So one of my personal goals for this forum was to provide readers/members access to the tools necessary to resolve Amazon caused problems. Stuff like FBA negative receipts, Amazon buy shipping A to Z protections, FBA return reimbursement, etc.
Well, now Amazon has handed me the gift of arbitration, by denying my reimbursement for ~$200 worth of lost product shipped and signed for by an Amazon partnered carrier, supported by an invoice.
I am looking for a lawyer that will spend a few minutes (paid of course) to hold my hand and walk me through the arbitration steps so I can share the process here, of how to pursue Amazon at a basic level. My previous co-owner was a JAG officer, but now is retired in the Philippines with his family.
I know the value of the lost goods is not worth doing it for, but the education to others who may not be able to afford an attorney could be priceless.
Please share your thoughts and PM me if you have a recommendation for a legal professional. I will perma-ban anyone who says ILFS or Debbie Pearl Fashion. I said lawyer not convict.
I want to start this process from the ASBSA
“Before you may begin an arbitration proceeding, you must send a letter notifying us of your intent to pursue arbitration and describing your claim to our registered agent, CSC 300 Deschutes Way SW, Suite 208 MC-CSC1, Tumwater, WA 98501.”
and am looking to see if any of you have done this part previously as it is not in our previous arbitration claim.
More than likely they’re calling your bluff. They figure for $200 you’ll go away.
Kudos to you for standing your ground.
I had filed away a few legal names several years ago … if I find them I’ll gladly pass along.
I may just head to the local university for a law student to help draft the notification letter of intent to file arbitration.
I don’t mind spending some money if it is educational, but I would never do it for a few hundred bucks. I also have not used the Jeff email either or pushed very hard for escalation for the purpose of this little learning event. I asked 3x and consider that enough of an attempt.
I had a boss who ran software company whose customers were Fortune 200 companies. He would prosecute legal injustices to the full extent of the law, or $500 in legal fees - which ever came first.
I think I would be worried about Amazon retaliating and suspending my account with some BS reason down the road… I definitely wouldn’t put myself on their radar over $200.
I get this is a learning thing and I support that, but is it really worth it?
I am very interested in seeing how this goes if you proceed, please keep us updated!
I feel like I saw posts from users on the old forum saying Amazon had suspended their account after arbitration, but who knows the backstory to any of those posts and whether it was really arbitration that took place.
I’m looking forward to seeing what comes of this.
You know how libelous it would be for Amazon to suspend a seller for exercising their rights per the seller agreement if they weren’t doing it maliciously…
It might be a different story if it was some piddly â– â– â– â– seller doing it. That would still be wrong but regardless, this is not the case here.
Ya, the 3 owners sat down and discussed this and we are all in agreement that our company will not negotiate with terrorists (not a current events statement).
Our invoice is very clear and specific and their reason for not accepting it is bogus. They are being intentionally moronic/inept/incompetent as the invoice description literally has the exact part number in it down to each “-” exactly in the listing, UPC data and even SKU#.
" “The world is full of a$$holes, Ray, you do realize that.” “Yeah, and you know why? Because people let 'em get away with it.” <----- Mr Inbetween
I am curious if our company can decline any confidentiality agreement as part of a settlement. I intend to scrub any specific details out of our submissions here, but leave enough explain the process in detail, so others are not daunted by the procedures.
I would even consider hiring a paralegal just to teach me how to file the paperwork so I can help others.
For some $300 is all that keeps them in business, and the filing fee would probably be out of their reach.
I am willing to bet, if every seller who got the message “we have no record of receiving this inventory” for a negative receipt, filed for arbitration with receiving reports in hand, Amazon would change that practice.
Is there any confidentiality clause in the Amazon BSA regarding arbitration? If not then you can certainly refuse any confidentiality agreement. You just don’t sign any settlement that includes one. This is for some chump change so I don’t think Amazon’s going to bother with holding out for you to agree to confidentiality. It’s not like you’re desperate for the money and will bend over to their terms to get it.
My guess is the way this will go is you’ll send Amazon the arbitration demand and they’ll reimburse you the $200. Putting together a guide of how to demand arbitration (preferably pro-se) in a way that gets Amazon’s attention would be extremely useful information for many sellers, and for actual important issues.
A few key pieces that would be important knowledge:
Where and how do you initiate this process? Do you send a letter to Amazon Legal? Certified Mail? Specifics are important here.
How does Amazon respond? Email? Physical Mail? Which department responds?
Can you do this process yourself, or do you need to hire an attorney? I’m assuming you can do this yourself.
This could be a very useful tool for both minor issues and major ones. If sending a letter gets them to reimburse you, or reinstate an ASIN or the like, that can be a powerful tool in itself. And of course if there’s a major issue that actually needs to go through the full process, this would be very helpful information on how to start it.
I read it several times and it essentially states the “The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules.”
They (AAA) appear to have different forms for different things arbitrated (labor, goods, etc) for non disclosure but only after the parties have agreed to arbitrate.
Might want to talk to a lawyer about the specifics, but it seems like you don’t need to keep any documents you submit, or the results of the arbitration confidential. If Amazon submits documents, you might not be able to release those documents (legally) without their consent.
You don’t need a lawyer. A paralegal who has experience with the AAA is enough. He will guide you through all the steps.
You must be very convinced that the opposing party is wrong and that you are right. That should be like a blood oath. Once you start, you must go all the way because the opposing party will give you reasons to give up. Don’t.
I guarantee that the opposing party gets very nervous and angry.
You should expect retaliation for the mere fact that you dare to initiate proceedings. Well, that is the best thing that can happen to you.
The opposing party usually leaves evidence that you will keep. You will show it to the arbitrator and then, the arbitrator will award you the case.
Yes, the other side will ask you to sign a confidentiality agreement about the whole process. I advise you to sign it.
The process starts as soon as you send a notice to the address indicated in the Business Solution Agreement.
CSC CORPORATION.
300 Deschutes Way SW
Suite 208 MC-CSC1
Tumwater
98051 WASHINGTON
Thanks for that. I am currently waiting for the Jeff email to work its way through the system, as I want to show a good faith attempt to use all non arbitration methods of resolution first.
I am actually more concerned they will nip my experiment in the bud by resolving it prior. I kind of want to poke Amazon in the eye for all their BS and stress I have to read about and put up with daily.
Ah yes, that’s another thing that’s important to know. Will Amazon retaliate?
One risk in initiating arbitration is Amazon suspends your seller account pending some kind of resolution (and may keep it suspended even after it’s resolved). Even if this retaliation is illegal, it may still happen and most sellers will go bankrupt before being able to fight it.
Given that VTR is doing this for educational/learning reasons, and not to win $200, I would say signing any kind of confidentiality agreement defeats the purpose of it. Pressuring people to sign confidentiality is another type of bullying, as they don’t have to worry about the public finding out about their tactics.
