Fishy Copyright Notice/CD Letter from Seller

neonfossil · #1 03-20-2014

Hi Did a little searching as is normal forum etiquette but couldn't quite find my situation.

A little background first. I sell a generic, non-branded product on eBay. I recently wanted to try selling it on Amazon. I found the listing for my certain, generic, non-branded product. After adding my inventory, I got this "inquiry from a customer" about 6 hours later.

Quote:

This is to notify you that you are in violation of International Copyright laws, Deceptive Trade Practice laws, and are committing fraud by offering products for which you have no right to sell. We demand that you terminate your fraudulent listing of our products, AMAZON LINK by COMPANY NAME immediately to never again post our product for sale on Amazon or anywhere else.

You are by this letter warned that if you fail to comply with this request within 24 hours from the time and date of sending of this notice, we will file a formal complaint with the United States Federal Trade Commission and demand that it require Amazon to ban your fraudulent activities from their websites worldwide going forward.

Further, by your actions you are in violation the Federal Trade Commission Act (15 U.S.C.A. § 45(a)(1)), and State Deceptive Trade Practices Acts based thereon. Consumer protection laws are federal and state statutes governing sales and credit practices involving consumer goods. Such statutes prohibit and regulate deceptive or unconscionable advertising and sales practices, product quality, credit financing and reporting, debt collection, leases, and other aspects of consumer transactions.

The Federal Trade Commission (FTC), the largest federal agency that handles consumer complaints, regulates unfair or deceptive trade practices. Even local trade practices deemed unfair or deceptive may fall within the jurisdiction of FTC laws and regulations when they have an adverse effect on interstate commerce.

A formal policy statement made by the FTC in 1988 defines Deceptive Trade Practices as follows: a practice is deceptive if it will likely mislead a consumer, acting reasonably under the circumstances, to that consumer's detriment.

Your unlawful and fraudulent representation of right and ownership of products to which you are not authorized to market, clearly misleads customers, to their detriment.

This will be the only warning we will post and this demand is not to be taken lightly. Remove your listing of our product now or deal with the United States Federal Trade Commission.

JANE DOE
COMPANY NAME

At first blush, to me, this seems like a load of BS. It seems like they just want to scare competition off the product with a scary sounding notice. These are non-branded, generic products. They don't have an OEM brand, or company brand on them.

Second, why would this be sent as a question about a product from an account that is unrelated to their seller account?

I am definitely new to selling on Amazon, so I thought I might ask here to see what some more experienced people thought. Thanks for your thoughts.

kockedoff · #2 03-20-2014

What are you selling ?

Gamefreak · #3 03-20-2014

Email amazon and let them know about the email. they will tell you if there are restrictions on the listing or not and if problem comes up later on a record of you contacting amazon will be there.

the thing about amazon especially starting out you won't want to take things lightly as you could end up losing your account over it.

GreenBean · #4 03-20-2014

Quote:

Originally Posted by neonfossil

Hi Did a little searching as is normal forum etiquette but couldn't quite find my situation.

I am definitely new to selling on Amazon, so I thought I might ask here to see what some more experienced people thought. Thanks for your thoughts.

Before you made your listing did you triple check that it was suitable for selling on amazon.

You needed to be aware that some items although generic may be grey imports.
Check these facts for yourself and do as Gamefreak posted. Follow up with amazon.

unkown5454 · #5 03-21-2014

Someone claiming to have the power of the FTC and making threats through AZ messaging system?

Sorry, FTC does not deal with silly stuff like this on an individual basis. What a joke...

You can follow what GB and Gamefreak have advised to take precaution and future-proof your account, but no moron messaging you through AZ messages has any control over the godd@mn FTC.

neonfossil · #6 03-21-2014

Thanks for all the feedback guys.

I will contact Amazon ASAP. What is the best way to reach them and actually be heard?

For now, I have taken my inventory to 0 so it is not showing up in the listing as of now.

To me it sounds like someone trying to corner this specific market with threatening letters to any price competition. It is in a seller restricted category (beauty) but is more of a makeup brush.

I definitely want to stay on the even with Amazon here.

Gamefreak · #7 03-21-2014

Email, you will get a reply usually with a few hours. never fail to amaze me how amazon is able to respond to so many messages in such a short time frame.

But email is the best way to communicate and it also leaves a traceable record. At this stage its all about preserving the future of the account

neonfossil · #8 03-21-2014

Thanks, I emailed them today, but being that it is Friday, I don't expect to hear back from them until next week. I will update here when I find something out.

Phd · #9 03-23-2014

Did you click on the seller to see who they are, and what they are selling?

slapped · #10 03-23-2014

Not only contact Amazon, as has been already advised, but how about you simply Reply to the sender of the Message, asking for THEIR Direct contact Info to discuss the issue, and telling them that if they do NOT provide it, that you will talk to Amazon to ask Amazon to ban THEM,,,I would say that the odds are pretty good that you will NOT get a response, confirming that the whole thing was Bull$hit

jai · #11 03-23-2014

when you list an item you need to check if the created item is being sold by the rights owner, it isnt bull**** at all.

People buy the isins to list with and therefore have the rights to sell on it.

neonfossil · #12 03-28-2014

So Amazon got back to me earlier this week, original seller never did. The results revealed a surprising detail of the Amazon system.

The company that contacted me did not have a TM or anything on the product, but did buy a $2 UPC. Due to this, my product can not have that UPC unless I bought it from them. Alas, in Amazon's eyes, even though the products are physically the same, they are different. The UPC's constitutes it as a unique product.

I was given the green light to list mine as a separate listing with my own UPC. Seems like an ass backwards system as like I said, the products are identical, but I am happy enough to have my own listing.

GreenBean · #13 03-28-2014

Quote:

Originally Posted by Gamefreak

Email amazon and let them know about the email. they will tell you if there are restrictions on the listing or not and if problem comes up later on a record of you contacting amazon will be there.

the thing about amazon especially starting out you won't want to take things lightly as you could end up losing your account over it.

Quote:

Originally Posted by neonfossil

So Amazon got back to me earlier this week, original seller never did. The results revealed a surprising detail of the Amazon system.

The company that contacted me did not have a TM or anything on the product, but did buy a $2 UPC. Due to this, my product can not have that UPC unless I bought it from them. Alas, in Amazon's eyes, even though the products are physically the same, they are different. The UPC's constitutes it as a unique product.

I was given the green light to list mine as a separate listing with my own UPC. Seems like an ass backwards system as like I said, the products are identical, but I am happy enough to have my own listing.

Gamefreak was right on the mark with the advice to contact amazon.

Good job on doing the follow up. You are now on file ( so to speak) as having the OK to list the item.

It's the finer points of selling that need to be checked.
Must say that other party's plan back fired LOL.

One for the good guys

barrycruan · #14 03-29-2014

This is nothing new. The days of listing on a different sellers generic product are long gone. Everyone and his dog has a UPC or "brand".