815 ILCS 356/1-5

Current through Public Act 103-1052

Section 815 ILCS 356/1-5 - Definitions

In this Act:

"Consumer product" means any tangible personal property that is distributed in commerce and that is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed).

"High-volume third-party seller" means 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 and has an aggregate total of $5,000 or more in gross revenue. For purposes of calculating the number of discrete sales or transactions or the aggregate gross revenues under subsection (a) of Section 1-10, an online marketplace shall only be required to count sales or transactions made through the online marketplace and for which payment was processed by the online marketplace, either directly or through its payment processor.

"Online marketplace" means any person or entity that:

(1) operates a consumer-directed electronically based or accessed platform that includes features that allow for, facilitate, or enable online third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of consumer products in this State;

(2) is used by one or more online third-party sellers for such purposes; and

(3) has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer product.

"Seller" means a person who sells, offers to sell, or contracts to sell consumer products through an online marketplace's platform.

"Third-party seller" means any seller, independent of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in this State through an online marketplace. "Third-party seller" does not include, with respect to an online marketplace:

(1) a seller who operates the online marketplace's platform; or

(2) a business entity that has:

(A) made available to the public the entity's name, business address, and working contact information;

(B) 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; and

(C) provided to the online marketplace identifying information, as described in subsection (a) of Section 1-10, that has been verified in accordance with that subsection.

"Verify" means to confirm information provided to an online marketplace, including, but not limited to, by the use of one or more methods that enable the online marketplace to reliably determine that any information and documents provided are valid, corresponding to the seller or an individual acting on the seller's behalf, not misappropriated, and not falsified.

815 ILCS 356/1-5

Added by P.A. 102-0757,§ 1-5, eff. 1/1/2023.