A Bill for an Act
Page 1, Line 101Concerning requirements for online marketplaces with
Page 1, Line 102respect to third-party sellers.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill requires an online marketplace to alert a law enforcement agency if the online marketplace knows or should have known that a third-party seller is selling or attempting to sell stolen goods to a consumer in Colorado.
An online marketplace is required to establish:
- A mechanism that allows the online marketplace to timely and confidentially communicate with a law enforcement agency; and
- Internal policies, systems, and staff to monitor product listings to detect and prevent organized retail crime.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 6-1-1402, amend (5) as follows:
Page 2, Line 36-1-1402. Disclosure of information by online marketplaces to
Page 2, Line 4inform consumers - reporting of suspicious marketplace activity.
Page 2, Line 5(5) Reporting mechanism. (a) An online marketplace shall disclose to
Page 2, Line 6consumers, in a clear and conspicuous manner on the product listing of
Page 2, Line 7any high-volume third-party seller, a reporting mechanism that allows for
Page 2, Line 8electronic and telephonic reporting of suspicious marketplace activity to the online marketplace.
Page 2, Line 9(b) An online marketplace shall alert a law enforcement
Page 2, Line 10agency if the online marketplace knows or should have known
Page 2, Line 11that a third-party seller is selling or attempting to sell stolen
Page 2, Line 12goods to a consumer in Colorado. An online marketplace shall establish:
Page 2, Line 13(I) A mechanism that allows the online marketplace to
Page 2, Line 14communicate with a law enforcement agency in a timely and
Page 2, Line 15confidential manner, through a link to a dedicated web page, online portal, or point of contact; and
Page 2, Line 16(II) Internal systems, staff, and written policies to
Page 2, Line 17monitor product listings to detect and prevent organized retail crime.
Page 2, Line 18SECTION 2. Act subject to petition - effective date. This act
Page 3, Line 1takes effect at 12:01 a.m. on the day following the expiration of the
Page 3, Line 2ninety-day period after final adjournment of the general assembly; except
Page 3, Line 3that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 3, Line 4of the state constitution against this act or an item, section, or part of this
Page 3, Line 5act within such period, then the act, item, section, or part will not take
Page 3, Line 6effect unless approved by the people at the general election to be held in
Page 3, Line 7November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.