How H.R. 9799 Could Impact Marketplace Enforcement
Counterfeit enforcement is changing as online marketplaces update the rules for how brands report infringement, how sellers can respond, and how platforms decide what gets removed.
In July 2026, Representatives Becca Balint and Nydia Velázquez introduced the Online Sellers’ Bill of Rights Act of 2026 (H.R. 9799), which aims to create additional transparency and due process protections for third-party sellers on large online marketplaces. Instead of a generic notice that a seller violated marketplace policy, the bill would require marketplaces to identify the specific rule allegedly violated, explain the evidence supporting that determination, outline the proposed enforcement action, and provide instructions and a timeline for appeal. It would also require advance notice of certain policy changes and establish new requirements for suspending sellers or holding inventory and funds.
Supporters say these requirements would create a fairer process for legitimate businesses that rely on online marketplaces. Others argue that additional review and appeal requirements could slow down enforcement against counterfeit sellers.
Whether or not the bill becomes law, the requirements for reporting infringement, providing evidence, and working with marketplaces continue to evolve. Brands cannot rely on a fixed enforcement process.
The Debate Behind Marketplace Enforcement
The debate around marketplace enforcement comes down to balancing seller protections with the need for fast action against harmful activity.
Online marketplaces are responsible for managing millions of third-party sellers while protecting consumers, enforcing intellectual property rules, and responding to complaints from brands. When a marketplace suspends a seller, removes a listing, or holds funds, that decision can have a major impact on a business that depends on the platform for revenue.
Marketplaces are experimenting with new approaches to enforcement. Earlier this year, TikTok introduced TikTok Real, a program designed to streamline notice-and-takedown workflows, strengthen proactive detection, and give participating brands new verification tools. The proposed Online Sellers' Bill of Rights Act takes a different approach by introducing additional requirements around transparency and seller appeals. These developments show that marketplace enforcement is continuing to evolve, with platforms trying to balance efficient enforcement with greater accountability.
Supporters of the Online Sellers’ Bill of Rights Act of 2026 argue that third-party sellers need more transparency when marketplaces remove listings, suspend accounts, or hold funds. They point to cases where sellers may not understand why action was taken or how to challenge a decision. The bill would require marketplaces to provide clearer explanations, notice of enforcement actions, and appeal processes.
On the other side, brand protection groups and marketplace operators have raised concerns about how additional procedures could affect enforcement timelines. When a marketplace identifies a potentially harmful listing, delaying action could give sellers more time to continue distributing unauthorized goods while a review process takes place.
What Effective Enforcement Requires
As marketplaces provide more structure around enforcement decisions, brands will need clear documentation to support their claims and respond to platform requirements. That includes identifying potential violations, determining which cases require action, gathering supporting evidence, and tracking enforcement activity across marketplaces.
Many brands still rely on manual monitoring to complete these steps. Teams may spend hours searching marketplaces, reviewing listings, and compiling evidence before submitting a claim. As counterfeit activity expands across more platforms, sellers can create new listings, reuse assets, or move between marketplaces, making it harder to understand the full scope of an issue.
Why It Matters
Marketplace enforcement is becoming a more collaborative process between brands and platforms. As marketplaces introduce clearer review processes, seller notifications, and appeal mechanisms, brands will need to provide stronger documentation and make more deliberate decisions about which cases to pursue. That means understanding not only where infringement is occurring, but also how listings, sellers, and products are connected across marketplaces.
Not every infringement carries the same level of risk. Looking at infringement patterns helps brands prioritize enforcement efforts and provide the context needed to support marketplace decisions. At Podqi, we give brands a centralized view of infringement activity, helping teams organize evidence, identify related listings, and prioritize enforcement across marketplaces.
Bottom Line
Marketplace enforcement is becoming more structured for everyone involved. The proposed Online Sellers' Bill of Rights Act focuses on giving sellers greater transparency into marketplace decisions. For brands, it reinforces the importance of bringing the same level
As marketplace processes evolve, successful enforcement will depend on documenting infringement clearly, understanding broader patterns, and working effectively within each platform's requirements, not just identifying counterfeit listings.
