Louisiana § RS 51:3261 - Definitions

Full text of Louisiana Louisiana Civil Code § RS 51:3261 — Definitions, with citation guidance and answers to common questions.

§ RS 51:3261. Definitions

            As used in this Chapter, the following words and phrases shall have the following meanings:

            (1) "Consumer product" means any tangible personal property that is distributed in commerce and used for personal, family, or household purposes, including any property intended to be attached to or installed in any real property without regard to whether it is attached or installed.

            (2) "High-volume third-party seller" means a participant on an online marketplace's platform who is a third-party seller and who has entered into two hundred or more discrete sales or transactions of new or unused consumer products in any twelve-month period during the previous twenty-four months, which result in an aggregate total of five thousand dollars or more in total gross revenue. For purposes of calculating the number of discrete sales or transactions or the aggregate gross revenues, an online marketplace shall be required only 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 meets all of the following criteria:

            (a) Has 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.

            (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 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. Third-party seller shall not include either of the following:

            (a) A seller who operates the online marketplace's platform.

            (b) A business entity that has made available to the general public the entity's name, business address, and working contact information; 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 provided to the online marketplace identifying information which has been verified in accordance with this Chapter.

            (6) "Verify" means to confirm information provided to an online marketplace pursuant to this Chapter, which 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.

            Acts 2022, No. 316, §1, eff. Jan. 1, 2023.

Frequently Asked Questions About Louisiana § RS 51:3261

What does Louisiana Civil Code § RS 51:3261 cover?

Section RS 51:3261 ("Definitions") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Louisiana § RS 51:3261?

A common citation format is "Louisiana Civil Code § RS 51:3261" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Louisiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.

How does Louisiana § RS 51:3261 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.