Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 SENATE BILL 405
4
5 By: Senator J. Dismang
6 By: Representative Maddox
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE ONLINE MARKETPLACE CONSUMER
10 INFORM ACT; AND FOR OTHER PURPOSES.
11
12
13 Subtitle
14 TO AMEND THE ONLINE MARKETPLACE CONSUMER
15 INFORM ACT.
16
17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
18
19 SECTION 1. Arkansas Code � 4-119-102(3), concerning the definition of
20 "online marketplace" used under the Online Marketplace Consumer Inform Act,
21 is amended to read as follows:
22 (3) "Online marketplace" means any electronically based or
23 electronically accessed consumer-directed platform that:
24 (A) Includes features that allow for, facilitate, or
25 enable third-party sellers to engage in the sale, purchase, payment, storage,
26 shipping, or delivery of a consumer product in the United States; and
27 (B) Hosts one (1) or more third-party sellers;
28
29 SECTION 2. Arkansas Code � 4-119-102(6), concerning the definition of
30 "verify" used under the Online Marketplace Consumer Inform Act, is amended to
31 read as follows:
32 (6) "Verify" means to confirm information provided to an online
33 marketplace under � 4-119-103 by the use of:
34 (A) A third-party or proprietary identity verification
35 system that has the capability to confirm a seller's name, email address,
36 physical address, and telephone number; or
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1 (B) A combination of two-factor authentication, public
2 records search, and the presentation of a government-issued identification
3 one (1) or more reliable methods that enable the online marketplace to
4 determine that any information and documents provided are:
5 (A) Valid;
6 (B) Corresponding to the seller or an individual acting on
7 behalf of the seller; and
8 (C) Not misappropriated or falsified.
9
10 SECTION 3. Arkansas Code � 4-119-103 is amended to read as follows:
11 4-119-103. Online marketplace -- Verification required.
12 (a) An online marketplace shall require a high-volume third-party
13 seller to provide to the online marketplace within twenty-four (24) hours
14 within ten (10) days of becoming a high-volume third-party seller:
15 (1)(A)(i) Bank account information, the accuracy of which has
16 been confirmed directly by the online marketplace, a payment processor, or
17 other third party contracted by the online marketplace.
18 (ii) If the high-volume third-party seller does not
19 have a bank account, then the name of the payee for payments issued by the
20 online marketplace to the high-volume third-party seller.
21 (B) The bank account information or payee information
22 described in subdivision (a)(1)(A)(i) or subdivision (a)(1)(A)(ii) of this
23 section may be provided by the high-volume third-party seller:
24 (i) To the online marketplace; or
25 (ii) To a payment processor or other third party
26 contracted by the online marketplace to maintain the information, provided
27 that the online marketplace may obtain the information on demand within three
28 (3) business days from the payment processor or other third party contracted
29 by the online marketplace;
30 (2)(A) Contact information for the high-volume third-party
31 seller.
32 (B) As used in subdivision (a)(2)(A) of this section,
33 "contact information" includes:
34 (i) If the high-volume third-party seller is an
35 individual, a copy of a government-issued photo identification for the
36 individual high-volume third-party seller that includes the high-volume
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1 third-party seller's name and physical address the individual's name;
2 (ii) If the high-volume third-party seller is not an
3 individual, then:
4 (a) A copy of a government-issued photo
5 identification for an individual acting on behalf of the high-volume third-
6 party seller that includes the individual's name and physical address; or
7 (b) A copy of a government-issued record or
8 tax document that includes the business name and physical address of the
9 high-volume third-party seller; and
10 (iii) A working email address and working telephone
11 number for the high-volume third-party seller; and
12 (3) A business tax identification number or, if the high-volume
13 third-party seller does not have a business tax identification number, a
14 taxpayer identification number; and
15 (4) Whether or not the high-volume third-party seller:
16 (A) Is exclusively advertising or offering a consumer
17 product on the online marketplace; and
18 (B) Is currently advertising or offering for sale the same
19 consumer product or products on any other internet websites other than the
20 online marketplace.
21 (b)(1) An online marketplace shall verify:
22 (A) The information provided in subsection (a) of this
23 section within three (3) ten (10) days; and
24 (B) Any changes to the information described in subsection
25 (a) of this section within three (3) ten (10) days of receipt of any changes
26 to the information that is provided to the online marketplace by a high-
27 volume third-party seller.
28 (2) If a high-volume third-party seller provides a copy of a
29 valid government-issued tax document, then the information contained within
30 the tax document shall be presumed to be verified as of the date of issuance
31 of the record or document.
32 (3)(A) An online marketplace shall, at least annually:
33 (i) Notify each high-volume third-party seller
34 operating on the online marketplace that the high-volume third-party seller
35 shall inform the online marketplace of any changes to the information
36 provided by the high-volume third-party seller under subsection (a) of this
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1 section within three (3) ten (10) days of receiving the notification; and
2 (ii) Instruct each high-volume third-party seller,
3 as part of the notification, to electronically certify either that the high-
4 volume third-party seller's information is unchanged or that the high-volume
5 third-party seller is providing changes to the information described in
6 subsection (a) of this section.
7 (B) If the online marketplace becomes aware that a high-
8 volume third-party seller has not certified that the high-volume third-party
9 seller's information is unchanged or has not provided the changed information
10 within three (3) ten (10) days of receiving the notification, then the online
11 marketplace shall suspend the high-volume third-party seller's participation
12 on the online marketplace until the high-volume third-party seller either
13 certifies that the high-volume third-party seller's information is unchanged
14 or provides the information that has changed and the information is verified.
15 (c) An online marketplace shall require a high-volume third-party
16 seller in with an aggregate total of twenty thousand dollars ($20,000) or
17 more in annual gross revenues on the online marketplace to provide and
18 disclose to consumers in a conspicuous manner and in bold print on the
19 product listing or, for information other than the high-volume third-party
20 seller's full name, through a conspicuously placed link on the listing of the
21 consumer product listing including through a hyperlink, in the order
22 confirmation message, or other document or communication made to the consumer
23 after the purchase is finalized and in the consumer's account transaction
24 history:
25 (1) The identity of the high-volume third-party seller that
26 shall include:
27 (A) The full name of the high-volume third-party seller
28 that may include without limitation the seller's name or seller's company
29 name or the name by which the seller or the seller's company operates on the
30 online marketplace;
31 (B) The full physical address of the high-volume third-
32 party seller; and
33 (C)(i) Whether the high-volume third-party seller also
34 engages in the manufacturing, importing, or reselling of consumer products;
35 and
36 (D)(i) Contact information for the high-volume third-party
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1 seller, including a working telephone number, and working email address, or
2 other means of direct electronic messaging that may be provided to the seller
3 by the online marketplace, if the requirements of this item do not prevent an
4 online marketplace from monitoring the communications between a high-volume
5 third party seller and a user of the online marketplace for potential fraud,
6 abuse, or spam.
7 (ii) The working email address required under
8 subdivision (c)(1)(D)(i) (c)(1)(C)(i) of this section may be provided to the
9 high-volume third-party seller through the online marketplace if assigned to
10 the high-volume third-party seller; and
11 (2) Any other information determined to be necessary to address
12 circumvention or evasion of the requirements of this chapter if the
13 additional information is limited to what is necessary to address such
14 circumvention or evasion.
15 (d) Except as provided in subsection (b) of this section, upon the
16 request of a high-volume third-party seller, an online marketplace may
17 provide for partial disclosure of the identifying information required under
18 subsection (c) of this section if:
19 (1) The high-volume third-party seller demonstrates to the
20 online marketplace that the high-volume third-party seller does not have a
21 business address and only has a residential street address, the online
22 marketplace may:
23 (A) Direct the high-volume third-party seller to disclose
24 only the country and, if applicable, the state in which the high-volume
25 third-party seller resides on the listing of the consumer product;
26 (B) Inform a consumer that there is no business address
27 available for the high-volume third-party seller; and
28 (C) Inform a consumer that any consumer inquiries should
29 be submitted to the high-volume third-party seller by telephone or email;
30 (2) The high-volume third-party seller demonstrates to the
31 online marketplace that the seller is a business that has a physical address
32 for consumer product returns, then the online marketplace may direct the
33 high-volume third-party seller to disclose the high-volume third-party
34 seller's physical address for consumer product returns; or
35 (3) A high-volume third-party seller demonstrates to the online
36 marketplace that the high-volume third-party seller only has a personal
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1 telephone number, the online marketplace shall inform consumers that there is
2 no telephone number available for the high-volume third-party seller and that
3 any consumer inquiries should be submitted to the high-volume third-party
4 seller's email address.
5 (e) If an online marketplace becomes aware that a high-volume third-
6 party seller has made a false representation to the online marketplace in
7 order to justify the provision of a partial disclosure under subsection (d)
8 of this section or that a high-volume third-party seller who has requested
9 and received a provision for a partial disclosure under subsection (d) of
10 this section has not provided responsive answers within a reasonable time
11 frame to consumer inquiries submitted to the high-volume third-party seller
12 by telephone or email address, then the online marketplace shall withdraw its
13 provision for partial disclosure and require full disclosure of the high-
14 volume third-party seller's identity information required under subsection
15 (c) of this section within three (3) ten (10) business days' notice to the
16 high-volume third-party seller.
17 (f) An online marketplace shall disclose to a consumer, in a
18 conspicuous manner and in bold print on the consumer product listing of any
19 high-volume third-party seller, a reporting mechanism that allows for
20 electronic and telephonic reporting of suspicious marketplace activity to the
21 online marketplace and a message encouraging individuals seeking goods for
22 purchase to report suspicious activity to the online marketplace.
23 (g) In addition to the requirements of subsection (f) of this section,
24 an online marketplace that warehouses, distributes, or otherwise fulfills a
25 consumer product order shall disclose to the consumer the identification of
26 any high-volume third-party seller supplying the consumer product if
27 different than the seller listed on the product listing page.
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6 03/07/2025 8:00:41 AM ANS284Every fact on this page links to its source, starting with the official bill record.