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
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
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.
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A BILL FOR
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1 AN ACT concerning business.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Integrity, Notification, and
5 Fairness in Online Retail Marketplaces for Consumers (INFORM
6 Consumers) Act is amended by changing Section 1-10 as follows:
7 (815 ILCS 356/1-10)
8 Sec. 1-10. Online marketplace verification.
9 (a) Online marketplaces shall require that any high-volume
10 third-party seller on the online marketplace's platform
11 provide the online marketplace with the following information
12 no later than 10 days after qualifying as a high-volume
13 third-party seller on the platform:
14 (1) A bank account number, or, if the high-volume
15 third-party seller does not have a bank account, the name
16 of the payee for payments issued by the online marketplace
17 to the high-volume third-party seller. The bank account or
18 payee information required may be provided by the seller
19 to the online marketplace or other third parties
20 contracted by the online marketplace to maintain the
21 information, so long as the online marketplace ensures
22 that it can obtain the information on demand from the
23 other third parties.
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
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.
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A BILL FOR
815 ILCS 356/1-10
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1 (2) The contact information for the high-volume
2 third-party seller. If the high-volume third-party seller
3 is an individual, the individual's name shall be provided.
4 If the high-volume third-party seller is not an
5 individual, a copy of a valid government-issued
6 identification for an individual acting on behalf of the
7 seller that includes the individual's name or a copy of a
8 valid government-issued record or tax document that
9 includes the business name and physical address of the
10 seller shall be provided.
11 (3) A business tax identification number or, if the
12 high-volume third-party seller does not have a business
13 tax identification number, a taxpayer identification
14 number.
15 (4) A current working email address and phone number
16 for the high-volume third-party seller.
17 (b) An online marketplace shall periodically, but not less
18 than annually, notify any high-volume third-party seller on
19 the online marketplace's platform of the requirement to keep
20 any information collected under subsection (a) current and
21 require any high-volume third-party seller on the online
22 marketplace's platform to, not later than 10 days after
23 receiving the notice, electronically certify that:
24 (1) the high-volume third-party seller has provided
25 any changes to the information to the online marketplace,
26 if such changes have occurred;
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1 (2) there have been no changes to the high-volume
2 third-party seller's information; or
3 (3) the high-volume third-party seller has provided
4 any changes to such information to the online marketplace.
5 (c) If a high-volume third-party seller does not provide
6 the information or certification required under this Section,
7 the online marketplace, after providing the seller with
8 written or electronic notice and an opportunity to provide the
9 information or certification not later than 10 days after the
10 issuance of the notice, shall suspend any future sales
11 activity of the seller until the seller provides the
12 information or certification.
13 (d) An online marketplace shall verify the information
14 collected under subsection (a) no later than 10 days after the
15 collection and shall verify any change to the information not
16 later than 10 days after being notified of the change by a
17 high-volume third-party seller under subsection (b). If a
18 high-volume third-party seller provides a copy of a valid
19 government-issued tax document, any information contained in
20 the document shall be presumed to be verified as of the date of
21 issuance of the document.
22 (e) An online marketplace shall require any high-volume
23 third-party seller with an aggregate total of $20,000 or more
24 in annual gross revenues on the online marketplace, and that
25 uses the online marketplace's platform, to provide information
26 to the online marketplace that includes the identity of the
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1 high-volume third-party seller, including:
2 (1) the full name of the seller or seller's company
3 name, or the name by which the seller or company operates
4 on the online marketplace;
5 (2) the physical address of the seller;
6 (3) the contact information of the seller including a
7 current working phone number; a current working email
8 address for the seller; or other means of direct
9 electronic messaging that may be provided to the
10 high-volume third-party seller by the online marketplace
11 to allow for the direct, unhindered communication with
12 high-volume third-party sellers by users of the online
13 marketplace; and
14 (4) whether the high-volume third-party seller used a
15 different seller to supply consumer products to consumers
16 upon purchase, and, upon the request of a consumer, the
17 information described in paragraph (1) of this subsection
18 (e) relating to any such seller that supplied the consumer
19 product to the consumer, if the seller is different from
20 the high-volume third-party seller listed on the product
21 listing prior to purchase.
22 (f) An online marketplace shall provide to consumers the
23 information in subsection (e) in a conspicuous manner: (i) in
24 the order confirmation message or other document or
25 communication made to a consumer after a purchase is
26 finalized; and (ii) in the consumer's account transaction
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1 history.
2 (g) Upon the request of a high-volume third-party seller,
3 an online marketplace may provide for partial disclosure of
4 the identity information required under subsection (e) as
5 follows:
6 (1) If the high-volume third-party seller certifies to
7 the online marketplace that the seller does not have a
8 business address and only has a residential street
9 address, or has a combined business and residential
10 address, the online marketplace may disclose only the
11 country and, if applicable, the state in which the
12 high-volume third-party seller resides; and inform
13 consumers that there is no business address available for
14 the seller and that consumer inquiries should be submitted
15 to the seller by phone, email, or other means of
16 electronic messaging provided to the seller by the online
17 marketplace.
18 (2) If the high-volume third-party seller certifies to
19 the online marketplace that the seller is a business that
20 has a physical address for product returns, the online
21 marketplace may disclose the seller's physical address for
22 product returns.
23 (3) If a high-volume third-party seller certifies to
24 the online marketplace that the seller does not have a
25 phone number other than a personal phone number, the
26 online marketplace shall inform consumers that there is no
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1 phone number available for the seller and that consumer
2 inquiries should be submitted to the seller's email
3 address or other means of electronic messaging provided to
4 the seller by the online marketplace.
5 (h) If an online marketplace becomes aware that a
6 high-volume third-party seller has made a false representation
7 to the online marketplace in order to justify the provision of
8 a partial disclosure under subsection (g) or that a
9 high-volume third-party seller who has requested and received
10 a provision for a partial disclosure under subsection (g) has
11 not provided responsive answers within a reasonable time to
12 consumer inquiries submitted to the seller by phone, email, or
13 other means of electronic messaging provided to the seller by
14 the online marketplace, the online marketplace shall, after
15 providing the seller with written or electronic notice and an
16 opportunity to respond not later than 10 days after the
17 issuance of the notice, suspend any future sales activity of
18 the seller unless the seller consents to the disclosure of the
19 identity information required under subsection (e).
20 (i) If a high-volume third-party seller does not comply
21 with the requirements to provide and disclose information
22 under this Section, the online marketplace, after providing
23 the seller with written or electronic notice and an
24 opportunity to provide or disclose the information not later
25 than 10 days after the issuance of the notice, shall suspend
26 any future sales activity of the seller until the seller
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1 complies with the requirements.
2 (j) An online marketplace shall disclose to consumers in a
3 clear and conspicuous manner on the product listing of any
4 high-volume third-party seller a reporting mechanism that
5 allows for electronic and telephonic reporting of suspicious
6 marketplace activity to the online marketplace.
7 (j-5) An online marketplace shall:
8 (1) verify and certify that each consumer product
9 advertised on its platform by a high-volume third-party
10 seller was produced, procured, purchased, or acquired in a
11 lawful manner;
12 (2) identify, on its Internet website or application,
13 the high-volume third-party sellers that are certified as
14 operating in a legal and ethical manner and develop a
15 means of making the certification required by paragraph
16 (1) through which a high-volume third-party seller is able
17 to prove that the consumer products that they sell are
18 lawfully produced, procured, purchased, or acquired by the
19 seller, including, at a minimum, the elements required
20 under paragraph (1) of subsection (a), as well as evidence
21 of lawful production, procurement, or purchase in the form
22 of receipts, invoices, shopkeeping units (SKUs), serial
23 numbers, or other evidence;
24 (3) alert local, regional, or State law enforcement
25 agencies if it suspects that a person or entity is selling
26 or attempting to sell stolen goods to a resident of this
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1 State; and
2 (4) prevent a person or entity from utilizing its
3 platform or other services if it suspects that a person or
4 entity is selling stolen goods.
5 (k) Information collected solely to comply with the
6 requirements of this Section may not be used for any other
7 purpose unless required by law. An online marketplace shall
8 implement and maintain reasonable security procedures and
9 practices, including administrative, physical, and technical
10 safeguards, appropriate to the nature of the data and the
11 purposes for which the data will be used, to protect the data
12 collected under this Section from unauthorized use,
13 disclosure, access, destruction, or modification.
14 Notwithstanding anything to the contrary in this subsection,
15 the Attorney General may request, by subpoena or otherwise,
16 and use any information collected to comply with the
17 requirements of this Section to enforce the provisions of this
18 Act as set forth in subsection (l).
19 (l) If the Attorney General has reason to believe that any
20 person has violated this Act, the Attorney General may bring
21 an action in the name of the People of the State against the
22 person or entity for the following remedies: to restrain by
23 (1) preliminary or permanent injunction on the use of
24 methods, acts, or practices in violation of this Act; such
25 a method, act, or practice
26 (2) a civil penalty not to exceed $10,000 per
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1 violation; and
2 (3) reasonable attorney's fees and costs, including
3 expert witness fees and other litigation expenses.
4 The court, in its discretion, may exercise all powers
5 necessary, including, but not limited to: injunction;
6 revocation, forfeiture, or suspension of any license, charter,
7 franchise, certificate, or other evidence of authority of any
8 person to do business in this State; appointment of a
9 receiver; dissolution of domestic corporations or associations
10 or suspension or termination of the right of foreign
11 corporations or associations to do business in this State; and
12 restitution. In the administration of this Section, the
13 Attorney General may accept an Assurance of Voluntary
14 Compliance with respect to any method, act, or practice deemed
15 to be violative of this Act from any person who has engaged in,
16 is engaging in, or was about to engage in such a method, act,
17 or practice. Evidence of a violation of an Assurance of
18 Voluntary Compliance shall be prima facie evidence of a
19 violation of this Act in any subsequent proceeding brought by
20 the Attorney General against the alleged violator. The
21 Attorney General shall be empowered to issue subpoenas to or
22 examine under oath any person alleged to have participated in
23 or to have knowledge of the alleged method, act, or practice in
24 violation of this Act. Nothing in this Act creates or is
25 intended to create a private right of action against any
26 high-volume third-party seller, online marketplace seller, or
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