Taking Amazon to Arbitration

[RustyShackelford]

Originally Posted by Ellis555

I have taken amazon to arbitration with a stealth account and we settled a few days before it was supposed to go to the hearing. We still had to pay everything in fees and such but we got most of our money. It seems like if you fight them, you will win regardless of what you were selling. Took us about a year total but it was certainly worth it. If anyone needs any help or info you can private message me because I rarely check the forums.

Old legal technique, they knew their case was a dog, and lost, so they try to convince you to sign for a smaller amount, if they thought they had a decent chance of winning, they wouldnt offer you a dime, next time say no.

[RustyShackelford]

Originally Posted by munkron

Anyone have good experiences with any arbitration lawyers? Seems to be quite a costly process.

You dont need a lawyer, its 2019, most information you need is online. Anything you dont know the court clerk will most likely help you, just ask nicely.

[sabbiman]

I was told it would cost 6-8k to go to arbitration. Is that not true?

Too...what if, like most of us, we have accounts that are not in our real names.
Wouldn't that be, then, impossible to go to court for arbitration?

I'd be interested to know more about how this can be done. They have held one sum of money on me for a year now.

[buyguy111]

Originally Posted by The Demon

I am in arbitration on 1 account, and then in another arbitration on 3 accounts. We just started the 2nd arbitration. The first arbitration is in the process of choosing an arbitrator and striking others. Again I only have the lawyer's info to go on but he's confident we'll win all of them and has repeatedly said he has not lost one. We are asking for lawyer+filing fees for each arbitration because Amazon is continuously wasting our time and resources. I'll update people as soon as I get more information regarding this.

dam dude good luck.

What do you estimate your final cost for lawyer and filings will be? I know it might be hard to tell now. just estimation.

I think for them.. its not like their trying to steal money (maybe some degree) they just don't give a crap about it until you make enough noise.

Can you put in the terms of your arbitration that you want the account reinstated? That might give you a silver spoon on the account if it is reinstated by a higher up at AZ- jut a thought

[BezosCrazos]

Originally Posted by JamesNorth101

If you have been selling counterfeit items I really wouldn't use that argument...

It wouldnt take much for them to prove that and if they did you would open yourself up to a lot of other issues

It's impossible to prove this. Nothing is EVER taken into custody by Amazon and no forensics. Its the complaining partys' word against the seller and THAT is enough for Amazon. No ACTUAL proof necessary unfortunately.

[TooSlow]

I'm really interested to see how it works out for you. As more sellers get banned with no legitimate reason, this is something that needs to be taken into consideration from teh beginning - from account creation and forward to protect ourselves when we're talking tens/hundreds of thousands of dollars that some minimum wage earner can say they're keeping it because they don't think we have a way to fight back.
I'm very glad european/german authorities are looking into anti trust laws and how amazon is trampling them

[k3guaposoy]

Yes, you can take them to arbitration and most likely you will win if you have a good attorney.

You may need to account for your reasonable time, monies lost and attorney fees with it.

99% of the times Amazon will keep your money because they suspect you may have sold fofo items. However they have never been able to prove that in Court.

No evidence, no reason to hold your money.

I have won many times and 100% of the times on stealth accounts, they claimed fofo sales but they failed to provided physical evidence to arbitration. They are like little babies when it comes to legal.

A good attorney can cost up to $25,000 for a $100,000 case but is well worth.

Good luck.

[k3guaposoy]

This is the firm I used:

Wood Edwards LLP
1700 Pacific Avenue, Suite 2280
Dallas, TX 75201
Phone: 214-382-9789

When asked Amazon for evidence I sold fofo items they failed to provide. So arbitration was decided in my favor.

No higher court.

[RustyShackelford]

Originally Posted by k3guaposoy

This is the firm I used:

Wood Edwards LLP
1700 Pacific Avenue, Suite 2280
Dallas, TX 75201
Phone: 214-382-9789

When asked Amazon for evidence I sold fofo items they failed to provide. So arbitration was decided in my favor.

No higher court.

You didnt need a lawyer to do that.

[Doma]

I'm guessing you don't need a lawyer to take Amazon to Arbitration is that what you are referring to?

Also if I may ask what did it cost you in legal fees to get the case decided in your favor?

[TooSlow]

Originally Posted by k3guaposoy

This is the firm I used:

Wood Edwards LLP
1700 Pacific Avenue, Suite 2280
Dallas, TX 75201
Phone: 214-382-9789

When asked Amazon for evidence I sold fofo items they failed to provide. So arbitration was decided in my favor.

No higher court.

That's interesting to note

[dan_ebay]

Originally Posted by Kgallag5590

Unsurprisingly the agreement is written to favor Amazon in just about every imaginable way. Relevant provisions of the Amazon Services Business Solutions Agreement:

"if we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Amazon or third parties, then we may in our sole discretion withhold any payments to you for as long as we determine any related risks to Amazon or third parties persist…If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate our Program Policies, then we may in our sole discretion permanently withhold any payments to you."

"If the Elected Country is the United States, Canada, or Mexico, Amazon and you both consent that any dispute with Amazon or its Affiliates or claim relating in any way to this Agreement or your use of the Services will be resolved by binding arbitration as described in this paragraph, rather than in court, except that (i) you may assert claims in a small claims court that is a Governing Court if your claims qualify and (ii) you or we may bring suit in the Governing Courts, submitting to the jurisdiction of the Governing Courts and waiving our respective rights to any other jurisdiction, to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, CSC Services of Nevada, Inc., 2215-B Renaissance Drive, Las Vegas, NV 89119. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Amazon will not seek attorneys' fees and costs from you in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. Amazon and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Amazon and you each waive any right to a jury trial."

Most of that is irrelevant because the law> Amazon T&C's.

[liimey]

Originally Posted by The Demon

I am in arbitration on 1 account, and then in another arbitration on 3 accounts. We just started the 2nd arbitration. The first arbitration is in the process of choosing an arbitrator and striking others. Again I only have the lawyer's info to go on but he's confident we'll win all of them and has repeatedly said he has not lost one. We are asking for lawyer+filing fees for each arbitration because Amazon is continuously wasting our time and resources. I'll update people as soon as I get more information regarding this.

Can I ask which lawyer you are using?

[booras]

Someone who will take % for it if won? Can find someone? Info in private.

[gotgame44]

I took amazon to court 5 years ago in regards to the same issue ,not only were they holding my funds but product too in fba.I ended up winning without hiring a lawyer,but they will make you sign a non disclosure if they settle.Remember ,just because its in amazons agreement policy doesnt make it enforceable by a court.

[booras]

Originally Posted by gotgame44

I took amazon to court 5 years ago in regards to the same issue ,not only were they holding my funds but product too in fba.I ended up winning without hiring a lawyer,but they will make you sign a non disclosure if they settle.Remember ,just because its in amazons agreement policy doesnt make it enforceable by a court.

Tell how you did it please..

[gotgame44]

Have you ever heard what a non disclosure means.I cant give full details ,just a grace of hope .If you want to sue go for it ,as long as your products were obtained legitly ,amazons not as scary as they seem.Even they can not just steal your stuff for no reason.Do your research on how to file a lawsuit ,if you dont have court room etiquette then hire a lawyer.

[rsot]

Originally Posted by booras

Tell how you did it please..

Time to get a lawyer and/or legal advice properly

[booras]

Originally Posted by rsot

Time to get a lawyer and/or legal advice properly

He say he did it without lawyer so that why i ask that.. to take lawyer we all know how to..

[bmk73]

Originally Posted by k3guaposoy

This is the firm I used:

Wood Edwards LLP
1700 Pacific Avenue, Suite 2280
Dallas, TX 75201
Phone: 214-382-9789

When asked Amazon for evidence I sold fofo items they failed to provide. So arbitration was decided in my favor.

No higher court.

thanks bro for this info..will check them out...nice to see someone actually trying to help, instead of spewing "search online" most of us search online and cannot find hence we try here, to which no one helps...thanks for this

[kpgallag]

Originally Posted by munkron

Anyone have good experiences with any arbitration lawyers? Seems to be quite a costly process.

munkron, I think there is a lot to consider before filing for arbitration such as how much time are you willing to invest, what you're willing to spend on legal fees, costs of attorney, etc. Unfortunately, I think the answers to these questions will depend on how much money Amazon is withholding. If Amazon is withholding between $1,000 and $4,000, it probably isn't worth it to pursue formal arbitration. You might still have the option of small claims court. If, however, they have $10,000+, it's probably worth your time to file for arbitration and hire an attorney who specializes in arbitration if you're not comfortable with the process.

I am an attorney with some experience taking Amazon to arbitration. Feel free to private message me about your personal experience.

[kpgallag]

Sabbiman,

It cost me close to $1,000 to file for arbitration with the AAA. An attorney may charge you upwards of $5,000, but I think that depends on the attorney you decide to employ. I'm an attorney, but at the time I was not comfortable handling a case because of my limited experience. I spoke to an attorney in NY, and he said he would not take my case because the amount Amazon was withholding was approximately $30,000 and the costs could exceed the judgement. This attorney handled larger claims, but I'm sure could find an attorney that would charge less.

Send me a private message if you'd like to discuss further.

Originally Posted by sabbiman

I was told it would cost 6-8k to go to arbitration. Is that not true?

Too...what if, like most of us, we have accounts that are not in our real names.
Wouldn't that be, then, impossible to go to court for arbitration?

I'd be interested to know more about how this can be done. They have held one sum of money on me for a year now.