The Digital Millennium Copyright Act (DMCA) is a United States copyright law that provides protection for copyright holders against copyright infringement. The DMCA also established a "notice-and-takedown" system, which allows copyright holders to notify online service providers (OSPs) of infringing content hosted on their platforms. OSPs are then required to remove the infringing content or disable access to it.
While the DMCA has been effective in reducing copyright infringement online, it has also been abused by some copyright holders and their agents to have legitimate content removed from online platforms. This is known as an illegal DMCA takedown request.
Illegal DMCA takedown requests can be motivated by a variety of factors, such as:
Illegal DMCA takedown requests can have a number of negative consequences, including:
In October 2023, Shopify filed a lawsuit against an unknown defendant for sending numerous false DMCA takedown requests. The takedown notices targeted listings on a variety of shops selling perfume products, claiming that they infringe copyright.
Shopify claims that the takedown notices were not legitimate and were instead being used to harass the company and its merchants. Shopify is seeking damages from the defendant and an injunction to prevent them from sending any further false DMCA takedown requests.
Shopify's lawsuit highlights the growing problem of illegal DMCA takedown requests on online platforms. These requests can have a devastating impact on legitimate businesses and can create a chilling effect on free speech.
It is important to be aware of this problem and to take steps to combat it. If you receive a DMCA takedown request, you should carefully review the request to determine whether it is legitimate. If you believe that the request is illegitimate, you can file a counter-notice with the online platform. You may also want to consider consulting with an attorney to discuss your options. AMZ Sellers Attorney® is always available for a free consultation, 24 hours a day, 7 days a week.
Why Hiring an Attorney-Assisted Amazon Appeals Service is the Best Way to Get Your Account Reinstated
Why Hiring an Attorney-Assisted Amazon Appeals Service is the Best Way to Get Your Account Reinstated
If your Amazon seller account has been suspended, you may be feeling lost and frustrated. You know that you need to appeal the suspension, but you're not sure where to start or how to write an effective appeal.
That's where an attorney-assisted Amazon appeals service can help. These services have a team of experienced attorneys who specialize in Amazon law. They can help you to understand why your account was suspended and write an appeal that addresses all of Amazon's concerns.
Here are some of the benefits of hiring an attorney-assisted Amazon appeals service:
Attorney-Assisted Amazon Appeals Services Are Comparable in Cost
Attorney-assisted Amazon appeals services may seem expensive, but they are actually comparable in cost to non-attorney assisted appeals services. This is because attorney-assisted appeals services have a high success rate. In most cases, they are able to get their clients' accounts reinstated on the first appeal. This means that you will save money in the long run by hiring an attorney-assisted appeals service.
What Attorney-Assisted Amazon Appeals Services Can Provide
Attorney-assisted Amazon appeals services can provide a wide range of services, including:
How AMZ Sellers Attorney® Can Help
AMZ Sellers Attorney® is a leading attorney-assisted Amazon appeals service. We have a team of experienced attorneys who have helped thousands of Amazon sellers to get their accounts reinstated. We offer a variety of services, including:
Correcting Listing Content When an ASIN Has Been RestrictedIf your Amazon ASIN has been restricted, it means that Amazon has determined that your listing violates one of their policies. This can be a frustrating experience, but it's important to remember that Amazon is just trying to protect its customers and ensure a positive shopping experience.
One of the best ways to get your ASIN reinstated is to correct any listing content that is in violation of Amazon's policies. This may involve removing keywords, images, or other content that is prohibited.
How to Correct Listing Content
Here are some steps you can take to correct your listing content when your ASIN has been restricted:
Amazon will review your updated listing and let you know if it has been reinstated. If your listing is not reinstated, you can contact us for professional help.
Tips for Correcting Listing Content
Here are a few tips for correcting listing content when your ASIN has been restricted:
Reinstating a listing is not a simple matter. It requires delving into the root causes of the restriction, correcting the listing detail page, and submitting an appeal to Amazon to reinstate your listing. Here at AMZ Sellers Attorney® we are experts at reinstating seller listings. Call, chat or submit your case now to us for a free consultation.
What are black hat attacks?
Black hat attacks are unethical and sometimes illegal tactics that malicious actors use to gain an advantage over their competitors. In the context of Amazon selling, black hat attacks can include things like:
How do innocent sellers get blamed for policy violations?
Black hat sellers can often make it look like innocent sellers are violating Amazon's policies. For example, a black hat seller might hijack a listing and then start selling counterfeit products. If Amazon catches wind of this, they may suspend the listing and the innocent seller's account.
Another way that black hat sellers can blame innocent sellers is by filing false infringement reports. If a black hat seller thinks that your product is infringing on their trademark, they can file a report with Amazon. If Amazon believes the report, they may suspend your listing or even your account.
We have seen many black hat methods, such as ordering and cancelling many orders to make it appear the innocent seller is manipulating sales, ordering then falsely reporting items as defective or counterfeit, placing infringing images on a seller's listing, manipulating reviews or adding false negative reviews to seller's products.
How to protect your seller account and listings from black hat attacks
There are a number of things that you can do to protect your seller account and listings from black hat attacks:
What to do if you've been the victim of a black hat attack
If you've been the victim of a black hat attack, the first thing you should do is contact AMZ Sellers Attorney®. We can help you to reinstate your listing or deactivated account. You should also collect evidence of the attack, such as screenshots or emails. This evidence can be helpful if you need to appeal a suspension or ban.
Black hat attacks can be a serious problem for Amazon sellers. However, there are a number of things that you can do to protect yourself. By following the tips above, you can help to keep your seller account and listings safe from black hat attacks. If your account or listing has been deactivated due to a black hat attack, call, chat or submit your inquiry to us for a free consultation.
In today's competitive marketplace, it is more important than ever for sellers to maintain adequate records showing their supply chain for Amazon. This is because Amazon has strict policies in place to ensure that all products sold on its platform are authentic and compliant with all applicable laws and regulations.
Failure to maintain adequate supply chain records can result in a number of negative consequences for sellers, including:
Steps Sellers Should Take to Prevent Suspensions and Listing Removals
In order to avoid these consequences, sellers should take steps to ensure that they are maintaining adequate supply chain records. These steps include:
In addition to the above, sellers should also be aware of the following specific requirements for supply chain records:
What To Do if You Hit a Speed Bump
There is nothing worse than a listing removal, except a suspension or deactivation of course. If sellers run into issues with Amazon questioning the authenticity of their products, AMZ Sellers Attorney® can help. AMZ Sellers Attorney® is a team of experienced attorneys who specialize in helping Amazon sellers with a variety of issues, including authenticity issues. They offer free consultations to sellers who are facing these types of problems.
During a free consultation, an AMZ Sellers Attorney® will review the seller's case and determine the best course of action. They can help sellers to gather and organize the necessary documentation to support their claims of authenticity. They can also represent sellers in appeals to Amazon's legal department at no extra cost.
If you are an Amazon seller who is facing authenticity issues, AMZ Sellers Attorney® can help. Contact them today for a free consultation.
Amazon's In-Person Video Interview (IPI) is a video call interview conducted by a live Amazon representative to verify the identity of the person who owns and operates the seller account.
Is the IPI procedure set forth in the Business Solutions Agreement or any of Amazon's selling policies?
No, the IPI procedure is not set forth in the Business Solutions Agreement (BSA) or any of Amazon's selling policies. However, Amazon takes the position it has the right to require sellers to participate in an IPI at any time.
What is the IPI?
The IPI is a video call interview conducted by a live Amazon representative. The interview typically lasts about 15 minutes and covers a variety of topics, including the seller's identity, business, and products. The Amazon representative will also ask the seller to provide documentation to verify their identity and business.
What information and documentation are called for in the interview?
The Amazon representative may ask the seller for the following information and documentation:
How Does Amazon Grade the IPI?
Amazon subjectively grades the IPI as pass or fail. To pass the IPI, the seller must be able to verify their identity and business, and they must answer the Amazon representative's questions accurately and honestly.
How to Prepare for an IPI
Here are some tips on how to prepare for the IPI:
Tips for Passing the IPI
What Happens If I Fail the IPI?
If you fail the IPI, Amazon may suspend or deactivate your seller account. You can appeal the decision, but you will need to provide additional information and documentation to verify your identity and business.
Recent arbitration awards in which our supervising attorney, Kenneth Eade, represented the sellers, have stricken the IPI as an extra-contractual, post contractual termination procedure, that is not provided for in the BSA or any of its incorporated policies. Amazon can also make mistakes, so if your account is suspended or deactivated for failing an IPI, call, chat or contact us right away for a free consultation.
The Amazon IPI is a video call interview that is used to verify the identity of the person who owns and operates the seller account. To prepare for the IPI, make sure you have all of the required information and documentation ready, practice answering common interview questions, and be prepared to discuss your business and products in detail. To pass the IPI, be honest and accurate in your answers, provide clear and concise information, be prepared to answer questions about your business and products in detail, and be respectful and professional to the Amazon representative.
California's Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that requires businesses to warn consumers about products that contain chemicals known to the state to cause cancer or reproductive harm. The law applies to all businesses that sell products in California, including third-party sellers on Amazon and Walmart.com.
How do third-party sellers run afoul of Proposition 65's provisions?
Third-party sellers can run afoul of Proposition 65's provisions in a number of ways, including:
How Attorneys File Proposition 65 Lawsuits on Behalf of "Private Attorney Generals"
Private attorney generals are individuals or organizations that file lawsuits on behalf of the public to enforce environmental laws. Under Proposition 65, private attorney generals can file lawsuits against businesses that violate the law. Typically, they will file suit against the third-party sales platform, such as Amazon or Walmart, whose contracts with sellers contain an indemnity clause, requiring you to reimburse their attorney's fees as well. These private attorney generals can be compensated for their efforts in collecting Proposition 65 fines, and their attorney's fees are also collected in the lawsuits.
What Defense Costs and Attorney Fees are Involved Fighting a Prop 65 Lawsuit?
The defense costs and attorney's fees involved in fighting a Proposition 65 lawsuit can be significant. In some cases, these costs can exceed the amount of any potential damages award. Attorney's fees upward of $25,000 to $50,000 or more are not unusual, and this does not include reimbursing the private attorney general's attorney's fees, which could be even more.
Why is it Better to Settle Proposition 65 Cases Early?
There are a number of reasons why it is better to settle Proposition 65 claims early, including:
How Can AMZ Sellers Attorney® Help Sellers Sued for Prop 65?
AMZ Sellers Attorney® can help sellers who find themselves sued for a violation of Proposition 65 by:
If you are a third-party seller on Amazon or Walmart and you have been sued for a violation of Proposition 65, it is important to contact an experienced attorney immediately. AMZ Sellers Attorney® can help you to protect your rights and interests.
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Life doesn’t always go as planned. If you’ve recently lost your business because of an addiction, you know this all too well. Addiction can creep into your life slowly, and before you know it, you’re facing personal, professional, and financial devastation. But there’s hope! In this article from AMZ Sellers Attorney, we’ll discuss how you can overcome financial difficulties, address addiction, and work towards a brighter future.
Understand What Went Wrong
Addiction can sneak up on anyone. While it’s important not to beat yourself up about what happened, you shouldn’t overlook what went wrong. Taking responsibility and acknowledging your part in the downfall of your business is a crucial step in bouncing back and rebuilding. Once you've accepted the role addiction played in your business's demise, it's time to dig deeper. What specific business decisions, actions, or behaviors were influenced by your addiction? Understanding this can prevent history from repeating itself and ensure your next venture has the best shot at success! You may want to seek guidance from a therapist or support group for help navigating this step.
Seek Help for Addiction
Recovery from addiction is much easier with professional assistance. Don't hesitate to reach out to addiction counselors, therapists, or local support groups. If you’re really struggling to kick your addiction, consider getting help at a rehab center. Worried about the cost? Research local resources for treatment and recovery that offer free services. Before choosing a center, review their credentials, certifications, services, and testimonials from past patients to ensure you’re getting the best quality care.
Create a Budget
With your addiction under control, it's time to get your financial house in order. Ramsey Solutions recommends that you start by creating a budget that reflects your current situation. Identify essential expenses, such as housing, food, and healthcare, and prioritize these. You should cut back on non-essential spending while you get back on your feet.
Get Started on a New Business
Jumping into your next business idea can help you move forward from this setback. Plan carefully to ensure your new business doesn’t put additional strain on your finances. For example, forming an LLC will offer a few tax advantages while protecting your personal assets. To form an LLC, take advantage of our LLC formation service, to organize your LLC in any state, at one low-cost fee.
Of course, recovering from the loss of your business means finding ways to replace lost income quickly. Look for part-time or freelance opportunities in your field of expertise. Leverage your skills and knowledge to provide consulting services or freelance work while you build your new business.
Make a Plan to Manage Debt
Dealing with accumulated debt from your business and your addiction can be overwhelming. Start chipping away at your debt in manageable chunks, starting with high-interest debts like credit cards. Don’t hesitate to contact your creditors to negotiate more manageable repayment terms if necessary. You can also explore options like debt consolidation to streamline your payments and reduce the financial burden. Be sure to talk to a financial professional if this is all new to you!
Prioritize Long Term Recovery
Recovery from addiction is a lifelong journey. To ensure your long-term success, it’s important to maintain a strong support system, regularly evaluate your progress, and make necessary adjustments to your spending. Verywell Mind explains that long-term recovery may also mean establishing healthy coping behaviors so you can avoid relapse when facing your triggers.
Don’t let addiction derail your dreams of entrepreneurship. By acknowledging the role addiction played in your setback, seeking professional help for your addiction, creating a budget, and exploring new income sources, you can regain financial stability and get the ball rolling on your next ecommerce project!
Has your Amazon sellers account been suspended or deactivated? Contact AMZ Sellers Attorney so we can reinstate your account and get you back in business! Fill out the contact form on our website or chat, call or email us now for a free consultation.
Amazon has announced that it has reopened enrollment for its Seller Fulfilled Prime (SFP) program as of October 1, 2023. The SFP program allows sellers to independently handle the fulfillment of their products while still offering one-day and two-day delivery speeds for Prime customers.
Amazon paused new seller enrollment for SFP in 2021 in order to make improvements to the program and ensure that it was meeting the expectations of both sellers and customers. Some of the changes that Amazon has made to SFP include:
Qualifications for Seller Fulfilled Prime
In order to enroll in SFP, sellers must meet the following qualifications:
Pros and Cons of Seller Fulfilled Prime
There are both pros and cons to enrolling in SFP. Here is a summary:
Whether or not to enroll in SFP is a decision that each seller must make based on their individual circumstances and business goals. Sellers should carefully consider the pros and cons before making a decision. Here are some additional things to keep in mind:
SFP is a powerful too, but If you are considering enrolling in SFP, we encourage you to do your research and talk to other SFP sellers to get their insights.
Customer serviceAll post-order contacts from Prime customers regarding Prime items will be directed to Amazon Customer Service. Amazon will provide, and have sole discretion in determining, all post-order customer service, including customer returns, refunds, and adjustments, related to Prime items. Amazon has sole discretion over whether to charge the costs of any returns, refunds or other adjustments and concessions related to Prime items to the seller's account. Sellers remain responsible for pre-order buyer inquiries and inquiries related to their products.
Minimum handling timesFor orders received before order cut-off, sellers must ship same-day, one-day, and two-day orders the same day that they are received (zero-day handling time). Handling time for standard shipping to Prime customers must be 1-day or same-day/0-day.
Minimum order cut-off timesSellers must configure order cut-off times to 2:00 p.m. or later local time Monday-Friday and 10:30 a.m. or later Saturday and Sundays.
Offer listingsSellers cannot create separate offers for the same ASIN and list one of them as a Seller Fulfilled Prime offer and the other as a Seller Fulfilled offer without Prime. Offers on the same ASIN that have the same attributes, conditions, and condition notes are considered identical offers.
Performance requirementsPerformance requirements are monitored and enforced weekly against the minimum performance thresholds. For offers and orders to Prime customers, Sellers must consistently meet the thresholds defined below for each requirement to retain their program eligibility.
If Amazon determines that a seller's actions or performance may result in harm to customer trust, violations of our terms or policies, or cause other risks to customers or Amazon, then we may, in our sole discretion, disable or remove applicable Prime item offers, Seller Fulfilled Prime eligibility, or selling privileges. If you get into any trouble, Amazon Sellers Attorney® will draft your appeal of removal of seller fulfilled prime privileges or appeal of account suspension. Just call, chat, email or submit your issue for a free consultation.
By Movieposter.com, Fair use, https://en.wikipedia.org/w/index.php?curid=52517236
Amazon has introduced a number of new badges that are designed to increase discoverability and allow for values-based buying. These badges are displayed prominently on product listings, search results pages, and other areas of the Amazon website.
The New Badges
One of the most notable new badges is the Climate Pledge Friendly badge. This badge is awarded to products that meet certain sustainability standards, such as being made with recycled materials or being certified by a third-party organization. The Climate Pledge Friendly badge is a great way for sellers to show potential customers that their products are sustainable and environmentally friendly.
Other new badges include:
How to Get Amazon Badges
The specific requirements for each badge vary, but there are some general things that sellers can do to increase their chances of earning badges:
Benefits of Amazon Badges
There are a number of benefits to earning Amazon badges. Badges can help sellers to:
How to Get the Most Out of Your Amazon Badges