Section 8-41-3 - Disclosure of identity information; grounds for suspension of future sales activity(a) Except as provided in subsection (b), an online marketplace shall require any high-volume third-party seller with an aggregate total of twenty thousand dollars ($20,000) or more in annual gross revenues on its platform to provide to the online marketplace and disclose to consumers in a clear and conspicuous manner all of the following identity information: (1) The full name of the high-volume third-party seller, including the company name or the name by which the seller or company operates on the online marketplace.(2) The physical address of the high-volume third-party seller.(3) Contact information for the high-volume third-party seller that will allow for direct unhindered communication with the seller by consumers of the online marketplace, including one or more of the following: a. A current working telephone number.b. A current working email address.c. Other means of direct electronic messaging, which may be provided by the online marketplace; provided, however, that the requirements of this paragraph shall not prohibit the online marketplace from preventing actual fraud, abuse, or spam through the communication.(4) Whether the high-volume third-party seller used a different seller to supply the product to the consumer upon purchase and, upon the request of an authenticated purchaser, the information described in subdivisions (1) through (3) relating to the different seller that is different than the high-volume third-party seller listed on the product listing page prior to purchase. The identity information of the different seller shall be provided on the product listing page, directly, via hyperlink, or, after the purchase is finalized, in the order confirmation message or other document or communication made to a consumer and in the consumer's account transaction history.(b) Upon the request of a high-volume third-party seller, an online marketplace may provide for partial disclosure of the identity information required under subsection (a) if the high-volume third-party seller certifies to the online marketplace that any of the following apply:(1) The seller does not have a business address and only has a residential street address, or has a combined business and residential address. If this subdivision is applicable, the online marketplace shall do both of the following: a. Disclose only the country and, if applicable, the city and state in which the seller resides.b. Inform consumers that there is no business address available for the high-volume third-party seller and that consumer inquiries should be submitted to the seller by telephone, email, or other means of electronic messaging provided to the seller by the online marketplace.(2) The seller is a business that has a physical address for product returns. If this subdivision is applicable, the online marketplace shall disclose the seller's physical address for product returns.(3) The seller does not have a telephone number other than a personal telephone number. If this subdivision is applicable, the online marketplace shall inform consumers that there is no telephone number available for the seller and that consumer inquiries should be submitted to the seller's email address or other means of electronic messaging provided to the seller by the online marketplace.(c)(1) Subject to subdivision (3), an online marketplace shall suspend any future sales activity of a high-volume third-party seller if the online marketplace becomes aware of either of the following: a. That the high-volume third-party seller has made a false representation to the online marketplace in order to justify the provision of a partial disclosure of the identity information under subsection (b).b. That the high-volume third-party seller that has requested and received a provision for a partial disclosure has not provided responsive answers within a reasonable time frame to consumer inquiries submitted to the seller by telephone, email, or other means of electronic messaging provided to the seller by the online marketplace.(2) Prior to any suspension under this subsection, the online marketplace shall provide the high-volume third-party seller with written or electronic notice and an opportunity to respond not later than 10 days after the issuance of the notice.(3) A high-volume third-party seller may avoid suspension under this subsection by consenting to the disclosure of the identity information required under subsection (a).(d) If a high-volume third-party seller does not comply with the requirements to provide and disclose information under this section, then, after providing the seller with written or electronic notice and an opportunity to provide or disclose the information not later than 10 days after the issuance of the notice, the online marketplace shall suspend any future sales activities of the seller until the seller complies with the requirements.Ala. Code § 8-41-3 (1975)
Added by Act 2022-441,§ 3, eff. 1/1/2023.