Bills · 2021-2022 Regular Session
Relating to: information disclosure by online marketplaces related to high-volume sellers and granting rule-making authority. (FE)
Agriculture trade and consumer protection department of Sales Trade practice
- Introduced, stopped here
- Passes Senate, not reached
- Passes Assembly, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
This bill establishes various requirements related to third-party sellers and
the online marketplaces through which they sell consumer products. Under the bill,
third-party sellers who complete at least 200 sales through a particular online
marketplace over a 12-month period that have a total revenue of at least $20,000 are
considered “high-volume third-party sellers” and must disclose their full name,
physical address, telephone number, and email address and certain banking
information to the online marketplace. Online marketplaces must verify this
information and annually check with high-volume third-party sellers for updated
information. If a high-volume third-party seller fails to respond within 10 days to
an inquiry for updated information, an online marketplace must suspend the seller
from participating on its marketplace.
The bill also requires online marketplaces to conspicuously disclose
high-volume third-party sellers' contact information to consumers, subject to
certain exceptions. If a high-volume third-party seller is an individual, the
individual may prevent the online marketplace from disclosing the individual's
residential address and personal telephone number. Under the bill, online
marketplaces must also provide a mechanism for consumers to report electronically
or by telephone suspicious marketplace activity by a high-volume third-party seller.
The Department of Agriculture, Trade and Consumer Protection enforces the
bill's requirements and may promulgate rules necessary for implementing the bill.
A violation of the bill's requirements is an unfair trade practice. Under current law,
DATCP may issue special orders against a person enjoining the use of any unfair
trade practice and may commence an action in court to restrain a person from
violating a special order. The bill also prohibits cities, villages, towns, and counties
from enacting or enforcing their own requirements related to requiring online
marketplaces to verify information involving high-volume third-party sellers or to
disclose information to consumers.
What it would cost
Fiscal estimates filed by state agencies, as official PDFs
Sponsors
Introduced by: Felzkowski (R) , Roth (R) , Wanggaard (R)
9 cosponsors
Dallman (R) , Dittrich (R) , Gundrum (R) , Mursau (R) , Subeck (D) , Summerfield (R) , Swearingen (R) , Thiesfeldt (R) , Tusler (R)
Full history
- Nov 19, 2021 · Senate
Introduced by Senators Roth, Felzkowski and Wanggaard; cosponsored by Representatives Dallman, Summerfield, Dittrich, Gundrum, Mursau, Subeck, Thiesfeldt, Swearingen and Tusler
- Nov 19, 2021 · Senate
Read first time and referred to Committee on Government Operations, Legal Review and Consumer Protection
- Jan 10, 2022 · Senate
Fiscal estimate received
- Mar 15, 2022 · Senate
Failed to pass pursuant to Senate Joint Resolution 1