Definitions

As used in this article, the term: (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, but not limited to, 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 that is a third-party seller and that, 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 of an aggregate total of $5,000.00 or more in gross revenues in this state made by utilizing the online marketplace. (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 thirdparty 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 for such purpose; 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 utilizing an online marketplace’s platform. (5) “Third-party seller” means any seller, independent of an online marketplace, that sells, offers to sell, or contracts to sell a consumer product in this state by utilizing an online marketplace. Such term shall not include, with respect to an online marketplace: 590 10-1-940 SELLING/OTHER TRADE PRACTICES 10-1-941 (A) A seller that operates the online marketplace’s platform; or (B) A business entity that has: (i) Made available to the general public the entity’s name, business address, and working contact information; (ii) 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 (iii) Provided to the online marketplace the identity information required under subsection (a) of Code Section 10-1-941 that has been verified in accordance with subsection (d) of Code Section 10-1-941. (6) “Verify” means to confirm information and documents provided to an online marketplace pursuant to this article through the use of one or more methods that enable an online marketplace to reliably determine that any such 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. History. Code 1981, § 10-1-940, enacted by Ga. L. 2022, p. 560, § 2/SB 332; Ga. L. 2024, p. 643, § 2/SB 472, effective July 1, 2024; Ga. L. 2024, p. 1052, § 2(38)/SB 448, effective July 1, 2024. Amendments. The first 2024 amendment, effective July 1, 2024, in paragraph (2), substituted “by utilizing” for “through” near the end and deleted “and for which payment was processed by the online marketplace or through a third party” from the end; substituted “utilizing” for “through” in paragraph (4); and, in paragraph (5), substituted “by utilizing” for “through” in the first sentence, and substituted “Such term shall” for “The term ‘third-party seller’ does” at the beginning of the second sentence. The second 2024 amendment, effec- tive July 1, 2024, part of an Act to revise, modernize, and correct the Code, substituted “consumer directed,” for “consumerdirected,” in paragraph (a)(3) and substituted “Such term” for “The term ‘thirdparty seller’” in paragraph (a)(5).