This section defines terms used in the chapter, including consumer product, online marketplace, seller, third-party seller, high-volume third-party seller, and verify.
As used in this chapter, the following terms have the following meanings: (1) CONSUMER PRODUCT. Any tangible personal property that is distributed in commerce and that is normally used for personal, family, or household purposes, including, but not limited to, any property intended to be attached to or installed in any real property without regard to whether it is attached or installed. (2) HIGH-VOLUME THIRD-PARTY SELLER. A participant in an online marketplace that is a third-party seller and, in any continuous 12-month period during the previous 24 months, that has entered into 200 or more discrete sales or transactions of new or unused consumer products of an aggregate total of five thousand dollars ($5,000) or more in gross revenue in this state made through the online marketplace and for which payment was processed by the online marketplace or through a third party. (3) ONLINE MARKETPLACE. Any person or entity that operates a consumer-directed electronically based or accessed platform that does all of the following: a. Includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipment, or delivery of a consumer product within this state. b. Is used by one or more third-party sellers. c. Has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products. (4) SELLER. A person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace’s platform. (5) THIRD-PARTY SELLER. Any seller, independent of an online marketplace, that sells, offers to sell, or contracts to sell a consumer product in this state through an online marketplace. The term does not include, with respect to an online marketplace, any of the following: a. A seller that operates the online marketplace’s platform. b. A business entity that has all of the following: 1. Made available to the general public the entity’s name, business address, and working contact information. 2. An ongoing contractual relationship with the online marketplace to provide the online marketplace with the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products. 3. Provided to the online marketplace the identity information required under Section 8-41-2(a) that has been verified in accordance with Section 8-41-2(d). (6) VERIFY. To confirm information and documents provided to an online marketplace, pursuant to this chapter, through the use of one or more methods that enable an online marketplace to reliably determine that any information and documents provided are valid, correspond to the seller or an individual acting on the seller’s behalf, are not misappropriated, and are not falsified.