The Inform Consumers Act: what Delcampe can tell you about it
This article covers the following topics:
- What is the Inform Consumers Act ?
- How does this law impact Delcampe members ?
- Which sellers are impacted ?
- What do you have to do to sell to the USA?
- Why does Delcampe ask for information from sellers even if they have not reached the thresholds described in the Inform Consumers Act?
What is the Inform Consumers Act ?
This is a US federal law that aims at protecting consumers by creating a transparent purchasing process. This law requires marketplaces to collect and verify information from sellers who sell in the United States. It also requires buyers to know certain information about their sellers, such as (but not limited to): the seller's name, contact details and a means of contact.
How does this law impact Delcampe members?
Following the coming into force of the Inform Consumers Act on 27/06/2023, we are required to verify the details of sellers who sell items to buyers residing in the United States.
To perform this verification, we must ask our sellers to provide their tax identification number on the website and check that their contact details are correct.
Which sellers are impacted ?
The sellers concerned are all private and professional sellers, whatever their country, who sell to members residing in the United States.
Warning: if your registration is not in order, you will no longer be able to sell your items to members located in the United States.
What do you have to do to sell to the USA?
- From 14/09/2023, Delcampe will invite you by email or notification to access the "Sales conditions" page
- Check your details and modify them if necessary
- In the "Shipping to the United States" section, enter your tax identification number in the box provided.
- Confirm the change to your sales conditions
If you have any questions about the Inform Consumers Act, please refer to the dedicated page on the Federal Trade Commission website. Delcampe can only help you with entering your information to our website.
Why does Delcampe ask for information from sellers even if they have not reached the thresholds described in the Inform Consumers Act?
Delcampe International SRL is a company incorporated under Belgian law. The law transposing Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16 (EU) on administrative cooperation in the field of taxation (DAC7) amending the Income Tax Code 1992 authorizes digital platform operators to capture sellers' data, including their tax identification number, as soon as they register as a seller (i.e. as soon as a shop is activated) on the delcampe.net website.
American law requires this data to be collected above certain thresholds, but does not prohibit it below these thresholds. Belgian law strongly authorizes data capture as soon as a seller's account is created. Delcampe has therefore chosen to harmonize the processes induced by the DAC7 and those linked to the Inform Consumers Act legislation in order to manage them in the best possible way.