assembly Bill A10096

2021-2022 Legislative Session

Relates to high-volume third-party sellers in the online marketplace

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 29, 2022 referred to consumer affairs and protection

Co-Sponsors

A10096 (ACTIVE) - Details

See Senate Version of this Bill:
S8391
Law Section:
General Business Law
Laws Affected:
Add Art 45 §§1500 - 1504, Gen Bus L

A10096 (ACTIVE) - Summary

Requires certain high-volume third-party sellers in the online marketplace to provide certain information to the online marketplace; requires verification of such information and technical safeguards for use of such data; requires notifications; preempts local laws.

A10096 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10096
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to high-volume
   third-party sellers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 45 to read as follows:
                                ARTICLE 45
                      HIGH-VOLUME THIRD-PARTY SELLERS
 SECTION 1500. DEFINITIONS.
         1501. COLLECTION AND VERIFICATION OF INFORMATION.
         1502. DISCLOSURES REQUIRED.
         1503. ENFORCEMENT.
         1504. PREEMPTION.
   §  1500. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE: 1. "CONSUMER PROD-
 UCT" MEANS TANGIBLE PERSONAL PROPERTY THAT IS  DISTRIBUTED  IN  COMMERCE
 AND NORMALLY USED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, INCLUDING
 PROPERTY  INTENDED  TO  BE  ATTACHED  TO  OR  INSTALLED IN REAL PROPERTY
 REGARDLESS OF WHETHER IT IS ACTUALLY ATTACHED OR INSTALLED.
   2. "HIGH-VOLUME THIRD-PARTY SELLER" MEANS A PARTICIPANT IN  AN  ONLINE
 MARKETPLACE  WHO  IS  A  THIRD-PARTY  SELLER  AND WHO, IN ANY CONTINUOUS
 TWELVE-MONTH PERIOD DURING THE PREVIOUS TWENTY-FOUR MONTHS, HAS  ENTERED
 INTO TWO HUNDRED OR MORE DISCRETE SALES TO, OR TRANSACTIONS WITH, BUYERS
 LOCATED IN NEW YORK FOR NEW OR UNUSED CONSUMER PRODUCTS RESULTING IN THE
 ACCUMULATION  OF AN AGGREGATE TOTAL OF FIVE THOUSAND DOLLARS ($5,000) OR
 MORE IN GROSS REVENUES.  FOR PURPOSES OF THIS SUBDIVISION, THE NUMBER OF
 DISCRETE SALES OR TRANSACTIONS INCLUDES ONLY THOSE SALES OR TRANSACTIONS
 MADE THROUGH THE ONLINE MARKETPLACE AND FOR WHICH PAYMENT  IS  PROCESSED
 BY THE ONLINE MARKETPLACE DIRECTLY OR THROUGH ITS PAYMENT PROCESSOR.
   3.  "ONLINE  MARKETPLACE"  MEANS  A  PERSON  OR ENTITY THAT OPERATES A
 CONSUMER-DIRECTED, ELECTRONICALLY ACCESSED PLATFORM IN A MANNER IN WHICH
 ALL OF THE FOLLOWING ARE TRUE:
   (A) THE PLATFORM INCLUDES 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;