News

SB 301 Seeks to Regulate ‘High-Volume Third-Party Sellers’ and Online Marketplaces

3/15/2021

On March 10, State Senator Nancy Skinner (D-Berkeley) amended her Senate Bill 301 relating to online marketplaces. The bill would add Title 1.4D (commencing with Section 1749.8) to Part 4 of Division 3 of the Civil Code.

Section One of the bill would add Title 1.4D titled “Online Marketplaces.” This section would provide definitions for the following terms:

  • “High-volume third-party seller” to mean a participant in an online marketplace who is a third-party seller and who, 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 resulting in the accumulation of an aggregate total of $5,000 or more in gross revenues.
  • “Illegitimate product” to mean a product about which either of the following is shown to be true by clear and convincing evidence:
    • The product is counterfeit.

 

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