Bill Summary for H 869 (2021)

Summary date: 

May 6 2021

Bill Information:

View NCGA Bill Details2021
House Bill 869 (Public) Filed Tuesday, May 4, 2021
AN ACT TO REQUIRE THE LEGISLATIVE RESEARCH COMMISSION TO STUDY REVISING THE LAWS IN CHAPTER 14 OF THE GENERAL STATUTES RELATING TO THE CRIMINAL ACTIVITY OF ORGANIZED RETAIL CRIME.
Intro. by Stevens, Reives.

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Bill summary

Enacts Article 49, Regulation of Online Marketplace Transactions, to GS Chapter 66 as follows. States the Article's purpose and sets forth five defined terms. 

Requires an online marketplace to require that any high-volume third-party seller on the platform provide the online marketplace with specified information within three business days of becoming a high-volume third-party seller, including the deposit account information from a financial institution or payee information, contact information, and a business tax identification number or a taxpayer identification number. Requires the online marketplace to verify the information and documents provided within three business days of receipt; presumes verification of valid government-issued tax documents as of the date of issuance. 

Defines high-volume third-party seller as a participant in an online marketplace that is a third-party seller and that, in any 12-month period during the previous 24 months, has entered into 200 or more discrete sales or transactions of new consumer goods resulting in the accumulation of an aggregate total of $5,000 or more in gross revenues in this State.

Requires an online marketplace to annually send a notice to high-volume third-party sellers on its platform to require such sellers to update the required information and documents if applicable within three days of receiving the notice. Requires that the high-volume third-party seller certify that the information is unchanged or that the seller will provide changes as necessary, with suspension of selling privileges suspended if the seller does not certify that the information is unchanged or provide updated information within three business days of receipt of the notification. 

Establishes specified disclosures an online marketplace must make to customers on the consumer good listing or through a link placed on the consumer good listing regarding the high-volume third-party seller. 

Provides for suspension of selling privileges on the online marketplace if a high-volume third-party seller does not provide full disclosure of its full physical address and email within three business days of the online marketplace's demand following becoming aware of the seller's false representation of its full physical address nd telephone number.

Requires an online marketplace to provide consumers a reporting mechanism on the consumer good listing that allows for electronic and telephonic reporting of suspicious activity and encouraging consumer reporting. Specifies that the ability of online marketplaces to provide additional measures to prevent the sale of fraudulent, stolen, or counterfeit consumer goods on its platform is not affected.

Deems any violation of the new Article an unfair and deceptive trade practice under GS Chapter 75.

Effective December 1, 2021. 

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