IIB 
117TH CONGRESS 
2D SESSION 
H. R. 5502 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 17, 2022 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To require online marketplaces to verify certain information 
regarding high-volume third party sellers of consumer 
products on such online marketplaces and to disclose 
to consumers certain contact and other information re-
garding such high-volume third party sellers. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Integrity, Notification, 
and Fairness in Online Retail Marketplaces for Con-
sumers Act’’ or the ‘‘INFORM Consumers Act’’. 
SEC. 2. COLLECTION, VERIFICATION, AND DISCLOSURE OF 
INFORMATION BY ONLINE MARKETPLACES 
TO INFORM CONSUMERS. 
(a) COLLECTION AND VERIFICATION OF INFORMA-
TION.— 
(1) COLLECTION.— 
(A) IN GENERAL.—An online marketplace 
shall require any high-volume third party seller 
on such online marketplace’s platform to pro-
vide, not later than 10 days after qualifying as 
a high-volume third party seller on the plat-
form, the following information to the online 
marketplace: 
(i) BANK ACCOUNT.— 
(I) IN
GENERAL.—A bank ac-
count number, or, if such seller does 
not have a bank account, the name of 
the payee for payments issued by the 
online marketplace to such seller. 
(II) PROVISION
OF
INFORMA-
TION.—The bank account or payee in-
formation required under subclause 
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(I) may be provided by the seller in 
the following ways: 
(aa) To the online market-
place. 
(bb) To a payment processor 
or other third party contracted 
by the online marketplace to 
maintain such information, pro-
vided that the online marketplace 
ensures that it can obtain such 
information within 3 business 
days from such payment proc-
essor or other third party. 
(ii) CONTACT INFORMATION.—Contact 
information for such seller as follows: 
(I) With respect to a high-volume 
third party seller that is an individual, 
the individual’s name. 
(II) With respect to a high-vol-
ume third party seller that is not an 
individual, one of the following forms 
of contact information: 
(aa) A copy of a valid gov-
ernment-issued identification for 
an individual acting on behalf of 
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such seller that includes the indi-
vidual’s name. 
(bb) A copy of a valid gov-
ernment-issued record or tax doc-
ument that includes the business 
name and physical address of 
such seller. 
(iii) TAX ID.—A business tax identi-
fication number, or, if such seller does not 
have a business tax identification number, 
a taxpayer identification number. 
(iv) WORKING
EMAIL
AND
PHONE 
NUMBER.—A current working email ad-
dress and phone number for such seller. 
(B) NOTIFICATION OF CHANGE; ANNUAL 
CERTIFICATION.—An 
online 
marketplace 
shall— 
(i) periodically, but not less than an-
nually, notify any high-volume third party 
seller on such online marketplace’s plat-
form of the requirement to keep any infor-
mation collected under subparagraph (A) 
current; and 
(ii) require any high-volume third 
party seller on such online marketplace’s 
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platform to, not later than 10 days after 
receiving the notice under clause (i), elec-
tronically certify that— 
(I) the seller has provided any 
changes to such information to the 
online 
marketplace, 
if 
any 
such 
changes have occurred; or 
(II) there have been no changes 
to such seller’s information. 
(C) SUSPENSION.—In the event that a 
high-volume third party seller does not provide 
the information or certification required under 
this paragraph, the online marketplace shall, 
after providing the seller with written or elec-
tronic notice and an opportunity to provide 
such information or certification not later than 
10 days after the issuance of such notice, sus-
pend any future sales activity of such seller 
until such seller provides such information or 
certification. 
(2) VERIFICATION.— 
(A) IN GENERAL.—An online marketplace 
shall— 
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(i) verify the information collected 
under paragraph (1)(A) not later than 10 
days after such collection; and 
(ii) verify any change to such informa-
tion not later than 10 days after being no-
tified of such change by a high-volume 
third party seller under paragraph (1)(B). 
(B) PRESUMPTION OF VERIFICATION.—In 
the case of a high-volume third party seller that 
provides a copy of a valid government-issued 
tax document, any information contained in 
such document shall be presumed to be verified 
as of the date of issuance of such document. 
(3) DATA
USE
LIMITATION.—Data collected 
solely to comply with the requirements of this sec-
tion may not be used for any other purpose unless 
required by law. 
(4) DATA SECURITY REQUIREMENT.—An online 
marketplace shall implement and maintain reason-
able security procedures and practices, including ad-
ministrative, physical, and technical safeguards, ap-
propriate to the nature of the data and the purposes 
for which the data will be used, to protect the data 
collected to comply with the requirements of this 
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section from unauthorized use, disclosure, access, de-
struction, or modification. 
(b) DISCLOSURE REQUIRED.— 
(1) REQUIREMENT.— 
(A) IN GENERAL.—An online marketplace 
shall— 
(i) require any high-volume third 
party seller with an aggregate total of 
$20,000 or more in annual gross revenues 
on such online marketplace, and that uses 
such online marketplace’s platform, to pro-
vide the information described in subpara-
graph (B) to the online marketplace; and 
(ii) disclose the information described 
in subparagraph (B) to consumers in a 
clear and conspicuous manner— 
(I) on the product listing page 
(including via hyperlink); or 
(II) in the order confirmation 
message or other document or com-
munication made to the consumer 
after the purchase is finalized and in 
the consumer’s account transaction 
history. 
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(B) INFORMATION
DESCRIBED.—The in-
formation described in this subparagraph is the 
following: 
(i) Subject to paragraph (2), the iden-
tity of the high-volume third party seller, 
including— 
(I) the full name of the seller, 
which may include the seller name or 
seller’s company name, or the name 
by which the seller or company oper-
ates on the online marketplace; 
(II) the physical address of the 
seller; and 
(III) contact information for the 
seller, 
to 
allow 
for 
the 
direct, 
unhindered communication with high- 
volume third party sellers by users of 
the online marketplace, including— 
(aa) 
a 
current 
working 
phone number; 
(bb) a current working email 
address; or 
(cc) other means of direct 
electronic messaging (which may 
be provided to such seller by the 
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online 
marketplace), 
provided 
that the requirements of this 
item shall not prevent an online 
marketplace 
from 
monitoring 
communications between high- 
volume third party sellers and 
users of the online marketplace 
for fraud, abuse, or spam. 
(ii) Whether the high-volume third 
party seller used a different seller to sup-
ply the consumer product to the consumer 
upon purchase, and, upon the request of 
an authenticated purchaser, the informa-
tion described in clause (i) relating to any 
such seller that supplied the consumer 
product to the purchaser, if such seller is 
different than the high-volume third party 
seller listed on the product listing prior to 
purchase. 
(2) EXCEPTION.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), upon the request of a high-volume 
third party seller, an online marketplace may 
provide for partial disclosure of the identity in-
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formation required under paragraph (1)(B)(i) 
in the following situations: 
(i) If such seller certifies to the online 
marketplace that the seller does not have 
a business address and only has a residen-
tial street address, or has a combined busi-
ness and residential address, the online 
marketplace may— 
(I) disclose only the country and, 
if applicable, the State in which such 
seller resides; and 
(II) inform consumers that there 
is no business address available for 
the seller and that consumer inquiries 
should be submitted to the seller by 
phone, email, or other means of elec-
tronic messaging provided to such 
seller by the online marketplace. 
(ii) If such seller certifies to the online 
marketplace that the seller is a business 
that has a physical address for product re-
turns, the online marketplace may disclose 
the seller’s physical address for product re-
turns. 
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(iii) If such seller certifies to the on-
line marketplace that the seller does not 
have a phone number other than a per-
sonal phone number, the online market-
place shall inform consumers that there is 
no phone number available for the seller 
and that consumer inquiries should be sub-
mitted to the seller’s email address or 
other means of electronic messaging pro-
vided to such seller by the online market-
place. 
(B) LIMITATION
ON
EXCEPTION.—If an 
online marketplace becomes aware that a high- 
volume third party seller has made a false rep-
resentation to the online marketplace in order 
to justify the provision of a partial disclosure 
under subparagraph (A) or that a high-volume 
third party seller who has requested and re-
ceived a provision for a partial disclosure under 
subparagraph (A) has not provided responsive 
answers within a reasonable time frame to con-
sumer inquiries submitted to the seller by 
phone, email, or other means of electronic mes-
saging provided to such seller by the online 
marketplace, the online marketplace shall, after 
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(1) UNFAIR AND DECEPTIVE ACTS OR PRAC-
TICES.—A violation of subsection (a) or (b) by an 
online marketplace shall be treated as a violation of 
a rule defining an unfair or deceptive act or practice 
prescribed under section 18(a)(1)(B) of the Federal 
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 
(2) POWERS OF THE COMMISSION.— 
(A) IN GENERAL.—The Commission shall 
enforce subsections (a) and (b) in the same 
manner, by the same means, and with the same 
jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.) 
were incorporated into and made a part of this 
section. 
(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person that violates subsection (a) or (b) shall 
be subject to the penalties, and entitled to the 
privileges and immunities, provided in the Fed-
eral Trade Commission Act (15 U.S.C. 41 et 
seq.). 
(3) REGULATIONS.—The Commission may pro-
mulgate regulations under section 553 of title 5, 
United States Code, with respect to the collection, 
verification, or disclosure of information under this 
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section, provided that such regulations are limited to 
what is necessary to collect, verify, and disclose such 
information. 
(4) AUTHORITY PRESERVED.—Nothing in this 
section shall be construed to limit the authority of 
the Commission under any other provision of law. 
(d) ENFORCEMENT
BY STATE ATTORNEYS GEN-
ERAL.— 
(1) IN GENERAL.—If the attorney general of a 
State has reason to believe that any online market-
place has violated or is violating this section or a 
regulation promulgated under this section that af-
fects one or more residents of that State, the attor-
ney general of the State may bring a civil action in 
any appropriate district court of the United States, 
to— 
(A) enjoin further such violation by the de-
fendant; 
(B) enforce compliance with this section or 
such regulation; 
(C) obtain civil penalties in the amount 
provided for under subsection (c); 
(D) obtain other remedies permitted under 
State law; and 
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(E) obtain damages, restitution, or other 
compensation on behalf of residents of the 
State. 
(2) NOTICE.—The attorney general of a State 
shall provide prior written notice of any action under 
paragraph (1) to the Commission and provide the 
Commission with a copy of the complaint in the ac-
tion, except in any case in which such prior notice 
is not feasible, in which case the attorney general 
shall serve such notice immediately upon instituting 
such action. 
(3) INTERVENTION
BY
THE
COMMISSION.— 
Upon receiving notice under paragraph (2), the 
Commission shall have the right— 
(A) to intervene in the action; 
(B) upon so intervening, to be heard on all 
matters arising therein; and 
(C) to file petitions for appeal. 
(4) LIMITATION ON STATE ACTION WHILE FED-
ERAL ACTION IS PENDING.—If the Commission has 
instituted a civil action for violation of this section 
or a regulation promulgated under this section, no 
State attorney general, or official or agency of a 
State, may bring a separate action under paragraph 
(1) during the pendency of that action against any 
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defendant named in the complaint of the Commis-
sion for any violation of this section or a regulation 
promulgated under this section that is alleged in the 
complaint. A State attorney general, or official or 
agency of a State, may join a civil action for a viola-
tion of this section or regulation promulgated under 
this section filed by the Commission. 
(5) RULE OF CONSTRUCTION.—For purposes of 
bringing a civil action under paragraph (1), nothing 
in this section shall be construed to prevent the chief 
law enforcement officer, or official or agency of a 
State, from exercising the powers conferred on such 
chief law enforcement officer, or official or agency of 
a State, by the laws of the State to conduct inves-
tigations, administer oaths or affirmations, or com-
pel the attendance of witnesses or the production of 
documentary and other evidence. 
(6) ACTIONS BY OTHER STATE OFFICIALS.— 
(A) IN GENERAL.—In addition to civil ac-
tions brought by attorneys general under para-
graph (1), any other officer of a State who is 
authorized by the State to do so, except for any 
private person on behalf of the State attorney 
general, may bring a civil action under para-
graph (1), subject to the same requirements 
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and limitations that apply under this subsection 
to civil actions brought by attorneys general. 
(B) SAVINGS PROVISION.—Nothing in this 
subsection may be construed to prohibit an au-
thorized official of a State from initiating or 
continuing any proceeding in a court of the 
State for a violation of any civil or criminal law 
of the State. 
(e) SEVERABILITY.—If any provision of this section, 
or the application thereof to any person or circumstance, 
is held invalid, the remainder of this section and the appli-
cation of such provision to other persons not similarly situ-
ated or to other circumstances shall not be affected by 
the invalidation. 
(f) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) CONSUMER
PRODUCT.—The term ‘‘con-
sumer product’’ has the meaning given such term in 
section 101 of the Magnuson-Moss Warranty—Fed-
eral Trade Commission Improvement Act (15 U.S.C. 
2301) and section 700.1 of title 16, Code of Federal 
Regulations. 
(3) HIGH-VOLUME THIRD PARTY SELLER.— 
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(A) IN GENERAL.—The term ‘‘high-volume 
third party seller’’ means a participant on an 
online marketplace’s platform who is a third 
party seller and, in any continuous 12-month 
period during the previous 24 months, has en-
tered into 200 or more discrete sales or trans-
actions of new or unused consumer products 
and an aggregate total of $5,000 or more in 
gross revenues. 
(B) CLARIFICATION.—For purposes of cal-
culating the number of discrete sales or trans-
actions or the aggregate gross revenues under 
subparagraph (A), an online marketplace shall 
only be required to count sales or transactions 
made through the online marketplace and for 
which payment was processed by the online 
marketplace, either directly or through its pay-
ment processor. 
(4) ONLINE MARKETPLACE.—The term ‘‘online 
marketplace’’ means any person or entity that oper-
ates a consumer-directed electronically based or 
accessed platform that— 
(A) includes features that allow for, facili-
tate, or enable third party sellers to engage in 
the sale, purchase, payment, storage, shipping, 
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(I) made available to the general 
public the entity’s name, business ad-
dress, and working contact informa-
tion; 
(II) an ongoing contractual rela-
tionship with the online marketplace 
to provide the online marketplace with 
the manufacture, distribution, whole-
saling, or fulfillment of shipments of 
consumer products; and 
(III) provided to the online mar-
ketplace identifying information, as 
described in subsection (a), that has 
been verified in accordance with that 
subsection. 
(7) VERIFY.—The term ‘‘verify’’ means to con-
firm information provided to an online marketplace 
pursuant to this section, which may include the use 
of one or more methods that enable the online mar-
ketplace to reliably determine that any information 
and documents provided are valid, corresponding to 
the seller or an individual acting on the seller’s be-
half, not misappropriated, and not falsified. 
(g) RELATIONSHIP TO STATE LAWS.—No State or 
political subdivision of a State, or territory of the United 
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States, may establish or continue in effect any law, regula-
tion, rule, requirement, or standard that conflicts with the 
requirements of this section. 
(h) EFFECTIVE DATE.—This section shall take effect 
180 days after the date of the enactment of this Act. 
Passed the House of Representatives November 17, 
2022. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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