Nancy Skinner
- Democratic
- Senator
- District 9
Author
Existing law generally requires an online marketplace to require a high-volume third-party seller on the online marketplace to make certain disclosures. Existing law requires an online marketplace to suspend future sales activity of a high-volume third-party seller that is not in compliance with those information sharing requirements, as specified. Existing law imposes certain information retention and security requirements on an online marketplace and prohibits specified uses of that information. Existing law generally defines a "high-volume third-party seller," for purposes of the above-described provisions, as a third-party seller who has entered into a certain number of consumer product sales transactions through an online marketplace for which payment is processed by the online marketplace, as specified. Existing law defines an "online marketplace," for purposes of those provisions, as a consumer-directed, electronically accessed platform that includes features that allow for, facilitate, or enable, and are used by, a third-party seller to engage in the sale, purchase, payment, storage, shipment, or delivery of a consumer product and that has a contractual relationship with consumers governing their use of the platform to purchase consumer products. This bill would revise the types of transactions that qualify a third-party seller as a "high-volume third-party seller," for those purposes. Specifically, the bill would remove the conditions that the transactions be made through an online marketplace and that the online marketplace process the payment and, instead, would add the condition that the transactions were made utilizing an online marketplace. The bill would also revise the definition of "online marketplace" by removing the conditions that the above-described features be used by third-party sellers, and that the platform have the above-described contractual relationship with consumers. Existing law requires a high-volume third-party seller to disclose and certify to the online marketplace certain identification, contact, and payment information of the seller, as specified. This bill would require an online marketplace to establish and maintain a policy prohibiting the sale of stolen goods on the marketplace and to provide a mechanism to notify the marketplace of the sale of stolen goods, as specified. The bill would require an online marketplace to alert local, regional, or state law enforcement agencies in California if it knows or should know that a third-party seller is selling or attempting to sell stolen goods to a California resident, except as specified. Existing law requires a person or entity who violates the above-described provisions to be liable for a civil penalty not to exceed $10,000 for each violation and reasonable attorney's fees and costs and to be subject to preventive relief, as specified. Existing law limits recovery and relief to a civil action brought by the Attorney General, as specified. This bill would expand recovery and relief to a civil action brought by a district attorney in any county, a city attorney in any city or city and county, or a county counsel in any county. The bill would make these changes operative on July 1, 2025.
Chaptered by Secretary of State. Chapter 172, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 11:45 a.m.
Assembly amendments concurred in. (Ayes 38. Noes 0. Page 5038.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 73. Noes 0. Page 6244.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Assembly Rule 69 suspended. (Ayes 54. Noes 15. Page 6106.)
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 10. Noes 4.) (June 19).
Coauthors revised.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 11). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 11. Noes 0.) (June 11). Re-referred to Com. on P. & C.P.
Assembly Rule 56 suspended.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Re-referred to Coms. on JUD. and P. & C.P. pursuant to Assembly Rule 96.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 33. Noes 1. Page 4134.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3973.) (May 16).
Set for hearing May 16.
May 6 hearing: Placed on APPR suspense file.
Set for hearing May 6.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 3740.) (April 23). Re-referred to Com. on APPR.
Set for hearing April 23.
Read second time and amended. Re-referred to Com. on PUB S.
From committee: Do pass as amended and re-refer to Com. on PUB S. (Ayes 10. Noes 1. Page 3448.) (April 2).
Set for hearing April 2.
April 9 hearing postponed by committee.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing April 9.
From printer. May be acted upon on or after March 16.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1144 | HTML |
| 02/14/24 - Introduced | |
| 03/19/24 - Amended Senate | |
| 04/04/24 - Amended Senate | |
| 05/16/24 - Amended Senate | |
| 06/05/24 - Amended Assembly | |
| 06/20/24 - Amended Assembly | |
| 07/01/24 - Amended Assembly | |
| 08/14/24 - Enrolled | |
| 08/16/24 - Chaptered |
| Document | Format |
|---|---|
| 03/29/24- Senate Judiciary | |
| 04/19/24- Senate Public Safety | |
| 05/03/24- Senate Appropriations | |
| 05/16/24- Senate Appropriations | |
| 05/18/24- Sen. Floor Analyses | |
| 06/07/24- Assembly Judiciary | |
| 06/10/24- Assembly Privacy and Consumer Protection | |
| 06/17/24- Assembly Appropriations | |
| 06/25/24- ASSEMBLY FLOOR ANALYSIS | |
| 07/03/24- ASSEMBLY FLOOR ANALYSIS | |
| 08/09/24- Sen. Floor Analyses |
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