LD 191
pg. 2
Page 1 of 4 An Act Requiring Internet Auction Registration Page 3 of 4
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LR 286
Item 1

 
3.__Property or service located in this State.__Personal property
or a service offered for sale or lease through the Internet auction
listing service is located or is provided in this State.

 
§15303.__Form; fee; elements of registration

 
A person required to register under section 15302 shall make
its registration on a form provided by the office and shall pay
an accompanying registration fee to be determined by the
commissioner by rule.__As part of its registration, the person
shall certify to the office that the person:

 
1.__Not an agent.__Does not act as the agent of users who sell
items on its publicly accessible site on the Internet and acts
only as a venue for user transactions;

 
2.__Requires registration.__Requires sellers and bidders to
register with the publicly accessible site on the Internet and
provide their names, addresses, telephone numbers and e-mail
addresses;

 
3.__Retains information.__Retains the information described in
subsection 2 for at least 2 years;

 
4.__Transaction information.__Retains transactional
information consisting of at least seller identification, high
bidder identification and item sold for at least 2 years from the
close of a transaction and has a mechanism to identify all
transactions involving a particular seller or buyer;

 
5.__Complaints.__Has a mechanism to receive complaints or
inquiries from users;

 
6.__Suspensions.__Adopts and reasonably implements a policy of
suspending, in appropriate circumstances, the accounts of users
who are found to have engaged in a pattern of activity that
appears to be deliberately designed to defraud consumers using
the publicly accessible site on the Internet; and

 
7.__Inspection of data.__Agrees to comply with requests from
the office to inspect stored data in its possession, in
accordance with state and federal law.

 
§15304.__Penalty; injunction

 
A person who operates as an Internet auction listing service
without first registering in accordance with this chapter commits
a Class E crime.


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