10-1-941. Required information from high-volume third-party sellers; suspension for noncompliance; verification by online marketplace.

An online marketplace shall require any high-volume third-party seller on its platform to provide, not later than ten days after qualifying as such, the following information to the online marketplace:#

1. (1)

   A bank account number 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. This information may be provided by the high-volume third-party seller to the online marketplace or to a third party contracted by the online marketplace to maintain such information; provided, however, that the online marketplace ensures that it can obtain such information on demand from the third party;#

2. (2)

   Contact information, which shall include:#

   1. (A)

      If the high-volume third-party seller is an individual, such individual’s name; or#

   2. (B)

      If the high-volume third-party seller is not an individual, then:#

      1. (i)

         A copy of a valid government issued identification for an individual acting on behalf of such seller that includes the individual’s name; or#

      2. (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;#

3. (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; and#

4. (4)

   A current working email address and telephone number for the high-volume third-party seller.#

An online marketplace shall:#

1. (1)

   Periodically, but not less than annually, notify each high-volume third-party seller on its platform of the requirement to keep current the information required under subsection (a) of this Code section; and#

2. (2)

   Require each high-volume third-party seller on its platform to, not later than ten days after receiving the notice under paragraph (1) of this subsection, electronically certify as to the information required under subsection (a) of this Code section that:#

   1. (A)

      The high-volume third-party seller has provided any changes to such information, if any such changes have occurred;#

   2. (B)

      There have been no changes to such information; or#

   3. (C)

      The high volume third-party seller has previously provided any changes to such information to the online marketplace.#

In the event that a high-volume third-party seller does not provide the information or certification required under this Code section, the online marketplace shall, after providing such seller with written or electronic notice and an opportunity to provide such information or certification not later than ten days after the issuance of such notice, suspend any future sales activity of such seller until such seller provides such information or certification.#

1. (1)

   An online marketplace shall verify:#

   1. (A)

      The information and documents collected under subsection (a) of this Code section not later than ten days after such collection; and#

   2. (B)

      Any change in such information or to such documents not later than ten days after being notified of such change by a high-volume third-party seller under subsection (b) of this Code section.#

2. (2)

   If a high-volume third-party seller provides a copy of a valid government issued tax document, any information contained within such tax document shall be presumed to be verified as of the date such document was issued.#