News & Updates
News & Events
Marketplace Industry Association Submits Comments Supporting Texas HB 1681
The Marketplace Industry Association (MIA) has submitted comments to the Texas House Ways and Means Committee expressing strong support for House Bill 1681. The comments were submitted in advance of the committee's hearing scheduled for Monday, April 21st. HB 1681 provides essential clarification to Texas tax law by specifying that fees charged by marketplace providers for facilitating sales or processing payments on behalf of sellers do not constitute taxable "data processing services".
Marketplace Industry Association Urges Federal Privacy Law to Preempt State Regulations
The Marketplace Industry Association submitted a letter advocating for a federal data privacy law, modeled after the Virginia Consumer Data Protection Act, to replace the current patchwork of state regulations, which they argue stifles innovation and creates compliance burdens. They emphasize the need for a national standard that balances consumer protection with the continued growth of the digital economy, while also aligning with international frameworks.
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Marketplace Industry Association Seeks Delayed Implementation of DOJ Data Regulations
The Marketplace Industry Association has submitted a letter to the Department of Justice requesting a delayed implementation timeline for the recently finalized regulations on sensitive U.S. data access by Countries of Concern, citing the significant operational and logistical challenges faced by its members. The association emphasizes the need for further clarification on key aspects of the regulations and proposes a revised timeline to ensure effective compliance.
MIA Advocates for the Interests of Online Marketplaces and Digital Platforms' Interests in Congress
The Marketplace Industry Association has sent a letter to Congressional leaders expressing a strong desire to collaborate on technology policy. The letter emphasizes the importance of considering the impact of legislation on developing startups, the broader tech ecosystem, and online marketplaces, while also highlighting the crucial role of Section 230.
The Marketplace Industry Association Backs SB265 to Clarify Tax Obligations
The Marketplace Industry Association has formally announced its support for Texas SB265. In a letter to the Texas Senate Committee on Finance, the association outlines how SB265 will provide much-needed clarity regarding the definition of "data processing service" within the Texas Tax Code, along with the definitions of other key terms relevant to marketplace transactions. Read the letter here.
Marketplace Industry Association Files Amicus Brief in Castellanos Case Before California Supreme Court
Source: Marketplace Industry Association
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In response to the overturning of Prop 22 by a California judge, the Association filed an Amicus Brief before the California Supreme Court, urging the California Appellate Court's decision to stand and the lower court's decision to be overturned. You can see the Amicus Brief filed by the Association before the California Appelate Court here, as well as an article identifying the different groups that filed Amicus Briefs in that case, here.
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The Marketplace Industry Association Joins the United for Privacy Coalition to Advocate for a National Comprehensive Privacy Law
The Marketplace Industry Association joined other leading industry organizations in advocating for a comprehensive federal privacy law in this letter. As of July 10, 2024, 19 states have enacted their own comprehensive privacy laws. The lack of a uniform national standard particularly hurts small and emerging businesses, creates confusion for consumers, and has a chilling effect on the national economy. In its current form, the recently proposed American Privacy Rights Act (APRA) fails to provide a full preemption of state law and would thus add to the existing privacy patchwork across the United States.
The Marketplace Industry Association Sends Letter to the House Energy and Commerce Committee in Advance of its Expected Markup of the American Privacy Rights Act
On May 24, 2024, the Marketplace Industry Association shared a letter with the House Energy and Commerce Committee in advance of its expected markup of the American Privacy Rights Act (APRA). In it, the Association shared its concerns that the current version fell short of creating the clear, consistent, and workable national privacy standard we believe is necessary for both consumers and businesses. Other specific concerns shared included the bill’s provisions for private rights of action and the preservation of certain state laws, which risk exacerbating the existing patchwork of regulations that stifle innovation and impose undue burdens on small and mid-sized businesses.
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The Marketplace Industry Association Joins Etsy, eBay and OfferUp in Filing an Amicus Brief regarding Moody v. NetChoice
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The Marketplace Industry Association, Etsy, OfferUp and eBay submitted an amicus brief to the United States Supreme Court regarding Moody v. NetChoice. The brief argued that content moderation is crucial to online platforms and the diverse array of small businesses and sole proprietors who rely on them. The brief also asserts that the First Amendment protects the fundamental right of website owners to decide what to host and display, and warns that if states can regulate large-volume platforms, there is no obvious logical or principled stopping point for government content regulation of smaller platforms.
Illinois HB4629/SB3331
The Marketplace Industry Association opted to engage on a pair of 'junk fee' bills introduced at the state level this legislative session. The authors' original intent was to target hotels and ticketing platforms but the language was broad and problematic for any business with variable fees. We were able to lobby the bill’s House sponsor, Rep. Morgan and, with urging from ourselves, other industry groups and partners, the proposed language was amended and the problematic language was removed.
ISO Working Group
We are leading the effort to study the impact of the sharing economy. An MIA member volunteer is leading this effort. We will continue to report out as this progresses.
Massachusetts: El Koussa v. MA Supreme Court Amicus Brief
The Marketplace Industry Association joined Lyft, Uber, DoorDash, Instacart and the MA AG’s Office as supporters of the Open Markets’ amicus brief concerning whether app-based companies like Uber and Lyft should be allowed to legally classify their drivers as independent contractors.
We’re pleased to report that the MA Supreme Judicial Court issued its El Koussa decision on June 27th, concluding that the Attorney General properly certified the petitions. Contrary to the opponents’ arguments, the Court explained, the petitions present a cohesive policy choice about how to treat workers in the gig economy, they do not violate rules against “sweetener” provisions or confusing language, and the Attorney General adequately described the petitions in her summaries.
The petitions can now continue through the process for inclusion on the MA ballot in November. A clear win for the petitioners’ proponents—and for Massachusetts workers and businesses!
eBay, Etsy, Poshmark and OfferUp Join the Marketplace Industry Association in Filing an Amicus Brief on Texas and Florida Content Moderation Laws
Source: Perkins Coie
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The Marketplace Industry Association, eBay, Etsy, Poshmark and OfferUp filed a joint Amicus brief before the U.S. Supreme Court in the Texas and Florida content moderation cases, arguing that burdensome state laws in Texas and Florida are eroding the First Amendment rights of digital marketplaces to moderate content on their platforms. The amicus brief highlights that the Texas and Florida laws effectively force digital marketplaces to choose between complying with “onerous government regulations” or “letting their platforms become vehicles for unsafe, hateful, spammy, discriminatory, or offensive content that is contrary to their values and harmful to their users.” Read the press release. Read the brief.
Marketplace Industry Association joins TechNet to Urge Congress to Pass the CREATE AI Act
The Marketplace Industry Association joins TechNet, Federation of American Scientists and other organizations to urge Congress to authorize the National Artificial Intelligence Initiative Act, which would revolutionize the AI research landscape in the US, fostering the ability to address societal-level challenges by empowering and broadening participation in foundational, use-inspired and translational AI research and development, ultimately democratizing access to the AI field. Read the letter. Read Rep. Eshoo's response.
Marketplace Industry Association joins Software & Information Industry Association in Filing Amicus Brief in the Apple, Facebook and Google Casino-Style Games Litigation
Source: Marketplace Industry Association
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The Marketplace Industry Association and the Software & Information Industry Association filed a joint Amicus brief before the U.S. Supreme Court in the Apple, Facebook and Google casino-style games litigation, arguing that the Communications Decency Act §230 protects the platforms from liability for the applications that are purchased through their platforms. Further, amici argue that processing payments for the casino-style games does not impact each platform's Communications Decency Act §230 protection. Read the Apple brief. Read the Facebook brief. Read the Google brief.
Marketplace Industry Association Files Comment Before the Federal Trade Commission on the Negative Option Rule
Source: Marketplace Industry Association
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The Marketplace Industry Association filed a comment before the Federal Trade Commission regarding the negative option rule rule making. The Association supports the Commission’s efforts to clarify acceptable negative option practices, generally, and provides feedback and context to help the Commission understand and refine the proposed Rule to avoid harm to both businesses and consumers. Read the comment.
Marketplace Industry Association and Match.com File Amicus Brief in Gonzalez v Google U.S. Supreme Court Case
Source: Marketplace Industry Association
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The Marketplace Industry Association and Match.com filed a joint Amicus brief before the U.S. Supreme Court in the Gonzalez v. Google case, which is the first case at the high court interpreting Section 230 of the Communications Decency Act (the law that protects internet platforms from liability for the online and offline conduct of the users). The case focuses on whether Section 230 protection should extend to the organization, sorting and recommendation of information by platforms - this is something nearly all platforms do. Read the brief.
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Marketplace Industry Association Executive Director Submits Testimony Before the Department of Labor Wage and Hour Division
Source: Marketplace Industry Association
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On Friday, June 24th Executive Director Jeremy Gottschalk represented the Marketplace Industry Association before the U.S. Department of Labor’s Wage and Hour Division in connection with proposed regulations on independent contractor status. The new regulations focus on the definition of independent contractor to replace the currently operative Trump Administration independent contractor regulations.
Marketplace Industry Association Files Amicus Brief in Castellanos Case Before California Appellate Court
Source: Marketplace Industry Association
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In response to the overturning of Prop 22 by a California judge, the Association filed an Amicus Brief before the California Appellate Court, urging the lower court's decision to be overturned. You can see the Amicus Brief filed by the Association here, as well as an article identifying the different groups that filed Amicus Briefs in this case, here, including the Association.
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Marketplace Industry Association Files Amicus Brief Before the National Labor Relations Board in Response to Public Invitation
Source: Marketplace Industry Association
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In response to the NLRB's invitation for public input on whether the Board should adhere to the independent contractor standard in SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019) or whether the Board should return to the standard in FedEx Home Delivery, 361 NLRB 610, 611 (2014), either in its entirety or with modifications? You can see the Board Decision and request for public input here, the Associations Amicus Brief here as well as the Association's efforts mentioned in Bloomberg's Daily Labor Report here.
Source: TechNet
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The Marketplace Industry Association joined TechNet and dozens of other organizations, associations and chambers of commerce across the country to urge Congress and the Administration to pass comprehensive, federal privacy legislation in order to end the patchwork of state-by-state privacy legislation that we are seeing. The coalition wrote a letter to President Biden, to Congress and issued a press release announcing its efforts.
California Legislature set to act on newly introduced legislation that creates a third classification of worker complete with legal benefits and protections. click here to read more
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It's Time for Marketplaces to Unite Around AB5
Source: Marketplace Risk
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California’s Assembly Bill 5, also known simply as “AB5,” is set to become law - it goes into effect January 1, 2020. What many in the marketplace ecosystem have not considered until recently, especially those headquartered outside of California and those without operations in the State, is how AB5 may adversely impact their business. The reality is that AB5 in its current form could impede the future of the marketplace business model and severely limit the opportunities afforded to millions of workers who find work through marketplaces, in addition to limiting consumer choice for services available through marketplaces. So, it’s time for marketplaces to work together to come up with a solution to AB5 - this is our opportunity to work together to build marketplace businesses and grow the workforce while improving conditions for workers and benefitting consumers. click here to read more
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AB5 Updates
Source: Marketplace Risk
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Join members of the Marketplace Industry Association from around the country for a dinner ahead of the biannual meeting. click here to read more
AB5 is now law in California. Now what?
Source: JDSupra
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On September 18, 2019, California Governor Gavin Newsom signed into law a contentious piece of legislation—AB5—that could potentially reclassify millions of independent contractors as employees and dramatically reshape the future of independent workforces in California and beyond. click here to read more
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Fixing The Gig Economy Doesn’t Require Turning All Uber Drivers Into Employees
Source: Daily Caller
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While new technologies have enabled new economic opportunities and labor arrangements, current laws largely treat employment as a binary between independent contractors and full-time employees. This limits employers who might otherwise want to offer some, but not all benefits; and unnecessarily restricts employees who need flexibility and the ability to set their own hours. click here to read more
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New York State Senate to Examine Gig Economy
Source: Cheddar
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Jay Bregman, co-founder and CEO of Thimble, discusses the gig economy landscape ahead of his testimony in front of New York State Senators on the subject. click here to read more