Okla. Stat. tit. 15 § 799A.2

Current through Laws 2024, c. 378.

Section 799A.2 - Definitions

As used in the Oklahoma INFORM Act:

1. "Consumer product" means any tangible personal property which is distributed in commerce and which 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;

2. "High-volume third-party seller" means a participant in an online marketplace who is a third-party seller and who, in any continuous twelve-month period during the previous twenty-four (24) months, has entered into two hundred or more discrete sales or transactions of new or unused consumer products and an aggregate total of Five Thousand Dollars ($5,000.00) or more in gross revenues. For purposes of calculating the number of discrete sales or transactions or the aggregate gross revenues, 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;

3. "Online marketplace" means any person or entity that operates a consumer-directed electronically based or accessed platform that:

a. includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in this state,

b. is used by one or more third-party sellers for such purposes, and

c. has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products;

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

5. "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. The term third-party seller does not include:

a. a seller who operates the online marketplace's platform, or

b. a business entity that has:

(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, and

(3) provided to the online marketplace identifying information, as described in Section 3 of this act, that has been verified in accordance with that section; and

6. "Verify" means to confirm information provided to an online marketplace pursuant to this act, and may include 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.

Okla. Stat. tit. 15, § 799A.2

Added by Laws 2022 , c. 378, s. 2, eff. 1/1/2023.