Amazon Class Action
I notice there is a class action against Amazon for potentially exploiting Buy boxes. Does anyone know of a class action for breaching the Online Platform Regulations in relation to account suspensions? Amazon are clearly failing to comply in relation to account suspensions and mediation. Many of us have had our account suspended through a process that breaches these regulations. I think it is time to take action.
0 replies
Seller_lljyzgTxr5fgI
And your post here is designed to do what? Recruit willing accomplices to your cause? Not sure this forum is the place for your post. Aren’t you more likely to need to go through more “legal” channels? Besides, most sellers here have far bigger concerns right now. Many of them would just like to know how they’re going to survive to sell another day, given the state of the economy and the various strikes going on. Wrong place, wrong time, in my opinion.
Seller_Jr2zLzqQNIloA
Those of us who are suspended have more serious problems than strikes because we are not able to sell at all (at least not on Amazon). This forum is full of people with suspended accounts many of whom have been selling for years and years. Christmas is make or break for many businesses and those of us who are suspended are severely impacted because we are losing ALL of our Amazon Christmas sales so this time magnifies the impact we face. Therefore I think it is a good time to think about taking action.
Seller_Jr2zLzqQNIloA
I am sure I (and other suspended sellers) are a minority but it does mean our situation is not important. I was simply asking does anyone know if there is a class action and not how do you undertake a class action. I am not asking for legal advice here. I am asking other sellers if they know about such an action ie like the one against Amazon which has been in the media regarding buy boxes. If there isn’t a class action I would like to gauge if others would be interested. I don’t expect sellers with active accounts to be interested. I also understand many people will not want to rock the boat here and prefer to keep a low profile in the hope their accounts might be reinstated. This post is relevant to this forum and section because it is specifically about account health and other routes we can take to try and resolve account suspensions where Amazon are not complying with the Online Platform Regulations.
Seller_Jr2zLzqQNIloA
Thank you, that is an interesting point about the buy it now box impacting customers.
My focus is not about whether accounts have been suspended but the process Amazon uses to suspend them and that it is potentially not in compliance with the Online Platform Regulations. Potential breaches include no notice period and not following through the mediation process and preventing sellers communicating in relation to the mediation process. Also there might be be a case that their policy of suspending an account owned by a limited company as a result of a sole trader account suspension is unlawful and they are separate legal entities.
Seller_9vYzAspLN0bEC
Amazon is a private company and its up to them to select the sellers. Buy box case is different as its to do with the data protection act. The government cannot force Amazon to open or even review suspended accounts.
Seller_Jr2zLzqQNIloA
Amazon are not exempt from the law just because they are a private company:
OPR
Article 12 Mediation - Mediation is required under the law.
- Providers of online intermediation services shall identify in their terms and conditions two or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 11.
In the case of restriction, suspension or termination, the provider of online intermediation services shall give the business user the opportunity to clarify the facts and circumstances in the framework of the internal complaint-handling process referred to in Article 11. Where the restriction, suspension or termination is revoked by the provider of online intermediation services, it shall reinstate the business user without undue delay, including providing the business user with any access to personal or other data, or both, that resulted from its use of the relevant online intermediation services prior to the restriction, suspension or termination having taken effect.
Article 11 - They are also required to provide their Internal Complaint Handling system which I have not been able to obtain online or by contact and email.
Article 4 Restriction, suspension and termination - Notice required
- Where a provider of online intermediation services decides to restrict or suspend the provision of its online intermediation services to a given business user in relation to individual goods or services offered by that business user, it shall provide the business user concerned, prior to or at the time of the restriction or suspension taking effect, with a statement of reasons for that decision on a durable medium.
Seller_9vYzAspLN0bEC
The final point changes everything:
What happens if the mediator’s opinion is favourable to me (seller)?
Amazon will take a final decision whether to accept and implement the opinion or not**, and inform you.** Independent of that decision, CEDR will reimburse your part of the fee to you.
Still Amazon can refuse you as a seller on their platform.
Seller_l78koE9kGCu59
This line sounds a bit too “Twitter-y” to me.
Probably many valid points but coming off as quite miliatant.
Personally I would suggest picking your battles and by that, I mean I’d be concentrating on how I could make my business work in the current environment. The environment that you’re able to join or leave as you see fit.
I’m geniunely not having a pop at the OP. However, I do see the post as pointless and not at all helpful. If you have been suspended put the work and time into resolving it and not fighting it. Certainly not fighting the system / policy - to me that’s the fastest way to making yourself poorly.
IMO at least how I see it, Good luck with getting your account back on line quickly. 
Seller_VJFloi7Cs0iaR
Amazon provide you a service ( use of the platform ) on the basis that you adhere to the terms in full when you sign up to it. They are well within their rights to suspend you if you breach these terms, this is very clear and simple in legal terms, you wouldn’t have a leg to stand on if they can prove you ( or anyone else) breached the terms.
They don’t legally have to give you any kind of mediation, as it’s black and white.
