Amazon Seller Legal Services
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Navigating the complexities of selling on Amazon can be overwhelming, especially when facing account suspensions, intellectual property disputes, or other legal challenges.
As an experienced attorney focused on Amazon Seller services since 2016, Anthony Famularo, Esq., is here to provide expert guidance and robust legal support to help you protect your business and achieve your goals on the platform.
Amazon Account & Listing Suspensions
Facing an Amazon account or listing suspension can severely impact your business, often without warning. Anthony Famularo, Esq., provides comprehensive support to address all types of suspensions, including:
- Shipping Metrics:
- Suspensions due to issues like high Order Defect Rate (ODR)
- Order cancellations
- Late shipments
- Sudden spikes in sales velocity
- Buyer Complaints: Handling suspensions stemming from complaints about:
- Inauthentic items
- "Used sold as new" products
- Incomplete or wrong items
- Damaged goods
- Safety concerns/expired products
- Items not as described
- Intellectual Property (IP) Complaints: Assisting with suspensions related to:
- Counterfeit
- Trademark
- Copyright
- Patent infringement claims
- Policy Violations: Resolving suspensions related to:
- Related accounts
- Account verification problems
- Review manipulation
- Fair pricing violations
- Restricted products
- ASIN creation errors
- Unauthorized dropshipping
We will craft tailored appeal and communicate directly with Amazon on your behalf when neccessary, working diligently to get your account or listings reinstated as swiftly as possible.
Arbitration with Amazon
When all appeal options are exhausted, and Amazon refuses to reinstate your listing or account, or if they withhold your funds or inventory, arbitration often becomes the final recourse for Amazon Sellers.
The agreement between Amazon and its Sellers (Business Solutions Agreement, or BSA) limits sellers to arbitration as their primary method of dispute resolution.
This process is complex, and the BSA, drafted by Amazon, is heavily skewed in favor of the company, making it difficult for sellers to succeed.
Arbitration Services can cover:
- Listing Suspension
- Account Suspension
- Withheld or Missing Funds
- Failed Virtual Interview Verification
- IP infringement issues, including listing hijacking and negative reviews from infringing products
- Other Issues where you believe Amazon has made an error
Arbitration is generally the last chance for recourse when facing these challenges. Even though courts and arbiters have repeatedly upheld the enforceability of the BSA, this one-sided agreement protects Amazon from most liabilities, often permitting them to permanently withhold funds and dispose of inventory. While sellers are often deemed to have agreed to these terms, the legal landscape makes it an uphill battle.
Despite this, Anthony has helped Amazon Sellers to successfully recover the value of withheld or otherwise disposed of funds and inventory through arbitration. Although Amazon cannot be forced to reinstate accounts, there have been cases where settlements have been reached during arbitration proceedings. However, it’s essential to understand that the BSA protects Amazon from responsibility for most issues and damages, and it often requires sellers to indemnify Amazon for many issues.
Anthony Famularo, Esq. has extensive experience navigating these arbitration issues and proceedings, helping sellers recover what they are rightfully owed and ensuring that they are represented effectively in these challenging disputes.