[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3073 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 3073
To require online marketplaces to disclose certain verified information
regarding sellers of children's products to inform consumers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 17, 2019
Mr. Cassidy (for himself, Mr. Tillis, and Mr. Menendez) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require online marketplaces to disclose certain verified information
regarding sellers of children's products to inform consumers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping All Nefarious Toys in
America Act'' or ``SANTA Act''.
SEC. 2. DISCLOSURE OF INFORMATION BY ONLINE MARKETPLACES TO INFORM
CONSUMERS.
(a) Verification Required.--Any online marketplace that sells,
allows, facilitates, or enables the online sale of children's products
shall verify the identity of the seller of a new and unused children's
product through requiring the following information to be provided by
the seller:
(1) Verified bank account information.
(2) Government issued photo identification.
(3) Government issued record verifying the individual or
business contact information. Contact information shall be
verified on an ongoing basis to ensure seller is available for
consumer outreach.
(b) Information Required.--Any online marketplace that sells,
allows, facilitates, or enables the online sale of a children's product
shall disclose to consumers in a conspicuous manner or through a link
on the product listing, the following information:
(1) The identity of any seller of a new children's product
which shall include--
(A) the full name of the seller;
(B) the full business address of the seller;
(C) whether the seller is the manufacturer,
importer, retailer, or reseller of the children's
product; and
(D) contact information for the seller, including
phone number and working email address.
(2) Any other information determined appropriate by the
Federal Trade Commission.
(c) Fulfillment or Shipment by Different Party Than Seller.--In
addition to the requirements of subsection (b), an online marketplace
that warehouses, distributes, or otherwise fulfills the children's
product order shall disclose to the consumer prior to purchase the
identification of the seller supplying the children's product if
different than the seller listed on the product listing page.
(d) Enforcement.--
(1) Unfair and deceptive acts or practices.--A violation of
subsection (a), (b), or (c) shall be treated as a violation 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)).
(2) Powers of federal trade commission.--
(A) In general.--The Federal Trade Commission shall
enforce this Act 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 et seq.)
were incorporated into and made a part of this Act.
(B) Privileges and immunities.--Any person that
violates subsection (a), (b), or (c) 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 et seq.).
(3) Regulations.--The Federal Trade Commission may
promulgate regulations under section 553 of title 5, United
States Code, as necessary with respect to collecting and
verifying information under this section.
(4) Authority preserved.--Nothing in this Act shall be
construed to limit the authority of the Federal Trade
Commission under any other provision of law.
(e) Definitions.--In this Act:
(1) Children's product.--The term ``children's product''
means a consumer product designed or intended primarily for
children 12 years of age or younger. In determining whether a
consumer product is primarily intended for a child 12 years of
age or younger, each of the following factors shall be
considered:
(A) A statement by the manufacturer about the
intended use of the product, including a label on the
product, if such statement is reasonable.
(B) Whether the product is represented in its
packaging, display, promotion, or advertising as
appropriate for use by children 12 years of age or
younger.
(C) Whether the product is commonly recognized by
consumers as being intended for use by a child 12 years
of age or younger.
(2) Online marketplace.--The term ``online marketplace''
means any electronically based or accessed platform that hosts
sellers, including third party sellers, and includes features
that allow for, facilitate, or enable the sale, purchase,
payment, storage, shipping, or delivery of a consumer product
in the United States.
(3) Seller.--The term ``seller'' means a person who
imports, stores, sells, offers for sale, distributes, ships, or
delivers a consumer product through an online marketplace. The
term ``seller'' includes third party sellers.
(4) Third party seller.--The term ``third party seller''
means any seller independent of an operator, facilitator, or
owner of an online marketplace, and which imports, stores,
sells or offers for sale, distributes, ships, or delivers a
consumer product in the United States through an online
marketplace.
SEC. 3. OTHER AUTHORITIES.
Nothing in this Act shall be construed to limit or otherwise affect
any other Federal authority, rule, regulation, or standard that applies
to children's products, including the provisions of section 230 of the
Communications Act of 1934 (47 U.S.C. 230) as such provisions apply to
an online marketplace.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of the enactment
of this Act.
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