That is true our issue is with the rights owner but the other issue is Amazon only accepting an LOA for 20% of the violations for the same complaint ID. I can’t compel the rights owner to do anything without litigation so I’m trying to exhaust all other options before taking that route. I’m hoping this .jpg of the letter taken with my phone will work to prove authenticity.
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Sent. Auto denied:
“We have reviewed your submission, and we require more information from
you.”
That was for one violation, I’m sending the same for the other 160.
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All appeals with a .jpg picture I took of the letter were auto denied. Within 1 minute I get this email for all of them:
Hello,
Thank you for informing us that you have removed your offer for the ASIN below. We appreciate your efforts to comply with our selling policies.
ASIN: xxxxxxxxxxx
We are unable to remove the policy violation record for this ASIN from your Account Health page because your submission did not adequately address the reason for their removal. The policy violation record for this listing will remain on your Account Health page for up to 180 days after the listing removal.
If you would like to remove this policy violation record from your Account Health page, please submit one of the following:
– An explanation for how the removed listings have not violated the Intellectual Property policy.
– The documentation requested in the original listing removal notification.
– An appeal after updating the listing product detail page to comply with the policy."
On the violation page, I see this: “We completed our evaluation of your submission. We do not have enough information to remove the violation at this time.”
"We have reviewed your submission, and we require more information from
you."
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My experience with submitting invoices / other documentation has been that starting since about 1 year - 6 months ago, they have largely rejected documentation. Whether your documentation is real or not has little basis on their decision. I feel like if you want your documentation to hold up in the vast majority of cases you have to demand arbitration or something, because they just deny it with no cause or explanation these days.
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Looks like we’ve hit a wall. I understand I’m asking for purely speculative opinions: Based on everything presented in this thread, what’s the next move assuming the rights owner won’t retract the complaint? Arbitration with Amazon or litigation against the rights owner? Either way we are trying to compel an action. We’re looking for the quickest route. We already have a law firm we are familiar with and we can reach out to them regarding litigation with the rights owner but I’m almost positive they’ve never gone through arbitration with Amazon. I feel like that’s an option we don’t want to attempt alone.
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Litigation against the rights owner, litigation against the seller they empowered to file the complaint against you.
Arbitration with Amazon is fruitless IMO. They’ll just point to the complaint and tell you to deal with it, otherwise they’re not interested in reinstating you.
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There is a vast difference between “litigation” and a polite letter from an attorney who has a track record of litigating and not settling business cases. As the issues here are clear, he can offer the manufacturer some options, such as:
a) Refunding you in full for all inventory affected by their ill-advised actions
b) Authorizing the sale of the inventory shipped so far with Amazon-compliant documentation, so that the inventory sold to date can be distributed to customers
c) Treble damages for “fraud”, as their ill-advised actions are a clear breach of the purchase contract with you, and their actions are deliberate attempts to “interfere with contract” and “interfere with relationship” between you and Amazon.
Most folks want to avoid litigation but you need to pay a real lawyer a few hundred bucks to draft a letter that will motivate them to avoid litigation by doing the right thing.
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