Louisiana Revised Statutes 51:3262 – Collection and verification of information by online marketplace
Terms Used In Louisiana Revised Statutes 51:3262
- High-volume third-party seller: means a participant on an online marketplace's platform who is a third-party seller and who has entered into two hundred or more discrete sales or transactions of new or unused consumer products in any twelve-month period during the previous twenty-four months, which result in an aggregate total of five thousand dollars or more in total gross revenue. See Louisiana Revised Statutes 51:3261
- Online marketplace: means any person or entity that operates a consumer-directed electronically based or accessed platform that meets all of the following criteria:
(a) Has features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in this state. See Louisiana Revised Statutes 51:3261
- Seller: means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace platform. See Louisiana Revised Statutes 51:3261
- Third-party seller: means any seller, independent of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in this state through an online marketplace. See Louisiana Revised Statutes 51:3261
- Verify: means to confirm information provided to an online marketplace pursuant to this Chapter, which may include the use of one or more methods that enable the online marketplace to reliably determine that any information and documents provided are valid, corresponding to the seller or an individual acting on the seller's behalf, not misappropriated, and not falsified. See Louisiana Revised Statutes 51:3261
A.(1) An online marketplace shall require that any high-volume third-party seller on the online marketplace’s platform provide the online marketplace with all of the following information not later than ten days after qualifying as a high-volume third-party seller on the platform:
(a) The bank account number of the high-volume third-party seller or, if the high-volume third-party seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the high-volume third-party seller. The high-volume third-party seller shall provide the bank account or payee information directly to the online marketplace or to a third party contracted by the online marketplace to maintain such information, provided that the online marketplace is able to obtain the information on demand from the other third party.
(b) The high-volume third-party seller’s contact information, including but not limited to the following information:
(i) If the high-volume third-party seller is an individual, the individual’s name.
(ii) If the high-volume third-party seller is not an individual, either a copy of a valid government-issued identification for an individual acting on behalf of a high-volume third-party seller or a copy of a valid government-issued record or tax document that includes the business name and physical address of the high-volume third-party seller.
(c) A business tax identification number of the high-volume third-party seller or, if the high-volume third-party seller does not have a business tax identification number, a taxpayer identification number.
(d) A current working phone number and electronic mail address for the high-volume third-party seller.
(2)(a) Periodically, but not less than annually, an online marketplace shall notify each high-volume third-party seller on the online marketplace’s platform of the requirement to update information collected pursuant to this Section.
(b) An online marketplace shall require any high-volume third-party seller to electronically certify whether the high-volume third-party seller has submitted updated information not later than ten days after receiving an annual notice.
(c) If the high-volume third-party seller does not provide the information or certification required by this Subsection, the online marketplace shall, after providing the high-volume third-party seller with written or electronic notice and an opportunity to provide the information or certification within ten days after issuance of the notice, suspend the sales activity of the high-volume third-party seller until the certification is completed by the high-volume third-party seller.
B.(1) Except as provided in Paragraph (2) of this Subsection, an online marketplace shall verify the information and any changes to the information collected pursuant to this Section within ten days after collecting the data.
(2) If a high-volume third-party seller provides a copy of a valid government-issued tax document, any information contained in the document shall be presumed to be verified as of the date of issuance of the document.
Acts 2022, No. 316, §1, eff. Jan. 1, 2023.