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 
online marketplace). 
(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 
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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-
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-
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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. 
(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 
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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 
providing the seller with written or electronic 
notice and an opportunity to respond not later 
than 10 days after the issuance of such notice, 
suspend any future sales activity of such seller 
unless such seller consents to the disclosure of 
the identity information required under para-
graph (1)(B)(i). 
(3) REPORTING MECHANISM.—An online mar-
ketplace shall disclose to consumers in a clear and 
conspicuous manner on the product listing of any 
high-volume third party seller a reporting mecha-
nism that allows for electronic and telephonic report-
ing of suspicious marketplace activity to the online 
marketplace. 
(4) COMPLIANCE.—If a high-volume third party 
seller does not comply with the requirements to pro-
vide and disclose information under this subsection, 
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the online marketplace shall, after providing the sell-
er with written or electronic notice and an oppor-
tunity to provide or disclose such information not 
later than 10 days after the issuance of such notice, 
suspend any future sales activity of such seller until 
the seller complies with such requirements. 
(c) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(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 
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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 
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— 
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(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 
(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 FTC.—Upon receiv-
ing 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 
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(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 
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, official or agency of a 
State, by the laws of the State to conduct investiga-
tions, administer oaths or affirmations, or compel 
the attendance of witnesses or the production of doc-
umentary and other evidence. 
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(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 
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. 
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(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.— 
(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 who, in any continuous 12- 
month period during the previous 24 months, 
has entered into 200 or more discrete sales or 
transactions of new or unused consumer prod-
ucts 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. 
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(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, 
or delivery of a consumer product in the United 
States; 
(B) is used by one or more third party sell-
ers for such purposes; and 
(C) has a contractual or similar relation-
ship with consumers governing their use of the 
platform to purchase consumer products. 
(5) SELLER.—The term ‘‘seller’’ means a per-
son who sells, offers to sell, or contracts to sell a 
consumer product through an online marketplace’s 
platform. 
(6) THIRD PARTY SELLER.— 
(A) IN GENERAL.—The term ‘‘third party 
seller’’ means any seller, independent of an on-
line marketplace, who sells, offers to sell, or 
contracts to sell a consumer product in the 
United States through such online market-
place’s platform. 
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(B) EXCLUSIONS.—The term ‘‘third party 
seller’’ does not include, with respect to an on-
line marketplace— 
(i) a seller who operates the online 
marketplace’s platform; or 
(ii) a business entity that has— 
(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-
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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 
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. 
Æ 
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