(a) As used in this section, “online marketplace” means a person or entity that:
Terms Used In Tennessee Code 6-54-147
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
Subpoena: A command to a witness to appear and give testimony.
(1) Provides for consideration, regardless of whether the consideration is deducted as a fee from the transaction, an online application, software, website, system, or other medium, through which a good or service in this state is advertised or offered to the public as available; and(2) Directly or indirectly provides or maintains a platform for goods or services by performing the following:
(A) Providing a payment system that facilitates a transaction between two (2) platform users;(B) Transmitting or otherwise communicating the offer or acceptance of a transaction between two (2) platform users;(C) Owning or operating the infrastructure, whether electronic or physical, or technology that brings two (2) or more users together;(D) Providing a virtual currency that users are allowed or required to use to transact; or(E) Providing software development or research and development activities related to any of the activities described in this subdivision (a)(2).(b) A municipality shall not:
(1) Regulate the operation of an online marketplace; or(2) Require an online marketplace to provide personally identifiable information of users without an administrative subpoena or court order.
