II 

117TH CONGRESS 

1ST SESSION S. 936 

To require online marketplaces to collect, verify, and disclose certain information regarding high-volume third party sellers of consumer products to 

inform consumers. 

IN THE SENATE OF THE UNITED STATES 

MARCH 23, 2021 

Mr. DURBIN (for himself, Mr. CASSIDY, Mr. GRASSLEY, Ms. HIRONO, Mr. 

COONS, and Mr. TILLIS) introduced the following bill; which was read 

twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To require online marketplaces to collect, verify, and disclose 

certain information regarding high-volume third party 

sellers of consumer products to inform consumers. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Integrity, Notification, 

5 and Fairness in Online Retail Marketplaces for Con6 sumers Act’’ or the ‘‘INFORM Consumers Act’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 936 IS

1 SEC. 2. COLLECTION, VERIFICATION, AND DISCLOSURE OF 

2 INFORMATION BY ONLINE MARKETPLACES 

3 TO INFORM CONSUMERS. 

4 (a) COLLECTION AND VERIFICATION OF INFORMA5 TION.— 

6 (1) COLLECTION.— 

7 (A) IN GENERAL.—An online marketplace 

8 shall require any high-volume third party seller 

9 on such online marketplace’s platform to pro10 vide, not later than 2 business days after quali11 fying as a high-volume third party seller on the 

12 platform, the following information to the on13 line marketplace: 

14 (i) BANK ACCOUNT.— 

15 (I) IN GENERAL.—A bank ac16 count number, or, if such seller does 

17 not have a bank account, the name of 

18 the payee for payments issued by the 

19 online marketplace to such seller. 

20 (II) PROVISION OF INFORMA21 TION.—The bank account or payee in22 formation required under subclause 

23 (I) may be provided by the seller in 

24 the following ways: 

25 (aa) To the online market26 place. 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 936 IS

1 (bb) To a payment processor 

2 or other third party contracted 

3 by the online marketplace to 

4 maintain such information, pro5 vided that the online marketplace 

6 ensures that it can obtain such 

7 information on demand from 

8 such payment processor or other 

9 third party. 

10 (ii) CONTACT INFORMATION.—Contact 

11 information for such seller as follows: 

12 (I) With respect to a high-volume 

13 third party seller that is an individual, 

14 a copy of a valid government-issued 

15 identification for the individual that 

16 includes the individual’s name and 

17 physical address. 

18 (II) With respect to a high-vol19 ume third party seller that is not an 

20 individual, one of the following forms 

21 of contact information: 

22 (aa) A copy of a valid gov23 ernment-issued identification for 

24 an individual acting on behalf of 

25 such seller that includes the indiVerDate Sep 11 2014 04:42 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S936.IS S936

pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 936 IS

1 vidual’s name and physical ad2 dress. 

3 (bb) A copy of a valid gov4 ernment-issued record or tax doc5 ument that includes the business 

6 name and physical address of 

7 such seller. 

8 (iii) TAX ID.—A business tax identi9 fication number, or, if such seller does not 

10 have a business tax identification number, 

11 a taxpayer identification number. 

12 (iv) WORKING EMAIL AND PHONE

13 NUMBER.—A current working email ad14 dress and phone number for such seller. 

15 (B) NOTIFICATION OF CHANGE; ANNUAL

16 CERTIFICATION.— 

17 (i) IN GENERAL.—An online market18 place shall require any high-volume third 

19 party seller on such online marketplace’s 

20 platform to promptly notify the online 

21 marketplace of any change to the informa22 tion collected under subparagraph (A). 

23 (ii) ANNUAL CERTIFICATION.—Not 

24 later than 1 year after the date of enactVerDate Sep 11 2014 04:42 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S936.IS S936

pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 936 IS

1 ment of this Act and annually thereafter, 

2 an online marketplace shall— 

3 (I) inform any high-volume third 

4 party seller on such online market5 place’s platform of the notification re6 quirement described in clause (i); and 

7 (II) instruct any such seller to 

8 electronically certify, not later than 3 

9 business days after receiving such in10 struction, that— 

11 (aa) there have been no 

12 changes to such seller’s informa13 tion; or 

14 (bb) such seller has provided 

15 any changes to such information 

16 to the online marketplace. 

17 (iii) SUSPENSION.—In the event that 

18 an online marketplace does not receive the 

19 annual certification from a high-volume 

20 third party seller required under clause 

21 (ii), the online marketplace shall suspend 

22 any future sales activity of such seller or 

23 any payments to such seller for prior sales 

24 activity until such seller provides such cer25 tification. 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 936 IS

1 (2) VERIFICATION.— 

2 (A) IN GENERAL.—An online marketplace 

3 shall— 

4 (i) verify the information collected 

5 under paragraph (1)(A) not later than 3 

6 business days after such collection; and 

7 (ii) verify any change to such informa8 tion not later than 3 business days after 

9 being notified of such change by a high10 volume third party seller under paragraph 

11 (1)(B). 

12 (B) PRESUMPTION OF VERIFICATION.—In 

13 the case of a high-volume third party seller that 

14 provides a copy of a valid government-issued 

15 tax document, any information contained in 

16 such document shall be presumed to be verified 

17 as of the date of issuance of such document. 

18 (b) DISCLOSURE REQUIRED.— 

19 (1) REQUIREMENT.— 

20 (A) IN GENERAL.—An online marketplace 

21 shall— 

22 (i) require any high-volume third 

23 party seller on such online marketplace’s 

24 platform to provide the information deVerDate Sep 11 2014 04:42 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S936.IS S936

pbinns on DSKJLVW7X2PROD with BILLS
7 

•S 936 IS

1 scribed in subparagraph (B) to the online 

2 marketplace; and 

3 (ii) disclose the information described 

4 in subparagraph (B) to consumers in a 

5 clear and conspicuous manner on the prod6 uct listing or (for information other than 

7 such seller’s identification) through a clear 

8 and conspicuously placed link on the prod9 uct listing or in close proximity to the 

10 physical product. 

11 (B) INFORMATION DESCRIBED.—The in12 formation described in this subparagraph is the 

13 following: 

14 (i) Subject to paragraph (2), the iden15 tity of the high-volume third party seller, 

16 including— 

17 (I) the full name of the seller; 

18 (II) the physical address of the 

19 seller; 

20 (III) whether the seller also en21 gages in the manufacturing, import22 ing, or reselling of consumer products; 

23 and 

24 (IV) contact information for the 

25 seller, including— 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•S 936 IS

1 (aa) a current working 

2 phone number; and 

3 (bb) a current working email 

4 address or other means of elec5 tronic messaging (which may be 

6 provided to such seller by the on7 line marketplace). 

8 (ii) The identification of any seller 

9 that supplies the consumer product to the 

10 consumer upon purchase, if such seller is 

11 different than the high-volume third party 

12 seller listed on the product listing prior to 

13 purchase. 

14 (2) EXCEPTION.— 

15 (A) IN GENERAL.—Subject to subpara16 graph (B), upon the request of a high-volume 

17 third party seller, an online marketplace may 

18 provide for partial disclosure of the identity in19 formation required under paragraph (1)(B)(i) 

20 in the following situations: 

21 (i) If such seller certifies to the online 

22 marketplace that the seller does not have 

23 a business address and only has a residen24 tial street address, the online marketplace 

25 may— 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•S 936 IS

1 (I) disclose only the country and, 

2 if applicable, the State in which such 

3 seller resides; and 

4 (II) inform consumers that there 

5 is no business address available for 

6 the seller and that consumer inquiries 

7 should be submitted to the seller by 

8 phone, email, or other means of elec9 tronic messaging provided to such 

10 seller by the online marketplace. 

11 (ii) If such seller certifies to the online 

12 marketplace that the seller is a business 

13 that has a physical address for product re14 turns, the online marketplace may disclose 

15 the seller’s physical address for product re16 turns. 

17 (iii) If such seller certifies to the on18 line marketplace that the seller does not 

19 have a phone number other than a per20 sonal phone number, the online market21 place shall inform consumers that there is 

22 no phone number available for the seller 

23 and that consumer inquiries should be sub24 mitted to the seller’s email address or 

25 other means of electronic messaging proVerDate Sep 11 2014 04:42 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S936.IS S936

pbinns on DSKJLVW7X2PROD with BILLS
10 

•S 936 IS

1 vided to such seller by the online market2 place. 

3 (B) LIMITATION ON EXCEPTION.—If an 

4 online marketplace becomes aware that a high5 volume third party seller has made a false rep6 resentation to the online marketplace in order 

7 to justify the provision of a partial disclosure 

8 under subparagraph (A) or that a high-volume 

9 third party seller who has requested and re10 ceived a provision for a partial disclosure under 

11 subparagraph (A) has not provided responsive 

12 answers within a reasonable time frame to con13 sumer inquiries submitted to the seller by 

14 phone, email, or other means of electronic mes15 saging provided to such seller by the online 

16 marketplace, the online marketplace shall sus17 pend the selling privileges of such seller unless 

18 such seller consents to the disclosure of the 

19 identity information required under paragraph 

20 (1)(B)(i). 

21 (3) REPORTING MECHANISM.—An online mar22 ketplace shall disclose to consumers in a clear and 

23 conspicuous manner on the product listing of any 

24 high-volume third party seller— 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•S 936 IS

1 (A) a reporting mechanism that allows for 

2 electronic and telephonic reporting of suspicious 

3 marketplace activity to the online marketplace; 

4 and 

5 (B) a message encouraging consumers 

6 seeking goods for purchase to report suspicious 

7 marketplace activity to the online marketplace. 

8 (4) COMPLIANCE.—If a high-volume third party 

9 seller does not comply with the requirements to pro10 vide and disclose information under this subsection, 

11 the online marketplace shall suspend any future 

12 sales activity of such seller or any payments to such 

13 seller for prior sales activity until such seller com14 plies with such requirements. 

15 (c) ENFORCEMENT.— 

16 (1) UNFAIR AND DECEPTIVE ACTS OR PRAC17 TICES.—A violation of subsection (a) or (b) by an 

18 online marketplace shall be treated as a violation of 

19 a rule defining an unfair or deceptive act or practice 

20 prescribed under section 18(a)(1)(B) of the Federal 

21 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 

22 (2) POWERS OF THE COMMISSION.— 

23 (A) IN GENERAL.—The Commission shall 

24 enforce this Act in the same manner, by the 

25 same means, and with the same jurisdiction, 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•S 936 IS

1 powers, and duties as though all applicable 

2 terms and provisions of the Federal Trade 

3 Commission Act (15 U.S.C. 41 et seq.) were in4 corporated into and made a part of this Act. 

5 (B) PRIVILEGES AND IMMUNITIES.—Any 

6 person that violates subsection (a) or (b) shall 

7 be subject to the penalties, and entitled to the 

8 privileges and immunities, provided in the Fed9 eral Trade Commission Act (15 U.S.C. 41 et 

10 seq.). 

11 (3) REGULATIONS.—The Commission may pro12 mulgate regulations under section 553 of title 5, 

13 United States Code, with respect to the collection, 

14 verification, or disclosure of information under this 

15 section, provided that such regulations are limited to 

16 what is necessary to collect, verify, and disclose such 

17 information. 

18 (4) AUTHORITY PRESERVED.—Nothing in this 

19 Act shall be construed to limit the authority of the 

20 Commission under any other provision of law. 

21 (d) SEVERABILITY.—If any provision of this section, 

22 or the application thereof to any person or circumstance, 

23 is held invalid, the remainder of this section and the appli24 cation of such provision to other persons not similarly situVerDate Sep 11 2014 04:42 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S936.IS S936

pbinns on DSKJLVW7X2PROD with BILLS
13 

•S 936 IS

1 ated or to other circumstances shall not be affected by 

2 the invalidation. 

3 (e) DEFINITIONS.—In this Act: 

4 (1) COMMISSION.—The term ‘‘Commission’’ 

5 means the Federal Trade Commission. 

6 (2) CONSUMER PRODUCT.—The term ‘‘con7 sumer product’’ has the meaning given such term in 

8 section 101 of the Magnuson-Moss Warranty—Fed9 eral Trade Commission Improvement Act (15 U.S.C. 

10 2301 note) and section 700.1 of title 16, Code of 

11 Federal Regulations. 

12 (3) HIGH-VOLUME THIRD PARTY SELLER.—The 

13 term ‘‘high-volume third party seller’’ means a par14 ticipant on an online marketplace’s platform who is 

15 a third party seller and who, in any continuous 12- 

16 month period during the previous 24 months, has 

17 entered into 200 or more discrete sales or trans18 actions of new or unused consumer products result19 ing in the accumulation of an aggregate total of 

20 $5,000 or more in gross revenues. 

21 (4) ONLINE MARKETPLACE.—The term ‘‘online 

22 marketplace’’ means any person or entity that oper23 ates an electronically based or accessed platform 

24 that— 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•S 936 IS

1 (A) includes features that allow for, facili2 tate, or enable third party sellers to engage in 

3 the sale, purchase, payment, storage, shipping, 

4 or delivery of a consumer product in the United 

5 States; and 

6 (B) is used by one or more third party sell7 ers for such purposes. 

8 (5) SELLER.—The term ‘‘seller’’ means a per9 son who sells, offers to sell, or contracts to sell a 

10 consumer product through an online marketplace’s 

11 platform. 

12 (6) THIRD PARTY SELLER.— 

13 (A) IN GENERAL.—The term ‘‘third party 

14 seller’’ means any seller, independent of an on15 line marketplace, who sells, offers to sell, or 

16 contracts to sell a consumer product in the 

17 United States through such online market18 place’s platform. 

19 (B) EXCLUSIONS.—The term ‘‘third party 

20 seller’’ does not include, with respect to an on21 line marketplace, a seller— 

22 (i) who operates the online market23 place’s platform; or 

24 (ii) who— 


pbinns on DSKJLVW7X2PROD with BILLS
15 

•S 936 IS

1 (I) is a business entity that has 

2 made available to the general public 

3 the entity’s name, business address, 

4 and working contact information; 

5 (II) has an ongoing contractual 

6 relationship with the online market7 place to provide for the manufacture, 

8 distribution, wholesaling, or fulfill9 ment of shipments of consumer prod10 ucts; and 

11 (III) has provided to the online 

12 marketplace identifying information, 

13 as described in subsection (a), that 

14 has been verified in accordance with 

15 that subsection. 

16 (7) VERIFY.—The term ‘‘verify’’ means to con17 firm information provided to an online marketplace 

18 pursuant to this section by the use of one or more 

19 methods that enable the online marketplace to reli20 ably determine that any information and documents 

21 provided are valid, corresponding to the seller or an 

22 individual acting on the seller’s behalf, not mis23 appropriated, and not falsified. 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•S 936 IS

1 SEC. 3. EFFECTIVE DATE. 

2 This Act shall take effect 180 days after the date of 

3 the enactment of this Act. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS