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Arkansas Code Title 4. Business and Commercial Law § 4-119-102. Definitions

Current as of March 28, 2024 | Updated by Findlaw Staff

As used in this chapter:

(1)(A) “Consumer product” means any tangible personal property that:

(i) Is distributed in commerce; and

(ii) Is normally used for personal, family, or household purposes.

(B) “Consumer product” includes 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 (200) or more discrete sales or transactions of new or unused consumer products resulting in the accumulation of an aggregate total of five thousand dollars ($5,000) or more in gross revenues;

(3) “Online marketplace” means any electronically based or electronically 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 the United States; and

(B) Hosts one (1) or more third-party sellers;

(4) “Seller” means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace;

(5)(A) “Third-party seller” means a seller, independent of an operator, facilitator, or owner of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in the United States through an online marketplace.

(B) “Third-party seller” does not include a seller that:

(i) Is a business entity that has made available to the general public the business entity's name, business address, and business contact information;

(ii) Has an ongoing contractual relationship with the owner of an online marketplace to provide for the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products; and

(iii) Has provided to the online marketplace identifying information, as described in § 4-119-103, that has been verified according to § 4-119-103(b); and

(6) “Verify” means to confirm information provided to an online marketplace under § 4-119-103 by the use of:

(A) A third-party or proprietary identity verification system that has the capability to confirm a seller's name, email address, physical address, and telephone number; or

(B) A combination of two-factor authentication, public records search, and the presentation of a government-issued identification.

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Cite this article: FindLaw.com - Arkansas Code Title 4. Business and Commercial Law § 4-119-102. Definitions - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-4-business-and-commercial-law/ar-code-sect-4-119-102/

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