---
kind: "section"
citation: "15 U.S.C. § 45f"
title: "15"
title_heading: "Commerce and Trade"
number: "45f"
heading: "Collection, verification, and disclosure of information by online marketplaces to inform consumers"
release: "119-102"
url: "https://uscodex.org/usc/15/45f"
units:
  - "Chapter 2 — Federal Trade Commission; Promotion of Export Trade and Prevention of Unfair Methods of Competition"
  - "Subchapter I — Federal Trade Commission"
---

# §45f. Collection, verification, and disclosure of information by online marketplaces to inform consumers

- (a) **Collection and verification of information—**
  - (1) **Collection—**
    - (A) **In general—** An [online marketplace](#f-4) shall require any [high-volume third party seller](#f-3-A) on such [online marketplace](#f-4)’s platform to provide, not later than 10 days after qualifying as a [high-volume third party seller](#f-3-A) on the platform, the following information to the [online marketplace](#f-4):
      - (i) **Bank account—**
        - (I) **In general—** A [bank](/usc/15/57a.md?p=f-2) [account](/usc/15/1681a.md?p=r-4) number, or, if such [seller](#f-5) does not have a [bank](/usc/15/57a.md?p=f-2) [account](/usc/15/1681a.md?p=r-4), the name of the payee for payments issued by the [online marketplace](#f-4) to such [seller](#f-5).
        - (II) **Provision of information—** The [bank](/usc/15/57a.md?p=f-2) [account](/usc/15/1681a.md?p=r-4) or payee information required under [subclause (I)](#a-1-A-i-I) may be provided by the [seller](#f-5) in the following ways:
          - (aa) To the [online marketplace](#f-4).
          - (bb) To a payment processor or other third party contracted by the [online marketplace](#f-4) to maintain such information, provided that the [online marketplace](#f-4) ensures that it can obtain such information within 3 business days from such payment processor or other third party.
      - (ii) **Contact information—** Contact information for such [seller](#f-5) as follows:
        - (I) With respect to a [high-volume third party seller](#f-3-A) that is an individual, the individual’s name.
        - (II) With respect to a [high-volume third party seller](#f-3-A) that is not an individual, one of the following forms of contact information:
          - (aa) A copy of a valid government-issued identification for an individual acting on behalf of such [seller](#f-5) that includes the individual’s name.
          - (bb) A copy of a valid government-issued record or tax document that includes the business name and physical address of such [seller](#f-5).
      - (iii) **Tax ID—** A business tax identification number, or, if such [seller](#f-5) does not have a business tax identification number, a taxpayer identification number.
      - (iv) **Working email and phone number—** A current working email address and phone number for such [seller](#f-5).
    - (B) **Notification of change; annual certification—** An [online marketplace](#f-4) shall—
      - (i) periodically, but not less than annually, notify any [high-volume third party seller](#f-3-A) on such [online marketplace](#f-4)’s platform of the requirement to keep any information collected under [subparagraph (A)](#a-1-A) current; and
      - (ii) require any [high-volume third party seller](#f-3-A) on such [online marketplace](#f-4)’s platform to, not later than 10 days after receiving the notice under [clause (i)](#a-1-B-i), electronically certify that—
        - (I) the [seller](#f-5) has provided any changes to such information to the [online marketplace](#f-4), if any such changes have occurred; or
        - (II) there have been no changes to such [seller](#f-5)’s information.
    - (C) **Suspension—** In the event that a [high-volume third party seller](#f-3-A) does not provide the information or certification required under this paragraph, the [online marketplace](#f-4) shall, after providing the [seller](#f-5) with written or electronic notice and an opportunity to provide such information or certification not later than 10 days after the issuance of such notice, suspend any future sales activity of such [seller](#f-5) until such [seller](#f-5) provides such information or certification.
  - (2) **Verification—**
    - (A) **In general—** An [online marketplace](#f-4) shall—
      - (i) [verify](#f-7) the information collected under [paragraph (1)(A)](#a-1-A) not later than 10 days after such collection; and
      - (ii) [verify](#f-7) any change to such information not later than 10 days after being notified of such change by a [high-volume third party seller](#f-3-A) under [paragraph (1)(B)](#a-1-B).
    - (B) **Presumption of verification—** In the case of a [high-volume third party seller](#f-3-A) that provides a copy of a valid government-issued tax document, any information contained in such document shall be presumed to be verified as of the date of issuance of such document.
  - (3) **Data use limitation—** Data collected solely to comply with the requirements of this section may not be used for any other purpose unless required by law.
  - (4) **Data security requirement—** An [online marketplace](#f-4) shall implement and maintain reasonable [security](/usc/15/78lll.md?p=14) procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the data and the purposes for which the data will be used, to protect the data collected to comply with the requirements of this section from [unauthorized use](/usc/15/1602.md?p=p), disclosure, access, destruction, or modification.
- (b) **Disclosure required—**
  - (1) **Requirement—**
    - (A) **In general—** An [online marketplace](#f-4) shall—
      - (i) require any [high-volume third party seller](#f-3-A) with an aggregate total of $20,000 or more in annual gross revenues on such [online marketplace](#f-4), and that uses such [online marketplace](#f-4)’s platform, to provide the information described in [subparagraph (B)](#b-1-B) to the [online marketplace](#f-4); and
      - (ii) disclose the information described in [subparagraph (B)](#b-1-B) to [consumers](/usc/15/1615.md?p=d-2) in a clear and conspicuous manner—
        - (I) on the product listing page (including via hyperlink); or
        - (II) in the [order](/usc/15/8702.md?p=14) confirmation message or other document or communication made to the [consumer](/usc/15/1615.md?p=d-2) after the [purchase](/usc/15/78c–5.md?p=g) is finalized and in the [consumer](/usc/15/1615.md?p=d-2)’s [account](/usc/15/1681a.md?p=r-4) transaction history.
    - (B) **Information described—** The information described in this subparagraph is the following:
      - (i) Subject to [paragraph (2)](#b-2), the identity of the [high-volume third party seller](#f-3-A), including—
        - (I) the full name of the [seller](#f-5), which may include the [seller](#f-5) name or [seller](#f-5)’s company name, or the name by which the [seller](#f-5) or company operates on the [online marketplace](#f-4);
        - (II) the physical address of the [seller](#f-5); and
        - (III) contact information for the [seller](#f-5), to allow for the direct, unhindered communication with [high-volume third party sellers](#f-3-A) by users of the [online marketplace](#f-4), including—
          - (aa) a current working phone number;
          - (bb) a current working email address; or
          - (cc) other means of direct electronic messaging (which may be provided to such [seller](#f-5) by the [online marketplace](#f-4)), provided that the requirements of this item shall not prevent an [online marketplace](#f-4) from monitoring communications between [high-volume third party sellers](#f-3-A) and users of the [online marketplace](#f-4) for fraud, abuse, or spam.
      - (ii) Whether the [high-volume third party seller](#f-3-A) used a different [seller](#f-5) to supply the [consumer product](#f-2) to the [consumer](/usc/15/1615.md?p=d-2) upon [purchase](/usc/15/78c–5.md?p=g), and, upon the request of an authenticated purchaser, the information described in [clause (i)](#b-1-B-i) relating to any such [seller](#f-5) that supplied the [consumer product](#f-2) to the purchaser, if such [seller](#f-5) is different than the [high-volume third party seller](#f-3-A) listed on the product listing prior to [purchase](/usc/15/78c–5.md?p=g).
  - (2) **Exception—**
    - (A) **In general—** Subject to [subparagraph (B)](#b-2-B), upon the request of a [high-volume third party seller](#f-3-A), an [online marketplace](#f-4) may provide for partial disclosure of the identity information required under [paragraph (1)(B)(i)](#b-1-B-i) in the following situations:
      - (i) If such [seller](#f-5) certifies to the [online marketplace](#f-4) that the [seller](#f-5) does not have a business address and only has a residential street address, or has a combined business and residential address, the [online marketplace](#f-4) may—
        - (I) disclose only the country and, if applicable, the [State](/usc/15/15g.md?p=2) in which such [seller](#f-5) resides; and
        - (II) inform [consumers](/usc/15/1615.md?p=d-2) that there is no business address available for the [seller](#f-5) and that [consumer](/usc/15/1615.md?p=d-2) inquiries should be submitted to the [seller](#f-5) by phone, email, or other means of electronic messaging provided to such [seller](#f-5) by the [online marketplace](#f-4).
      - (ii) If such [seller](#f-5) certifies to the [online marketplace](#f-4) that the [seller](#f-5) is a business that has a physical address for product returns, the [online marketplace](#f-4) may disclose the [seller](#f-5)’s physical address for product returns.
      - (iii) If such [seller](#f-5) certifies to the [online marketplace](#f-4) that the [seller](#f-5) does not have a phone number other than a personal phone number, the [online marketplace](#f-4) shall inform [consumers](/usc/15/1615.md?p=d-2) that there is no phone number available for the [seller](#f-5) and that [consumer](/usc/15/1615.md?p=d-2) inquiries should be submitted to the [seller](#f-5)’s email address or other means of electronic messaging provided to such [seller](#f-5) by the [online marketplace](#f-4).
    - (B) **Limitation on exception—** If an [online marketplace](#f-4) becomes aware that a [high-volume third party seller](#f-3-A) has made a false representation to the [online marketplace](#f-4) in [order](/usc/15/8702.md?p=14) to justify the provision of a partial disclosure under [subparagraph (A)](#b-2-A) or that a [high-volume third party seller](#f-3-A) who has requested and received a provision for a partial disclosure under [subparagraph (A)](#b-2-A) has not provided responsive answers within a reasonable time frame to [consumer](/usc/15/1615.md?p=d-2) inquiries submitted to the [seller](#f-5) by phone, email, or other means of electronic messaging provided to such [seller](#f-5) by the [online marketplace](#f-4), the [online marketplace](#f-4) shall, after providing the [seller](#f-5) with written or electronic notice and an opportunity to respond not later than 10 days after the issuance of such notice, suspend any future sales activity of such [seller](#f-5) unless such [seller](#f-5) consents to the disclosure of the identity information required under [paragraph (1)(B)(i)](#b-1-B-i).
  - (3) **Reporting mechanism—** An [online marketplace](#f-4) shall disclose to [consumers](/usc/15/1615.md?p=d-2) in a clear and conspicuous manner on the product listing of any [high-volume third party seller](#f-3-A) a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the [online marketplace](#f-4).
  - (4) **Compliance—** If a [high-volume third party seller](#f-3-A) does not comply with the requirements to provide and disclose information under this subsection, the [online marketplace](#f-4) shall, after providing the [seller](#f-5) with written or electronic notice and an opportunity to provide or disclose such information not later than 10 days after the issuance of such notice, suspend any future sales activity of such [seller](#f-5) until the [seller](#f-5) complies with such requirements.
- (c) **Enforcement by Federal Trade Commission—**
  - (1) **Unfair and deceptive acts or practices—** A [violation](/usc/15/57b–1.md?p=a-7) of subsection [(a)](#a) or [(b)](#b) by an [online marketplace](#f-4) shall be treated as a [violation](/usc/15/57b–1.md?p=a-7) of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ([15 U.S.C. 57a(a)(1)(B)](/usc/15/57a.md?p=a-1-B)).
  - (2) **Powers of the Commission—**
    - (A) **In general—** The [Commission](#f-1) shall enforce subsections [(a)](#a) and [(b)](#b) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ([15 U.S.C. 41](/usc/15/41.md) et seq.) were incorporated into and made a part of this section.
    - (B) **Privileges and immunities—** Any [person](/usc/15/78m.md?p=h-8-E) that violates subsection [(a)](#a) or [(b)](#b) shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Federal Trade Commission Act ([15 U.S.C. 41](/usc/15/41.md) et seq.).
  - (3) **Regulations—** The [Commission](#f-1) may promulgate regulations under [section 553 of title 5](/usc/5/553.md) with respect to the collection, verification, or disclosure of information under this section, provided that such regulations are limited to what is necessary to collect, [verify](#f-7), and disclose such information.
  - (4) **Authority preserved—** Nothing in this section shall be construed to limit the [authority](/usc/15/3051.md?p=1) of the [Commission](#f-1) under any other provision of law.
- (d) **Enforcement by State attorneys general—**
  - (1) **In general—** If the attorney general of a [State](/usc/15/15g.md?p=2) has reason to believe that any [online marketplace](#f-4) has violated or is violating this section or a regulation promulgated under this section that affects one or more residents of that [State](/usc/15/15g.md?p=2), the attorney general of the [State](/usc/15/15g.md?p=2) may bring a civil action in any appropriate district court of the United States, to—
    - (A) enjoin further such [violation](/usc/15/57b–1.md?p=a-7) by the defendant;
    - (B) enforce compliance with this section or such regulation;
    - (C) obtain civil penalties in the amount provided for under [subsection (c)](#c);
    - (D) obtain other remedies permitted under [State](/usc/15/15g.md?p=2) law; and
    - (E) obtain damages, restitution, or other compensation on behalf of residents of the [State](/usc/15/15g.md?p=2).
  - (2) **Notice—** The attorney general of a [State](/usc/15/15g.md?p=2) shall provide prior written notice of any action under [paragraph (1)](#d-1) to the [Commission](#f-1) and provide the [Commission](#f-1) with a copy of the complaint in the action, except in any case in which such prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action.
  - (3) **Intervention by the Commission—** Upon receiving notice under [paragraph (2)](#d-2), the [Commission](#f-1) shall have the right—
    - (A) to intervene in the action;
    - (B) upon so intervening, to be heard on all matters arising therein; and
    - (C) to file petitions for appeal.
  - (4) **Limitation on State action while Federal action is pending—** If the [Commission](#f-1) has instituted a civil action for [violation](/usc/15/57b–1.md?p=a-7) of this section or a regulation promulgated under this section, no [State attorney general](/usc/15/15g.md?p=1), or official or agency of a [State](/usc/15/15g.md?p=2), may bring a separate action under [paragraph (1)](#d-1) during the pendency of that action against any defendant named in the complaint of the [Commission](#f-1) for any [violation](/usc/15/57b–1.md?p=a-7) of this section or a regulation promulgated under this section that is alleged in the complaint. A [State attorney general](/usc/15/15g.md?p=1), or official or agency of a [State](/usc/15/15g.md?p=2), may join a civil action for a [violation](/usc/15/57b–1.md?p=a-7) of this section or regulation promulgated under this section filed by the [Commission](#f-1).
  - (5) **Rule of construction—** For purposes of bringing a civil action under [paragraph (1)](#d-1), nothing in this section shall be construed to prevent the chief law enforcement officer, or official or agency of a [State](/usc/15/15g.md?p=2), from exercising the powers conferred on such chief law enforcement officer, or official or agency of a [State](/usc/15/15g.md?p=2), by the laws of the [State](/usc/15/15g.md?p=2) to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.
  - (6) **Actions by other State officials—**
    - (A) **In general—** In addition to civil actions brought by attorneys general under [paragraph (1)](#d-1), any other officer of a [State](/usc/15/15g.md?p=2) who is authorized by the [State](/usc/15/15g.md?p=2) to do so, except for any private [person](/usc/15/78m.md?p=h-8-E) on behalf of the [State attorney general](/usc/15/15g.md?p=1), may bring a civil action under [paragraph (1)](#d-1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general.
    - (B) **Savings provision—** Nothing in this subsection may be construed to prohibit an authorized official of a [State](/usc/15/15g.md?p=2) from initiating or continuing any proceeding in a court of the [State](/usc/15/15g.md?p=2) for a [violation](/usc/15/57b–1.md?p=a-7) of any civil or criminal law of the [State](/usc/15/15g.md?p=2).
- (e) **Severability—** If any provision of this section, or the [application](/usc/15/77ccc.md?p=8) thereof to any [person](/usc/15/78m.md?p=h-8-E) or circumstance, is held invalid, the remainder of this section and the [application](/usc/15/77ccc.md?p=8) of such provision to other [persons](/usc/15/78m.md?p=h-8-E) not similarly situated or to other circumstances shall not be affected by the invalidation.
- (f) **Definitions—** In this section:
  - (1) **Commission—** The term “Commission” means the Federal Trade Commission.
  - (2) **Consumer product—** The term “consumer product” has the meaning given such term in [section 2301 of this title](/usc/15/2301.md) and [section 700.1 of title 16, Code of Federal Regulations](/cfr/16/700.1.md).
  - (3) **High-volume third party seller—**
    - (A) **In general—** The term “high-volume third party seller” means a participant on an [online marketplace](#f-4)’s platform who is a [third party seller](#f-6-A) and, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete sales or transactions of new or unused [consumer products](#f-2) and an aggregate total of $5,000 or more in gross revenues.
    - (B) **Clarification—** For purposes of calculating the number of discrete sales or transactions or the aggregate gross revenues under [subparagraph (A)](#f-3-A), an [online marketplace](#f-4) shall only be required to count sales or transactions made through the [online marketplace](#f-4) and for which payment was processed by the [online marketplace](#f-4), either directly or through its payment processor.
  - (4) **Online marketplace—** The term “online marketplace” means any [person](/usc/15/78m.md?p=h-8-E) or entity that operates a [consumer](/usc/15/1615.md?p=d-2)-directed electronically based or accessed platform that—
    - (A) includes features that allow for, facilitate, or enable [third party sellers](#f-6-A) to engage in the sale, [purchase](/usc/15/78c–5.md?p=g), payment, storage, shipping, or delivery of a [consumer product](#f-2) in the United States;
    - (B) is used by one or more [third party sellers](#f-6-A) for such purposes; and
    - (C) has a contractual or similar relationship with [consumers](/usc/15/1615.md?p=d-2) governing their use of the platform to [purchase](/usc/15/78c–5.md?p=g) [consumer products](#f-2).
  - (5) **Seller—** The term “seller” means a [person](/usc/15/78m.md?p=h-8-E) who sells, offers to sell, or contracts to sell a [consumer product](#f-2) through an [online marketplace](#f-4)’s platform.
  - (6) **Third party seller—**
    - (A) **In general—** The term “third party seller” means any [seller](#f-5), independent of an [online marketplace](#f-4), who sells, offers to sell, or contracts to sell a [consumer product](#f-2) in the United States through such [online marketplace](#f-4)’s platform.
    - (B) **Exclusions—** The term “[third party seller](#f-6-A)” does not include, with respect to an [online marketplace](#f-4)—
      - (i) a [seller](#f-5) who operates the [online marketplace](#f-4)’s platform; or
      - (ii) a business entity that has—
        - (I) made available to the general public the entity’s name, business address, and working contact information;
        - (II) an ongoing contractual relationship with the [online marketplace](#f-4) to provide the [online marketplace](#f-4) with the manufacture, distribution, wholesaling, or fulfillment of shipments of [consumer products](#f-2); and
        - (III) provided to the [online marketplace](#f-4) identifying information, as described in [subsection (a)](#a), that has been verified in accordance with that subsection.
  - (7) **Verify—** The term “verify” means to confirm information provided to an [online marketplace](#f-4) pursuant to this section, which may include the use of one or more methods that enable the [online marketplace](#f-4) to reliably determine that any information and documents provided are valid, corresponding to the [seller](#f-5) or an individual acting on the [seller](#f-5)’s behalf, not misappropriated, and not falsified.
- (g) **Relationship to State laws—** No [State](/usc/15/15g.md?p=2) or political subdivision of a [State](/usc/15/15g.md?p=2), or territory of the United States, may establish or continue in effect any law, regulation, rule, requirement, or standard that conflicts with the requirements of this section.
- (h) **Effective date—** This section shall take effect 180 days after December 29, 2022.

## Source credit

(Pub. L. 117–328, div. BB, title III, § 301, Dec. 29, 2022, 136 Stat. 5555.)

## Notes

### Editorial Notes

### References in Text

The Federal Trade Commission Act, referred to in subsec. (c)(2), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables.

### Codification

Section was enacted as part of the Consolidated Appropriations Act, 2023, and not as part of the Federal Trade Commission Act which comprises this chapter.