INFORM Consumers Act Notice

Statutory Basis

Upmos.com is an online marketplace within the meaning of the federal Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act”), codified at 15 U.S.C. § 45f, signed into law on December 29, 2022 and effective June 27, 2023. This Notice describes the seller-verification, recordkeeping, and consumer-disclosure procedures we maintain to comply with the Act.

The INFORM Consumers Act is enforced by the Federal Trade Commission (“FTC”) and, separately, by State Attorneys General. Consumers may report suspected violations to the FTC at reportfraud.ftc.gov or to the relevant State AG.

High-Volume Third-Party Seller Definition

A “high-volume third-party seller” under the Act is any participant on our marketplace that, in any continuous twelve-month period during the previous twenty-four months, has entered into two hundred (200) or more discrete sales or transactions of new or unused consumer products and an aggregate total of five thousand dollars ($5,000) or more in gross revenues.

Upmos automatically flags sellers that meet either threshold and applies the verification and disclosure rules described in this Notice from the moment the threshold is reached.

Information We Collect From High-Volume Sellers

Within ten (10) days of a seller being designated a high-volume third-party seller, we collect, verify, and (where applicable) re-verify on at least an annual basis the following:

• Bank account number or, if no account is used, a payment account name and the name of the financial institution.
• Contact information for the seller, including:
  • If an individual: the individual’s full name;
  • If not an individual: a copy of a valid government-issued record or tax document that includes the business name and physical address of the seller;
• Business tax identification number (such as an EIN or SSN, where lawful), or such other government-issued identifying number as may be necessary;
• Working email address and current working phone number for the seller.

We treat all collected information as confidential and protect it pursuant to our Privacy Policy and our Security & Breach Notification Policy.

Verification Procedure

We verify the information above through one or more of the following means:

• Direct platform integration with Plaid (bank-account verification);
• Direct integration with ID.me for government-issued ID validation;
• Public-records lookup against state Secretary of State business registries;
• USPTO/TSDR lookup against the United States Patent and Trademark Office Trademark Status & Document Retrieval system (for sellers asserting brand ownership);
• Match-back against IRS-issued EIN confirmation letters;
• Sanctions screening against the U.S. Treasury Department’s Specially Designated Nationals (“SDN”) List, the Sectoral Sanctions Identifications (“SSI”) List, and other applicable OFAC lists.

If a seller fails to provide accurate information, fails to certify that the information has not changed within ten (10) days of an annual re-verification request, or provides information that we have reason to believe is materially false or fraudulent, we will suspend the seller’s account and any future activity on the marketplace until the seller cures the issue.

Consumer Disclosure — What Buyers See on a Listing

Whenever a high-volume third-party seller has conducted two hundred (200) or more discrete sales and earned five thousand dollars ($5,000) or more, we disclose to consumers on the product detail page and in the order confirmation:

• The full name of the seller;
• The physical address of the seller;
• One or more of the following:
  • a working email address;
  • a working phone number;
  • another means of direct electronic contact (e.g., the seller’s Upmos messaging inbox);
• Whether the seller used a different seller to supply the consumer product.

We provide the information clearly and conspicuously and ensure the contact channel responds within forty-eight (48) hours, consistent with our Vendor Performance Standards.

Consumer Reporting Channel

Consumers may report suspicious or fraudulent listings, or dispute the accuracy of any disclosed seller information, by:

• Clicking the “Report this listing” link on every product page;
• Emailing abuse@upmos.com;
• Calling the toll-free reporting hotline maintained at +1 (713) 555-0142.

Reports are acknowledged within one (1) business day. We investigate each report and, where substantiated, suspend the offending seller, remove the offending listing, and notify the reporting consumer of the disposition within five (5) business days.

Seller Certification and Annual Re-Verification

Every high-volume third-party seller must certify on an annual basis that the information on file is current, accurate, and complete. Failure to certify within ten (10) days of our request will result in account suspension. Certifications are tracked in our internal compliance log, retained for not less than seven (7) years.

Recordkeeping and Audit

We retain all records of verification, certification, disclosure, and suspension actions for no less than the period required by the INFORM Consumers Act and applicable state laws (currently a minimum of seven (7) years). These records are available to the FTC and State Attorneys General upon lawful request.

Updates to This Notice

This Notice may be updated to reflect changes in the law or our verification practices. The “Last Revised” date at the top of this page reflects the most recent update. Material changes will be communicated to affected sellers at least thirty (30) days in advance.

Contact and Reporting

Questions, complaints, or requests for information about this Notice may be directed to:

Email: legal@upmos.com · abuse@upmos.com

Federal Trade Commission: reportfraud.ftc.gov

How Can You Contact Us About This Policy?

If you have any further questions or comments or wish to report any problematic Content or Contribution, you may contact us by:

General Contact

• Phone: 1(855)637-2433 (Mon–Fri, 9 AM–5 PM CST)
• General Support: support@upmos.com
• Report Issue: upmos.com/report
• Send Feedback: upmos.com/feedback

Department Directory

Mailing Address

Upmos Inc.
9896 Bissonnet St
Houston, TX 77036
United States