senate Bill S8391

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 25, 2022 referred to consumer affairs and protection
delivered to assembly
passed senate
May 05, 2022 advanced to third reading
May 04, 2022 2nd report cal.
May 03, 2022 1st report cal.1027
Feb 22, 2022 referred to consumer protection

Votes

view votes

May 3, 2022 - Consumer Protection committee Vote

S8391
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: May 3, 2022

Co-Sponsors

view additional co-sponsors

S8391 (ACTIVE) - Details

See Assembly Version of this Bill:
A10096
Law Section:
General Business Law
Laws Affected:
Add Art 45 §§1500 - 1504, Gen Bus L

S8391 (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.

S8391 (ACTIVE) - Sponsor Memo

S8391 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8391
 
                             I N  S E N A T E
 
                             February 22, 2022
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer 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;
 

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.