H1594B2659A04015 DMS:JMT 04/13/22 #90 A04015
AMENDMENTS TO HOUSE BILL NO. 1594
Sponsor: SENATOR TOMLINSON
Printer's No. 2659
Amend Bill, page 2, line 5, by striking out "may" and
inserting
shall
Amend Bill, page 3, line 2, by striking out "notify" and
inserting
issue a written or electronic notice to
Amend Bill, page 3, lines 6 through 14, by striking out all
of said lines and inserting
(2) Require a high-volume third-party seller on the online
marketplace's platform to, not later than ten days after
receiving the notice under this subsection:
(i) Submit any changes to the information under subsection
(a).
(ii) Certify there have been no changes to the information
required under subsection (a).
Amend Bill, page 3, line 15, by striking out "If" and
inserting
Immediately following the ten days, if
Amend Bill, page 3, line 16, by striking out "(b)" and
inserting
(b)(2)
Amend Bill, page 3, line 16, by striking out ", after
providing" and inserting
provide
Amend Bill, page 3, line 17, by inserting after "a"
second
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Amend Bill, page 3, line 19, by striking out "(b) not later
than" and inserting
(b)(2).
(d) If a high-volume third-party seller fails to comply
within
Amend Bill, page 3, line 20, by inserting after "notice,"
the online marketplace shall
Amend Bill, page 3, line 22, by striking out "(b)" and
inserting
(b)(2)
Amend Bill, page 3, line 23, by striking out "(d)" and
inserting
(e)
Amend Bill, page 3, line 29, by striking out "(e)" and
inserting
(f)
Amend Bill, page 4, line 4, by striking out "(f)" and
inserting
(g)
Amend Bill, page 4, line 13, by striking out "(g)" and
inserting
(h)
Amend Bill, page 4, line 18, by striking out "(h)" and
inserting
(i)
Amend Bill, page 4, line 20, by striking out "(h)" and
inserting
(i)
Amend Bill, page 4, line 26, by striking out "(h)" and
inserting
(i)
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Amend Bill, page 4, line 26, by striking out "(i)" and
inserting
(j)
Amend Bill, page 4, line 27, by inserting after "third-party"
seller
Amend Bill, page 4, line 27, by striking out "(g)" and
inserting
(h)
Amend Bill, page 4, line 29, by striking out "(g)" and
inserting
(h)
Amend Bill, page 5, line 9, by striking out "sellers" and
inserting
seller
Amend Bill, page 5, line 9, by striking out "user of" and
inserting
consumer on
Amend Bill, page 5, lines 10 through 12, by striking out ", ;
PROVIDED, THE REQUIREMENTS OF THIS SUBSECTION" in line 10, all
of line 11 and "ABUSE OR SPAM THROUGH SUCH COMMUNICATION" in
line 12
Amend Bill, page 5, line 21, by striking out "of an
authenticated purchaser"
Amend Bill, page 5, line 24, by striking out "(i)" and
inserting
(j)
Amend Bill, page 5, line 27, by striking out "(h)(1)" and
inserting
(i)(1)
Amend Bill, page 6, line 13, by striking out "(iii)" and
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inserting
(2)
Amend Bill, page 6, line 18, by striking out "(iv)" and
inserting
(3)
Amend Bill, page 6, lines 27 and 28, by striking out all of
line 27 and "(j)" in line 28 and inserting
(k)
Amend Bill, page 7, line 1, by striking out "(i)" and
inserting
(j)
Amend Bill, page 7, line 3, by striking out "(i)" and
inserting
(j)
Amend Bill, page 7, line 6, by striking out "(i)" and
inserting
(j)
Amend Bill, page 7, line 12, by striking out "(h)(1)" and
inserting
(i)(1)
Amend Bill, page 7, line 13, by striking out "(k)" and
inserting
(l)
Amend Bill, page 7, line 14, by inserting after "on"
each
Amend Bill, page 7, line 18, by striking out "(l)" and
inserting
(m)
Amend Bill, page 7, line 19, by inserting after "information"
on the platform
Amend Bill, page 7, line 20, by inserting after "the" where
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it occurs the second time
high-volume third-party
Amend Bill, page 7, lines 27 through 30; page 8, lines 1
through 17; by striking out all of said lines on said pages and
inserting
(n) This section shall not be construed to prevent an online
marketplace from preventing fraud, abuse or spam through any
legal capacity on the online marketplace.
(o) The Attorney General shall enforce the provisions of
this section. In addition to the relief under this act pursuant
to sections 4 and 4.1, a civil penalty of up to one thousand
dollars ($1,000) may be levied against any person or entity that
violates this section. A penalty may be levied for each
violation.
Amend Bill, page 8, line 18, by striking out "(n)" and
inserting
(p)
Amend Bill, page 8, line 22, by striking out "(o)" and
inserting
(q)
Amend Bill, page 8, lines 23 through 28, by striking out
"means tangible personal property that is" in line 23 and all of
lines 24 through 28 and inserting
as defined under section 101(1) of the Magnuson-Moss
Warranty-Federal Trade Commission Improvement Act (Public Law
93-637, 15 U.S.C. ยง 2301(1)).
Amend Bill, page 9, line 3, by striking out "or transactions"
Amend Bill, page 9, line 6, by striking out "or transactions"
Amend Bill, page 9, lines 7 and 8, by striking out "or
transactions"
Amend Bill, page 9, lines 13 and 14, by striking out "meets
all of the following criteria:
(1) The platform"
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Amend Bill, page 9, lines 17 through 20, by striking out the
period in line 17, all of lines 18 and 19 and "(3) The
platform" in line 20 and inserting
; is used by a third-party seller and
Amend Bill, page 10, line 16, by inserting after "a"
high-volume third-party
Amend Bill, page 10, line 17, by inserting after "the" where
it occurs the first time
high-volume third-party
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