Consumer protection; online marketplace, high-volume third-party sellers.
Do you support it?
Want to know if it passes?
We'll email you when SB 341 moves — a committee vote, a floor vote, or a signature. Nothing else.
Free forever · unsubscribe in one click.
Your answer was recorded either way.
Which district are you in?
Your ZIP is all we need to match you to your own representatives — so we can tell you how they voted on SB 341.
You're tracking SB 341
We'll email you the moment it moves.
SB 341 — Consumer protection; online marketplace, high-volume third-party sellers.
Last action — Left in Commerce and Energy
No card. One bill, free forever — alerts when it moves.
-
✓Introduced
-
✓In Committee
-
3Passed Senate
-
4Passed House of Delegates
-
5To Executive
-
6Enacted
This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Consumer protection; online marketplace; high-volume third-party sellers. Establishes requirements for high-volume third-party sellers, defined in the bill as participants in an online marketplace that have entered into at least 200 discrete sales or transactions for 12 continuous months during the past 24 months resulting in accumulation of an aggregate total of $5,000 or more in gross revenues. The bill requires an online marketplace to (i) require high-volume third-party sellers to provide identifying and contact information to the online marketplace; (ii) verify the information provided by a high-volume third-party seller within 10 days of receipt; and (iii) require that high-volume third-party sellers make certain conspicuous disclosures to consumers on their product listing pages, with certain limited exceptions. The bill provides that the Attorney General has the exclusive authority to enforce its provisions and that any violation of its provisions is a prohibited practice under the Virginia Consumer Protection Act.
Bill Text
What changed in the latest version
161 added · 283 removedPlain-language change summary
In the revised version of Senate Bill 341, the focus has shifted to specifically address high-volume third-party sellers on online marketplaces. The bill now includes clearer definitions and regulations to protect consumers from potential fraud when purchasing products from these sellers. This change is significant as it aims to enhance consumer safety and accountability on popular e-commerce platforms, ensuring buyers have better protections against misleading practices.
SESSION INTRODUCEDSENATE 22101756DSUBSTITUTE I22104776D SENATE BILL NO.
341 OfferedAMENDMENT JanuaryIN 12,THE 2022NATURE NOF PrefiledA JanuarySUBSTITUTE 11,(Proposed 2022by Tthe Senate Committee on General Laws and Technology on February 2, 2022) (Patron Prior to Substitute––Senator Barker) A BaddingBILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 55, consisting of sectionshigh-volume numberedthird-party 59.1-589sellers; throughR by 59.1-592, relating to consumer protection;
civil penalty.lating to consumer protection;
high-volumeBe third-partyit sellers.enacted by the General Assembly of Virginia:
–––––––––– O Patrons––Barker and Ruff;
Delegate:
Ransone D –––––––––– Referred to Committee on General Laws and Technology U –––––––––– C Be it enacted by the General Assembly of Virginia:
is amended by adding in Title 59.1 a chapter numbered 55, consisting of sections numberedVirginEa 59.1-589 through 59.1-592, as follows:
D § 59.1-200.
Prohibited practices.
A.
The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
MisrepresentingThat goodsthe orCode servicesof asVirginia thoseis amended by adding in Title 59.1 a chapter numbered 55, consisting of another;sections numbered 59.1-589 through 59.1-592, as follows:
2.
Misrepresenting the source, sponsorship, approval, or certification of goods or services;
3.
Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or ser4.
Misrepresenting geographic origin in connection with goods or services;
5.
Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
4 6.
Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
7.
Advertising or offering for sale goods that are used, secondhand, repossessed, defective, blemished, deteriorated, or reconditioned, or that are "seconds," irregulars, imperfects, or "not first class," without clearly and unequivocally indicating in the advertisement or offer for sale that the goods are used, secondhand, repossessed, defective, blemished, deteriorated, reconditioned, or are "seconds," irr8.
Advertising goods or services with intent not to sell them as advertised, or with intent not to sell at the price or upon the terms advertised.
In any action brought under this subdivision, the refusal by any person, or any employee, agent, or servant thereof, to sell any goods or services advertised or offered for sale at the price or upon the terms 35 advertised or offered, shall be prima facie evidence of a violation of this subdivision.
This paragraph 36 shall not apply when it is clearly and conspicuously stated in the advertisement or offer by which such 37 goods or services are advertised or offered for sale, that the supplier or offeror has a limited quantity or 38 amount of such goods or services for sale, and the supplier or offeror at the time of such advertisement or 9.
Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
10.
Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
11.
Misrepresenting by the use of any written or documentary material that appears to be an invoice or bill for merchandise or services previously ordered;
12.
Notwithstanding any other provision of law, using in any manner the words "wholesale," "wholesaler," "factory," or "manufacturer" in the supplier's name, or to describe the nature of the manufacturing the goods or services advertised or offered for sale;ily in selling at wholesale or in 13.
Using in any contract or lease any liquidated damage clause, penalty clause, or waiver of defense, or attempting to collect any liquidated damages or penalties under any clause, waiver, damages, or penalties that are void or unenforceable under any otherwise applicable laws of the Commonwealth, or under federal statutes or regulations;
13a.
Failing to provide to a consumer, or failing to use or include in any written document or material provided to or executed by a consumer, in connection with a consumer transaction any statement, disclosure, notice, or other information however characterized when the supplier is required information in connection with the consumer transaction;
statement, disclosure, notice, or other SB341 2 of 5 14.
Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
15.
Show all 244 changed lines (204 more)
Violating any provision of § 3.2-6509, 3.2-6512, 3.2-6513, 3.2-6513.1, 3.2-6514, 3.2-6515, 3.2-6516, or 3.2-6519 is a violation of this chapter;
16.
Failing to disclose all conditions, charges, or fees relating to:
a.
The return of goods for refund, exchange, or credit.
Such disclosure shall be by means of a sign attached to the goods, or placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the person obtaining the goods from the supplier.
If the supplier does not permit a refund, exchange, or credit for return, he shall so state on a similar sign.
The provisions of this subdivision shall not apply to any retail merchant who has a policy of providing, for a period of not less than 20 days after date of purchase, a cash refund or credit to the purchaser's credit card account for the return of defective, unused, or undamaged merchandise upon presentation of proof of purchase.
In the case of merchandise paid for by check, the purchase shall be treated as a cash purchase and any refund may be delayed for a period of 10 banking days to allow for the check to clear.
This subdivision does not apply to sale merchandise that is obviously distressed, out of date, post season, or otherwise reduced for clearance;
nor does this subdivision apply to special order purchases where the purchaser has requested the supplier to order merchandise of a specific or unusual size, color, or brand not ordinarily carried in the store or the store's catalog;
nor shall this subdivision apply in connection with a transaction for the sale or lease of motor vehicles, farm tractors, or motorcycles as defined in § 46.2-100;
b.
A layaway agreement.
Such disclosure shall be furnished to the consumer (i) in writing at the time of the layaway agreement, or (ii) by means of a sign placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the consumer, or (iii) on the bill of sale.
Disclosure shall include the conditions, charges, or fees in the event that a consumer breaches the agreement;
16a.
Failing to provide written notice to a consumer of an existing open-end credit balance in excess of $5 (i) on an account maintained by the supplier and (ii) resulting from such consumer's overpayment on such account.
Suppliers shall give consumers written notice of such credit balances within 60 days of receiving overpayments.
If the credit balance information is incorporated into statements of account furnished consumers by suppliers within such 60-day period, no separate or additional notice is required;
17.
If a supplier enters into a written agreement with a consumer to resolve a dispute that arises in connection with a consumer transaction, failing to adhere to the terms and conditions of such an agreement;
18.
Violating any provision of the Virginia Health Club Act, Chapter 24 (§ 59.1-294 et seq.);
19.
Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 (§ 59.1-21.1 et seq.);
20.
Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 (§ 59.1-207.1 et seq.);
21.
Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 (§ 59.1-207.17 et seq.);
22.
Violating any provision of the Prizes and Gifts Act, Chapter 31 (§ 59.1-415 et seq.);
23.
Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 (§ 59.1-424 et seq.);
24.
Violating any provision of § 54.1-1505;
25.
Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 (§ 59.1-207.34 et seq.);
26.
Violating any provision of § 3.2-5627, relating to the pricing of merchandise;
27.
Violating any provision of the Pay-Per-Call Services Act, Chapter 33 (§ 59.1-429 et seq.);
28.
Violating any provision of the Extended Service Contract Act, Chapter 34 (§ 59.1-435 et seq.);
29.
Violating any provision of the Virginia Membership Camping Act, Chapter 25 (§ 59.1-311 et seq.);
30.
Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 (§ 59.1-207.40 et seq.);
31.
Violating any provision of the Virginia Travel Club Act, Chapter 36 (§ 59.1-445 et seq.);
32.
Violating any provision of §§ 46.2-1231 and 46.2-1233.1;
33.
Violating any provision of Chapter 40 (§ 54.1-4000 et seq.) of Title 54.1;
34.
Violating any provision of Chapter 10.1 (§ 58.1-1031 et seq.) of Title 58.1;
35.
Using the consumer's social security number as the consumer's account number with the supplier, if the consumer has requested in writing that the supplier use an alternate number not associated with the consumer's social security number;
36.
Violating any provision of Chapter 18 (§ 6.2-1800 et seq.) of Title 6.2;
37.
Violating any provision of § 8.01-40.2;
of 5 38.
Violating any provision of Article 7 (§ 32.1-212 et seq.) of Chapter 6 of Title 32.1;
39.
Violating any provision of Chapter 34.1 (§ 59.1-441.1 et seq.);
I 40.
Violating any provision of Chapter 20 (§ 6.2-2000 et seq.) of Title 6.2;
N (§ 59.1-525 et seq.);provision of the Virginia Post-Disaster Anti-Price Gouging Act, Chapter 46 42.
Violating any provision of Chapter 47 (§ 59.1-530 et seq.);
T 43.
Violating any provision of § 59.1-443.2;
R 44.
Violating any provision of Chapter 48 (§ 59.1-533 et seq.);
45.
Violating any provision of Chapter 25 (§ 6.2-2500 et seq.) of Title 6.2;
O 46.
Violating the provisions of clause (i) of subsection B of § 54.1-1115;
D 47.
Violating any provision of § 18.2-239;
49.
Selling, offering for sale, or manufacturing for sale a children's product the supplier knows or has reason to know was recalled by the U.S.
Consumer Product Safety Commission.
There is a rebuttable presumption that a supplier has reason to know a children's product was recalled if notice of tEe recall has been posted continuously at least 30 days before the sale, offer for sale, or manufacturing for sale on the website of the U.S.
Consumer Product Safety Commission.
This prohibition does not apply to children's products that are used, secondhand or "seconds";
50.
Violating any provision of Chapter 44.1 (§ 59.1-518.1 et seq.);
52.
Violating any provision of § 8.2-317.1;§ 6.2-2200 et seq.) of Title 6.2;
53.
Violating subsection A of § 9.1-149.1;
54.
Selling, offering for sale, or using in the construction, remodeling, or repair of any residential dwelling in the Commonwealth, any drywall that the supplier knows or has reason to know is defective drywall.
This subdivision shall not apply to the sale or offering for sale of any building or sSructure in which defective drywall has been permanently installed or affixed;
3 55.
Engaging in fraudulent or improper or dishonest conduct as defined in § 54.1-1118 while 1 § 44-146.16 or (ii) to repair damage resulting from the event that prompted the declaration of a state of emergency, regardless of whether the supplier is licensed as a contractor in the Commonwealth pursuant to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1;
56.
Violating any provision of Chapter 33.1 (§ 59.1-434.1 et seq.);
57.
Violating any provision of § 18.2-178, 18.2-178.1, or 18.2-200.1;
58.
Violating any provision of Chapter 17.8 (§ 59.1-207.45 et seq.);
59.
Violating any provision of subsection E of § 32.1-126;
under Chapter 11 (§ 54.1-1100 et seq.) or Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1;fession licensed 61.
Violating any provision of § 2.2-2001.5;
62.
Violating any provision of Chapter 5.2 (§ 54.1-526 et seq.) of Title 54.1;
63.
Violating any provision of § 6.2-312;
64.
Violating any provision of Chapter 20.1 (§ 6.2-2026 et seq.) of Title 6.2;
65.
Violating any provision of Chapter 26 (§ 6.2-2600 et seq.) of Title 6.2;
and 66.
Violating any provision of Chapter 54 (§ 59.1-586 et seq.);
and B.
Nothing in this section shall be construed to invalidate or make unenforceable any contract or lease solely by reason of the failure of such contract or lease to comply with any other law of the Commonwealth or any federal statute or regulation, to the extent such other law, statute, or regulation provides that a violation of such law, statute, or regulation shall not invalidate or make unenforceable such contract or lease.
ONLINE§ MARKETPLACE59.1-589. CONSUMER PROTECTION ACT.
A.Definitions.MARKETPLACE CONSUMER PROTECTION ACT.
S As used in this chapter, unless the context requires a different meaning:
"High-volume third-party seller" means a participant in an online marketplace that is a third-party seller and that, in any continuous 12-month period during the previous 24 months, has entered into 200 accumulation of an aggregate total of $5,000 or more indiscrete grosssales revenues.tsor resultingtransactions in the SB341 4 of 5new "Online marketplace" means any electronically based or electronicallyunused accessedconsumer platformproducts, thatwith (i)an includesaggregate featurestoTal that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a$5,000 consumer product in the United States and (ii) hosts one or more third-partyin sellers.gross revenues.
"Third-partyFor seller"purposes meansof acalculating personthe ornumber businessof entity,discrete independentsales ofor antransactions operator,or facilitator,the oraggregate ownergross ofrevenues, an online marketplace,marketplace thatshall sells,only offersbe required to sell,cEunt sales or contractstransactions tomade sellthrough athe consumeronline productmarketplace inand for which payment was processed by the Unitedonline Statesmarketplace, either directly or through anits onlinepayment marketplace.processor.
"Third-partybased seller"or doeselectronically notaccessed include:platform that (i) 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 the United States;
1.(ii) is used by one or more third-party sellers for suchUpurposes;
Aand business(iii) entityhas thata hascontractual madeor availablesimilar torelationship thewith generalconsumers publicgoverning thetheir businessuse entity'sof name,the businesspBatform address,to andpurchase contactconsumer information;products.
2.online marketplace platform.ho sells, offers to sell, or contracts to sell a consumer product tSrough an "Third-party seller" means any seller, independent of an operator, facilitator, or owner of an online 36 marketplace, who sells, offers to sell, or contracts to sell a consumer product in the United States 37 through an online marketplace.
AWith sellerrespect thatto has an ongoing contractual relationship with the owner of an online marketplacemarketplace, to"third-party provideseller" fordoes thenot manufacture,/ distribution,38 wholesaling,include: or fulfillment of shipments of consumer products;
orT 3.39 1.
A seller who hasoperates provided the online marketplace withplatform; identifying information, as described in § 59.1-590, that has been verified in accordance with § 59.1-590.
"Verify"or meansU tobusiness confirmaddress, informationand providedcontact toinformation; an online marketplace in accordance with § 59.1-590 by using either of the following methods:
1.(ii) an ongoing contractual relationship with the owner of an online marketplace to provide for the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products;
Aand third-party(iii) proprietaryprovided identitythe verificationonline systemmarketplace thatwith hasidentifying theinformation, capabilityaE todescribed confirmin a§ seller's59.1-590, name,that emailhas address,been physicalverified address,in andaccordance telephonewith number;§ 59.1-590.
"Verify" means to confirm information provided to an online marketplace in accordance with reliably determine that any information and documents provided by a seller or 2.an individual acting on a seller's behalf are valid, not misappropriated, and not falsified.
A combination of two-factor authentication, public records search, and the presentation of government issued identification.
OnlineCollection, marketplace;verification, and disclosure of information by online marketplaces;
An online marketplace shall require athat any high-volume third-party seller toon such onlinS marketplace platform provide the online marketplace with the following information withinno 10later businesstha3 days10 ofbus1. a seller qualifying as a high-volume third-party seller:
1.
BankA bank account information,number; the accuracy of which has been confirmed directly by the online marketplace, a payment processor, or other third party contracted by the online marketplace;
orora b.high-volume third-party seller on the platform:
1 b.
Such required bank account information or payee information may be provided (i)by directlythe seller to the online marketplace or (ii) to a payment processor or other third party contracted by the online marketplace to maintain the information, provided that the online marketplace mayensures that it can obtain the SB341S1 2 of 3 information on demand from the payment processor or other third partyparty; contracted;
If the high-volume third-party seller is an individual, a copy of a government-issued identification for the individual that includes the individual's namename; and physical address;
If the high-volume third-party seller is not an individual, aone copy of (i) a valid government-issued photo identification for an individual acting on behalf of the high-volumefollowing third-partyforms seller that includes the individual's name and physical address or (ii) a valid government-issued record or tax document that includes the business name and physical address of theidentifying high-volumeinformation: third-party seller;
(i) a copy of a valid government-issued photo identification for an individual acting on behalf of the high-volume third-party seller that includes the individual's name or (ii) 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;
A current working email address and working telephone number for the high-volume third-party seller;
and 3.
A business tax identification number or, if the high-volume third-party seller does not have a business tax identification number, a taxpayer identification number;number.
and 4.
Information regarding whether the high-volume third-party seller is (i) exclusively advertising or offering a consumer product on the online marketplace and (ii) currently advertising or offering for sale the same consumer product on any other Internet website other than the online marketplace.
AnIf onlinea marketplacehigh-volume shallthird-party verifyseller anyprovides changesa tocopy theof informationa withinvalid threegovernment-issued daystax ofdocument, receiptthe ofinformation noticecontained ofwithin anysuch changesdocument toor theidentification informationshall providedbe bypresumed averified high-volumeas third-partyof sellerthe todate the onlinedocument marketplace.or identification was issued.
If a high-volume third-party seller provides a copy of a valid government-issued tax document or identification, the information contained within such document or identification shall be presumed verified as of the date the document or identification was issued.
At least annually, an online marketplace shall (i) notify each high-volume third-party seller operating in the online marketplace that the high-volume third-party seller shall inform the online marketplace of any changes to information required pursuant to subsection A within three10 business days of receiving the notification and (ii) as part of such notification, instruct each high-volume third-party seller to electronically certify either that the information provided pursuant to subsection A is unchanged or that the high-volume third-party seller will be providing changes to the information.
IfD. the online marketplace becomes aware that a high-volume third-party seller has not certified that the information required pursuant to subsection A is unchanged or has not provided the changes to the information within three days of receiving the notification, the online marketplace shall suspend the high-volume third-party seller's participation in the online marketplace until the high-volume third-party of 5 seller (a) certifies that the information is unchanged or (b) provides changes to the information and the information is verified.
IIn §the 59.1-591.event that a high-volume third-party seller does not provide the information or certification required by this section after the online marketplace has provided the seller with written or electronic notice and an opportunity to provide such information or certification, the online marketplace shall, after providing the seller with a second written or electronic notice and an opportunity to provide such information or certification within 10 business days after the issuance of such notice, suspend any future sales activity of such seller until the seller provides the required information or certification.
E.
Data collected solely to comply with the requirements of this section shall not be used for any other purpose unless so required by law.
An online marketplace shall implement and maintain reasonable security procedures and practices, including appropriate administrative, physical, and technological safeguards relative to the nature and purposes of the data collected to comply with the requirements of this section, in order to protect such data from unauthorized use, disclosure, access, destruction, or modification.
§ 59.1-591.
NA. consumers in a conspicuous manner and in bold print on the product listing page or, for informationto other than the high-volume third-party seller's full name, through a conspicuously placed link on the product listing page, the following information:
RAn 1.online marketplace shall require each high-volume third-party seller with an aggregate total of $20,000 or more in annual gross revenues through such online marketplace platform to provide and disclose to consumers in a clear and conspicuous manner the information required by subsection B in (i) any order confirmation message or other document or communication made to a consumer once a purchase is finalized and (ii) the consumer's account transaction history.
The identity of the high-volume third-party seller, including:
a.
The full name of the high-volume third-party seller;
O b.
The full physical address of the high-volume third-party seller;
D c.
Whether the high-volume third-party seller also engages in the manufacturing, importing, or resd.
Contact information for the high-volume third-party seller, including a working telephone number and email address.
The email address required to be disclosed by this subdivision may be an email address provided and assigned to the high-volume third-party seller through the online marketplEce;
and 2.
Any other information that the Commissioner of Agriculture and Consumer Services or his duly authorized representative deems necessary to address circumvention or evasion of the requirements of this section.
UponAn theonline requestmarketplace ofshall arequire each high-volume third-party seller,seller anas onlinedescribed marketplacein maysubsection provideA forto circumstances:suredisclose the identity of the identifyinghigh-volume informationthird-party requiredseller in the manner prescribed by thissubsection sectionA, underincluding the following 1.information:
If1. the high-volume third-party seller demonstrates to the online marketplace that the high-volume third-party seller does not have a business address and only has a residential street address, then the online marketplace may (i) direct the high-volume third-party seller to disclose only the country and, if applicable, the state in which the high-volume third-party seller resides on the listing of theSconsumer product;
(ii)The informfull consumersname thatof therethe ishigh-volume nothird-party businessseller, addresswhich availablemay forinclude the high-volumeseller 3name, third-partythe seller;seller's company name, or the name by which the seller or company operates in the online marketplace;
or2. (iii) inform consumers that consumer inquiries should be submitted to th1 hig2.
IfThe the high-volume third-party seller demonstrates to the online marketplace that the high-volume third-party seller is a business that has a physical address forof consumer product returns, the online marketplace may direct the high-volume third-party sellerseller; to disclose the physical address for consumer product returns.
IfContact ainformation for the high-volume third-party sellerseller, demonstratesfor to the onlinepurpose marketplaceof thatallowing thedirect and unhindered communication between high-volume third-party sellersellers onlyand hasusers aof personalthe telephoneonline number,marketplace, provided the requirements of this subsection shall not prevent an online marketplace mayfrom informpreventing consumersfraud, thatabuse, thereor isspan nothrough such communications, including a current working telephone numbernumber, availablea forcurrent working email address, or other means of electronic messaging that may be provided to the high-volume third-party seller andby thatthe consumeronline inqC.marketplace;
If an online marketplace becomes aware that a high-volume third-party seller has (i) made a false representation to the online marketplace in order to justify the provision of a partial disclosure under subsection B or (ii) requested and received4. a provision for partial disclosure under subsection B but has not provided responsive answers within a reasonable time frame to consumer inquiries submitted to the high-volume third-party seller by telephone or email, the online marketplace shall withdraw its provision for partial disclosure and require full disclosure of the high-volume third-party seller's identifying information required by subsection A within three business days' notice to the high-volume third-party selD.
AnWhether online marketplace shall disclose to consumers, in a conspicuous manner and in bold print on the consumer product listing page of any high-volume third-party seller,seller uses a reportingdifferent mechanismseller that allows consumers to reportfulfill suspiciouspurchase marketplaceorders activity electronically or by phone and a message encouraging consumers to reportcustomers suspiciousplaced activitythrough to the online marketplace.
Upon the request of an authenticated purchaser, if a high-volume third party seller uses a different seller to fulfill purchase orders to consumers, the online marketplace shall require such high-volume third-party seller to provide identifying information for the different seller.
C.
Upon the request of a high-volume third-party seller, an online marketplace may provide for partial disclosure of the identifying information required by this section under the following circumstances:
1.
If the high-volume third-party seller certifies to the online marketplace that the high-volume of 3 third-party seller does not have a business address and only has a residential street address, or that the high-volume third party seller has a combined business and residential address, the online marketplace may (i) disclose only the country and, if applicable, the state in which the high-volume third-party seller resides and (ii) inform consumers that there is no business address available for the high-volume by telephone, email, or other means of electronic messaging provided to such seller by the online seller marketplace.
2.
If the high-volume third-party seller certifies to the online marketplace that the high-volume third-party seller is a business that has a physical address for product returns, the online marketplace may3.
If a high-volume third-party seller certifies to the online marketplace that the high-volume third-party seller does not have any phone number other than a personal telephone number, the online marketplace may inform consumers that there is no telephone number available for the high-volume third-party seller and that consumer inquiries should be submitted to the high-volume third-party seller by D.
If an online marketplace becomes aware that a high-volume third-party seller has (i) made a false representation to the online marketplace in order to justify the provision of a partial disclosure under subsection B or (ii) requested and received a provision for partial disclosure under subsection B but has not provided responsive answers within a reasonable time frame to consumer inquiries submitted to the the seller by the online marketplace;
the online marketplace shall, after providing the seller with ao written or electronic notice and an opportunity to respond no later than 10 business days afterAthe issuance of such notice, suspend any future sales activity of such seller unless the seller consents to the disclosure of the identifying information required by subsection A.
T E.
An online marketplace shall disclose to consumers, in a clear and conspicuous manner on the and telephone reporting of suspicious marketplace activity to the online marketplace.ows for elEctronic F.
If a high-volume third-party seller does not comply with the requirements to provide and disclose information under this section, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide or disclose such information not later than 10 Susiness complies with such requirements.notice, suspend any future sales activity of such seller until Uhe seller § 59.1-592.
Violation of the Virginia Consumer Protection Act.
A.
The Attorney General shall have exclusive authority to enforce the provisions of this chapter.
B.
Prior to initiating any action under this chapter, the Attorney General shall provide an Snline provision or provisions of this chapter that the Attorney General alleges have been or are beinTfic violated.
If within this 30-day period the online marketplace or high-volume third-party seller cures the noticed violation or violations and provides the Attorney General with an express written statement that the alleged violation or violations have been cured and that no further violations shall occur,Tno action shaC.
If an online marketplace or high-volume third party seller continues to violate the provisions of this chapter following the 30-day cure period under subsection B or breaches an express written statement provided to the Attorney General under subsection B, the Attorney General may initiate an action in the name of the Commonwealth and may seek an injunction to restrain any violations ofEthis chaD.
The Attorney General may recover reasonable expenses incurred in investigating and preparing a case, including attorney fees, in any action initiated under this chapter.
AnNothing onlinein marketplacethis thatchapter warehouses, distributes, or otherwise fulfills a consumer product order shall disclosebe toconstrued theas consumerproviding the identifyingbasis informationfor, ofor anybe high-volumesubject third-partyto, sellera supplyingprivate theright consumerof productaction iffor differentviolations fromof thethis sellerchapter listedor onunder theany productother listinglaw. page.
AnyB violationS of1 the provisions of this chapter shall constitute a prohibited practice in accordance with § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
Show all 244 changed rows (204 more)
View plain text versions (2)
- Committee Substitute Committee substitute printed 22104776D-S1 Current pdf February 02, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22101756D pdf January 11, 2022
Action History
-
Left in Commerce and Energy
-
Subcommittee recommends laying on the table (6-Y 0-N)
-
Assigned sub: Subcommittee #4
-
Referred to Committee on Commerce and Energy
-
Read first time
-
Placed on Calendar
-
Read third time and passed Senate (27-Y 12-N 1-A)
-
Engrossed by Senate - committee substitute SB341S1
-
Committee substitute agreed to 22104776D-S1
-
Reading of substitute waived
-
Read second time
-
Impact statement from DPB (SB341S1)
-
Constitutional reading dispensed (35-Y 0-N)
-
Committee substitute printed 22104776D-S1
-
Reported from General Laws and Technology with substitute (7-Y 3-N 5-A)
-
Senate committee, floor amendments and substitutes offered
-
Impact statement from DPB (SB341)
-
Referred to Committee on General Laws and Technology
-
Prefiled and ordered printed; offered 01/12/22 22101756D
Sponsors
- Margaret B. Ransone · Cosponsor
- Ruff, Frank M., Jr. · Cosponsor
- George L. Barker · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 145 not signed on · 12 voted No
Sponsors (1)
Co-sponsors (2)
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| Byron, Kathy J. | — | Yea |
| Christopher T. Head | — | Yea |
| Israel D. O'Quinn | — | Yea |
| Lamont Bagby | — | Yea |
| Michael J. Webert | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 12 | 0 | 1 |
| Total | 27 | 12 | 0 | 1 |
| % of votes cast | 68% | 30% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 35 | 0 | 0 | 5 |
| Total | 35 | 0 | 0 | 5 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 3 | 0 | 5 |
| Total | 7 | 3 | 0 | 5 |
| % of votes cast | 47% | 20% | 0% | 33% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Not Voting |
| Bryce E. Reeves | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Ebbin, Adam P. | — | Not Voting |
| Hashmi, Ghazala F. | — | Not Voting |
| Jennifer B. Boysko | — | Not Voting |
| Jeremy S. McPike | — | Nay |
| Kiggans, Jennifer A. | — | Yea |
| Mamie E. Locke | — | Nay |
| Mason, T. Montgomery "Monty" | — | Yea |
| Richard H. Stuart | — | Nay |
| Ruff, Frank M., Jr. | — | Yea |
| Todd E. Pillion | — | Not Voting |
| Vogel, Jill Holtzman | — | Yea |
Subjects
Frequently asked questions
- What does SB 341 do?
- Consumer protection; online marketplace; high-volume third-party sellers. Establishes requirements for high-volume third-party sellers, defined in the bill as participants in an online marketplace that have entered into at least 200 discrete sales or transactions for 12 continuous months during the past 24 months resulting in accumulation of an aggregate total of $5,000 or more in gross revenues. The bill requires an online marketplace to (i) require high-volume third-party sellers to provide identifying and contact information to the online marketplace; (ii) verify the information provided by a high-volume third-party seller within 10 days of receipt; and (iii) require that high-volume third-party sellers make certain conspicuous disclosures to consumers on their product listing pages, with certain limited exceptions. The bill provides that the Attorney General has the exclusive authority to enforce its provisions and that any violation of its provisions is a prohibited practice under the Virginia Consumer Protection Act.
- Who sponsors SB 341?
- SB 341 is sponsored by Ransone, Margaret B., Ruff, Frank M., Jr., and Barker, George L..
- What is the current status of SB 341?
- This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 341?
- Track SB 341 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on SB 341
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of SB 341
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →