RÉSUMÉ DIGEST
ACT 316 (SB 442) 2022 Regular Session Ward
New law defines "consumer product", "high-volume third-party seller", "online marketplace",
"seller", "third-party seller", and "verify".
New law provides that an online marketplace shall require a high-volume third-party seller
to provide the following information not later than 10 days after qualifying a high-volume
third-party seller on the platform:
(1)A bank account number, in the absence of a bank account, the name of payee for
payments issued by the online marketplace. The bank account or payee information
may be provided directly to the online marketplace or to a third-party contracted by
the online marketplace.
(2)Contact information for the high-volume third-party seller, including the following:
(a)The individual's name if the high-volume third-party seller is an individual.
(b)If the high-volume third-party seller is not an individual, the following shall
be provided:
(i)Copy of a valid government-issued identification; or
(ii)A copy of a valid government-issued record or tax document.
(3)A current working phone number and email address.
New law provides that periodically, but not less than annually, an online marketplace shall
notify a high-volume third-party seller on its platform to keep all required information
current.
New law provides that an online market place shall require a high-volume third-party seller
to electronically certify whether the high-volume third-party seller has changed information
no later than 10 days after receiving an annual notice.
New law provides that if the high-volume third-party seller does not provide the information
or certification required, the online marketplace shall, after first providing the seller with
written notice, suspend any further sales activity of the seller.
New law provides that within 10 days of receiving the information from sellers the
marketplace shall verify the information collected.
New law provides for data security requirements and limitations.
New law provides that an online marketplace shall require a high-volume third-party seller
with an aggregate total of $20,000 or more in annual revenue to provide the following
information in the consumer's order confirmation message and account history:
(1)The name and physical address of the seller.
(2)The phone number, email address, or direct electronic messaging contact information
of the seller.
New law provides that if a high-volume third-party seller uses a different seller to supply the
consumer product to the consumer that seller must disclose information required by new law
to the purchaser, if requested by the purchaser to do so.
New law allows a high-volume third-party seller to request a partial disclosure of identifying
information if the seller demonstrates he does not have a physical address or a business
phone number. New law authorizes an online marketplace to suspend any future sales of the seller, if the
seller has made a false representation to justify partial disclosure of identifying information,
unless the seller consents to the disclosure of the identity required by new law.
New law provides relative to violations for deceptive and unfair trade practices.
Effective January 1, 2023.
(Adds R.S. 51:3221-3226)