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-   -   Amazon Confiscated Gift Card - My Legal Viewpoint (https://www.aspkin.com/forums/amazon/129093-amazon-confiscated-gift-card-my-legal-viewpoint.html)

rsot 08-24-2019 02:38 AM

Re: Amazon Confiscated Gift Card - My Legal Viewpoint
 
Quote:

Originally Posted by futbolplayer (Post 1029007)
So long as you have receipts to prove ownership in court you will have a strong case. I also recommend people start doing chargeback claims when they bought their own GCs w/ CC. Amazon is such an incredibly greedy corporation, people should not put up with their malfeasance.

Proof in the pudding

munkron 08-27-2019 01:24 AM

Re: Amazon Confiscated Gift Card - My Legal Viewpoint
 
Quote:

Originally Posted by treyallover (Post 1029184)
Educate yourself. Get off of this site and start with the company's terms of service.

DISPUTES
Any dispute or claim relating in any way to your use of any Amazon Service, or to any products or services sold or distributed by Amazon or through Amazon.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

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 these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. 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 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 in the county where you live or at another mutually agreed location.

We 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 we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

It's not so simple. Arbitration costs add up, filing fee's, arbitrator fee's, and potentially lawyer fee's.

They claim you get reimbursed if they deem it frivolous, but I've spoken to plenty of lawyers who said a very very small % of the time they force Amazon to pay. Most of the time, you are gonna eat the cost, and Amazon loves it because how many people take them to arbitration. If it was free, everyone would do it.

munkron 08-27-2019 01:26 AM

Re: Amazon Confiscated Gift Card - My Legal Viewpoint
 
Quote:

Originally Posted by futbolplayer (Post 1029006)
Who are these people who specialized in arbitration? Citation of sources please. Small claims court cost $50

Arbitration and small claims court are different things.

If it's under $10k, small claims is generally recommended.


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