7373 6 identification for an individual acting on behalf of the
7474 7 seller that includes the individual's name or a copy of a
7575 8 valid government-issued record or tax document that
7676 9 includes the business name and physical address of the
7777 10 seller shall be provided.
7878 11 (3) A business tax identification number or, if the
7979 12 high-volume third-party seller does not have a business
8080 13 tax identification number, a taxpayer identification
8181 14 number.
8282 15 (4) A current working email address and phone number
8383 16 for the high-volume third-party seller.
8484 17 (b) An online marketplace shall periodically, but not less
8585 18 than annually, notify any high-volume third-party seller on
8686 19 the online marketplace's platform of the requirement to keep
8787 20 any information collected under subsection (a) current and
8888 21 require any high-volume third-party seller on the online
8989 22 marketplace's platform to, not later than 10 days after
9090 23 receiving the notice, electronically certify that:
9191 24 (1) the high-volume third-party seller has provided
9292 25 any changes to the information to the online marketplace,
9393 26 if such changes have occurred;
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104104 1 (2) there have been no changes to the high-volume
105105 2 third-party seller's information; or
106106 3 (3) the high-volume third-party seller has provided
107107 4 any changes to such information to the online marketplace.
108108 5 (c) If a high-volume third-party seller does not provide
109109 6 the information or certification required under this Section,
110110 7 the online marketplace, after providing the seller with
111111 8 written or electronic notice and an opportunity to provide the
112112 9 information or certification not later than 10 days after the
113113 10 issuance of the notice, shall suspend any future sales
114114 11 activity of the seller until the seller provides the
115115 12 information or certification.
116116 13 (d) An online marketplace shall verify the information
117117 14 collected under subsection (a) no later than 10 days after the
118118 15 collection and shall verify any change to the information not
119119 16 later than 10 days after being notified of the change by a
120120 17 high-volume third-party seller under subsection (b). If a
121121 18 high-volume third-party seller provides a copy of a valid
122122 19 government-issued tax document, any information contained in
123123 20 the document shall be presumed to be verified as of the date of
124124 21 issuance of the document.
125125 22 (e) An online marketplace shall require any high-volume
126126 23 third-party seller with an aggregate total of $20,000 or more
127127 24 in annual gross revenues on the online marketplace, and that
128128 25 uses the online marketplace's platform, to provide information
129129 26 to the online marketplace that includes the identity of the
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140140 1 high-volume third-party seller, including:
141141 2 (1) the full name of the seller or seller's company
142142 3 name, or the name by which the seller or company operates
143143 4 on the online marketplace;
144144 5 (2) the physical address of the seller;
145145 6 (3) the contact information of the seller including a
146146 7 current working phone number; a current working email
147147 8 address for the seller; or other means of direct
148148 9 electronic messaging that may be provided to the
149149 10 high-volume third-party seller by the online marketplace
150150 11 to allow for the direct, unhindered communication with
151151 12 high-volume third-party sellers by users of the online
152152 13 marketplace; and
153153 14 (4) whether the high-volume third-party seller used a
154154 15 different seller to supply consumer products to consumers
155155 16 upon purchase, and, upon the request of a consumer, the
156156 17 information described in paragraph (1) of this subsection
157157 18 (e) relating to any such seller that supplied the consumer
158158 19 product to the consumer, if the seller is different from
159159 20 the high-volume third-party seller listed on the product
160160 21 listing prior to purchase.
161161 22 (f) An online marketplace shall provide to consumers the
162162 23 information in subsection (e) in a conspicuous manner: (i) in
163163 24 the order confirmation message or other document or
164164 25 communication made to a consumer after a purchase is
165165 26 finalized; and (ii) in the consumer's account transaction
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176176 1 history.
177177 2 (g) Upon the request of a high-volume third-party seller,
178178 3 an online marketplace may provide for partial disclosure of
179179 4 the identity information required under subsection (e) as
180180 5 follows:
181181 6 (1) If the high-volume third-party seller certifies to
182182 7 the online marketplace that the seller does not have a
183183 8 business address and only has a residential street
184184 9 address, or has a combined business and residential
185185 10 address, the online marketplace may disclose only the
186186 11 country and, if applicable, the state in which the
187187 12 high-volume third-party seller resides; and inform
188188 13 consumers that there is no business address available for
189189 14 the seller and that consumer inquiries should be submitted
190190 15 to the seller by phone, email, or other means of
191191 16 electronic messaging provided to the seller by the online
192192 17 marketplace.
193193 18 (2) If the high-volume third-party seller certifies to
194194 19 the online marketplace that the seller is a business that
195195 20 has a physical address for product returns, the online
196196 21 marketplace may disclose the seller's physical address for
197197 22 product returns.
198198 23 (3) If a high-volume third-party seller certifies to
199199 24 the online marketplace that the seller does not have a
200200 25 phone number other than a personal phone number, the
201201 26 online marketplace shall inform consumers that there is no
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212212 1 phone number available for the seller and that consumer
213213 2 inquiries should be submitted to the seller's email
214214 3 address or other means of electronic messaging provided to
215215 4 the seller by the online marketplace.
216216 5 (h) If an online marketplace becomes aware that a
217217 6 high-volume third-party seller has made a false representation
218218 7 to the online marketplace in order to justify the provision of
219219 8 a partial disclosure under subsection (g) or that a
220220 9 high-volume third-party seller who has requested and received
221221 10 a provision for a partial disclosure under subsection (g) has
222222 11 not provided responsive answers within a reasonable time to
223223 12 consumer inquiries submitted to the seller by phone, email, or
224224 13 other means of electronic messaging provided to the seller by
225225 14 the online marketplace, the online marketplace shall, after
226226 15 providing the seller with written or electronic notice and an
227227 16 opportunity to respond not later than 10 days after the
228228 17 issuance of the notice, suspend any future sales activity of
229229 18 the seller unless the seller consents to the disclosure of the
230230 19 identity information required under subsection (e).
231231 20 (i) If a high-volume third-party seller does not comply
232232 21 with the requirements to provide and disclose information
233233 22 under this Section, the online marketplace, after providing
234234 23 the seller with written or electronic notice and an
235235 24 opportunity to provide or disclose the information not later
236236 25 than 10 days after the issuance of the notice, shall suspend
237237 26 any future sales activity of the seller until the seller
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248248 1 complies with the requirements.
249249 2 (j) An online marketplace shall disclose to consumers in a
250250 3 clear and conspicuous manner on the product listing of any
251251 4 high-volume third-party seller a reporting mechanism that
252252 5 allows for electronic and telephonic reporting of suspicious
253253 6 marketplace activity to the online marketplace.
254254 7 (j-5) An online marketplace shall:
255255 8 (1) verify and certify that each consumer product
256256 9 advertised on its platform by a high-volume third-party
257257 10 seller was produced, procured, purchased, or acquired in a
258258 11 lawful manner;
259259 12 (2) identify, on its Internet website or application,
260260 13 the high-volume third-party sellers that are certified as
261261 14 operating in a legal and ethical manner and develop a
262262 15 means of making the certification required by paragraph
263263 16 (1) through which a high-volume third-party seller is able
264264 17 to prove that the consumer products that they sell are
265265 18 lawfully produced, procured, purchased, or acquired by the
266266 19 seller, including, at a minimum, the elements required
267267 20 under paragraph (1) of subsection (a), as well as evidence
268268 21 of lawful production, procurement, or purchase in the form
269269 22 of receipts, invoices, shopkeeping units (SKUs), serial
270270 23 numbers, or other evidence;
271271 24 (3) alert local, regional, or State law enforcement
272272 25 agencies if it suspects that a person or entity is selling
273273 26 or attempting to sell stolen goods to a resident of this
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284284 1 State; and
285285 2 (4) prevent a person or entity from utilizing its
286286 3 platform or other services if it suspects that a person or
287287 4 entity is selling stolen goods.
288288 5 (k) Information collected solely to comply with the
289289 6 requirements of this Section may not be used for any other
290290 7 purpose unless required by law. An online marketplace shall
291291 8 implement and maintain reasonable security procedures and
292292 9 practices, including administrative, physical, and technical
293293 10 safeguards, appropriate to the nature of the data and the
294294 11 purposes for which the data will be used, to protect the data
295295 12 collected under this Section from unauthorized use,
296296 13 disclosure, access, destruction, or modification.
297297 14 Notwithstanding anything to the contrary in this subsection,
298298 15 the Attorney General may request, by subpoena or otherwise,
299299 16 and use any information collected to comply with the
300300 17 requirements of this Section to enforce the provisions of this
301301 18 Act as set forth in subsection (l).
302302 19 (l) If the Attorney General has reason to believe that any
303303 20 person has violated this Act, the Attorney General may bring
304304 21 an action in the name of the People of the State against the
305305 22 person or entity for the following remedies: to restrain by
306306 23 (1) preliminary or permanent injunction on the use of
307307 24 methods, acts, or practices in violation of this Act; such
308308 25 a method, act, or practice
309309 26 (2) a civil penalty not to exceed $10,000 per
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320320 1 violation; and
321321 2 (3) reasonable attorney's fees and costs, including
322322 3 expert witness fees and other litigation expenses.
323323 4 The court, in its discretion, may exercise all powers
324324 5 necessary, including, but not limited to: injunction;
325325 6 revocation, forfeiture, or suspension of any license, charter,
326326 7 franchise, certificate, or other evidence of authority of any
327327 8 person to do business in this State; appointment of a
328328 9 receiver; dissolution of domestic corporations or associations
329329 10 or suspension or termination of the right of foreign
330330 11 corporations or associations to do business in this State; and
331331 12 restitution. In the administration of this Section, the
332332 13 Attorney General may accept an Assurance of Voluntary
333333 14 Compliance with respect to any method, act, or practice deemed
334334 15 to be violative of this Act from any person who has engaged in,
335335 16 is engaging in, or was about to engage in such a method, act,
336336 17 or practice. Evidence of a violation of an Assurance of
337337 18 Voluntary Compliance shall be prima facie evidence of a
338338 19 violation of this Act in any subsequent proceeding brought by
339339 20 the Attorney General against the alleged violator. The
340340 21 Attorney General shall be empowered to issue subpoenas to or
341341 22 examine under oath any person alleged to have participated in
342342 23 or to have knowledge of the alleged method, act, or practice in
343343 24 violation of this Act. Nothing in this Act creates or is
344344 25 intended to create a private right of action against any
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