Bill Text: MI HB5485 | 2021-2022 | 101st Legislature | Introduced


Bill Title: Consumer protection: consumer solicitation; disclosures to consumers regarding high-volume third-party sellers on online marketplaces; require. Amends 1976 PA 331 (MCL 445.991 - 445.922) by adding sec. 3p. TIE BAR WITH: HB 5486'21, HB 5487'21

Spectrum: Slight Partisan Bill (Democrat 7-4)

Status: (Introduced) 2021-10-28 - Bill Electronically Reproduced 10/27/2021 [HB5485 Detail]

Download: Michigan-2021-HB5485-Introduced.html

 

 

 

 

 

 

 

 

 

 

HOUSE BILL NO. 5485

October 27, 2021, Introduced by Reps. Frederick, Tisdel, Weiss, Hall, Aiyash, Hertel, Brixie, Breen, Lilly, Steckloff and Rogers and referred to the Committee on Judiciary.

A bill to amend 1976 PA 331, entitled

"Michigan consumer protection act,"

(MCL 445.901 to 445.922) by adding section 3p.

the people of the state of michigan enact:

Sec. 3p. (1) An online marketplace shall require a high-volume third-party seller on its online marketplace to provide, and shall disclose to consumers in a conspicuous manner either on the product listing or, for information other than the seller's full name, through a conspicuously placed link on the product listing, all of the following information:

(a) Subject to subsection (2), the identity of the high-volume third-party seller, which must include all of the following:

(i) The name of the seller.

(ii) The full physical address of the seller.

(iii) Whether the seller also engages in the manufacturing, importing, or reselling of consumer products.

(iv) Contact information for the seller, including a working telephone number and working email address. The working email address may be provided to the high-volume third-party seller by the online marketplace.

(b) Any other information required by the department under rules promulgated under subsection (6) to prevent the circumvention or evasion of this subsection.

(2) Subject to subsection (3), on the request of a high-volume third-party seller, an online marketplace may permit the partial disclosure of the identity information required under subsection (1)(a) as follows:

(a) If the high-volume third-party seller denotes to the online marketplace that the seller does not have a business address and has only a residential street address, the online marketplace shall permit the disclosure of seller's physical address to be limited to the country and, if applicable, the state in which the high-volume third-party seller resides. If a partial disclosure is made under this subdivision, the online marketplace shall inform consumers that there is no business address available for the seller and that consumer inquiries should be submitted to the seller by telephone or email.

(b) If the high-volume third-party seller denotes to the online marketplace that the seller is a business that has a physical address for product returns, the online marketplace shall permit the seller's physical address for product returns to be disclosed as the seller's physical address.

(3) If an online marketplace becomes aware that a high-volume third-party seller has made a false representation under subsection (2) or, after requesting and receiving permission for partial disclosure under subsection (2), has not provided responsive answers within a reasonable time to consumer inquiries submitted to the seller by telephone or email, the online marketplace shall withdraw its permission for partial disclosure and require the full disclosure of the identity information required under subsection (1)(a) upon 3 business days' notice to the high-volume third-party seller.

(4) An online marketplace shall include, in a conspicuous manner on the product listing page of any high-volume third-party seller, a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace and a message encouraging consumers to report suspicious activity to the online marketplace.

(5) An online marketplace that warehouses, distributes, or otherwise fulfills a consumer product order shall disclose to the consumer the identification of a high-volume third-party seller supplying the consumer product if different than the seller listed on the product listing page.

(6) The attorney general may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, regarding additional information that must be provided and disclosed under subsection (1)(b). Rules promulgated under this subsection must limit the additional information to what is necessary to prevent the circumvention or evasion of subsection (1).

(7) A political subdivision shall not establish, mandate, or otherwise require an online marketplace to disclose information to consumers regarding high-volume third-party sellers.

Enacting section 1. This amendatory act takes effect 180 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 101st Legislature are enacted into law:

(a) Senate Bill No.____ or House Bill No. 5486 (request no. 02444'21 *).

(b) Senate Bill No.____ or House Bill No. 5487 (request no. 03416'21 *).

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