Winning Reinstatement of Suspended Accounts through Personal Responsibility
By: CJ Rosenbaum, Esq., Rosenbaum Famularo, P.C., AmazonSellersLawyer.com
When an Amazon seller cannot get their account reinstated through their Plans of Action, Appeals or Bezos Escalations, they can get their account back through arbitration.
Every suspended seller in the US gave up their right to immediately sue Amazon in exchange for the right to take Amazon to binding arbitration. Suspended sellers can take the decisions about their accounts out of Amazon’s hands and have their appeal heard by an arbitrator.
The arbitrations for suspended US accounts is through the American Arbitration Association. Arbitrations for suspended sellers are similar to trials. At an arbitration for a suspended seller, the suspended seller has an attorney and uses testimony. The testimony is usually provided by the suspended seller himself. When a larger amazon account is suspended, then the suspended account owner may use his or her staff to provide the needed testimony.
This article discusses how a lawyer for a suspended Amazon sellers with trial experience can use his or her trial skills to win reinstatement at the arbitration.
Suspended Sellers Use of Personal Responsibility to Obtain Reinstatement of the Accounts
Suspended Amazon Sellers should use the theory of Personal Responsibility to obtain reinstatement of their suspended accounts.
“Personal Responsibility” refers to the belief that we are each responsible for our own conduct. In the case of a suspended Amazon seller, each seller is responsible for maintaining their account. Each Amazon seller is responsible for delivering near perfect customer experiences. If you want to get your account back after being suspended, sellers must take responsibility for their conduct.
When a suspended seller is at an arbitration, his or her case will be more compelling to the arbitrator if they accept responsibility. “Personal Responsibility” has been a focus of attention in the US since President George Bush made it a point in every speech to discuss Tort Reform. Suspended Amazon sellers should use common perceptions to win their cases.
Use “Personal Responsibility” in Each Step of Your Suspended Seller Arbitration
The first step in any arbitration for a suspended Amazon seller is to draft a document called a Demand for Arbitration. The suspended Amazon seller spells out his or her case for reinstatement in this document. The suspended Amazon seller’s Demand for Arbitration must state why the Arbitrator should override Amazon’s decision and reinstate your sellers’ account.
In the Demand for Arbitration, the seller should take responsibility for his or her great performance and for whatever happened that caused the suspension. For example, if the customer complained about Inauthentic or Used Sold as New, the suspended seller should take responsibility for why the customer thought that the product was not genuine or used.
At AmazonSellersLawyer, we do not believe that suspended sellers should admit to making mistakes they did not make, but you can still take responsibility for the issue. For example, a suspended Amazon seller could accept responsibility for the customer’s complaint by identifying ways that the business can be improved. A suspended Amazon seller could improve the business by assigning a person to make sure that the packaging is up to date with products sold in brick and mortar stores. A suspended seller could take responsibility for the issue by altering packaging to protect the protect better from the USPS awful handling during shipping.
Affirmatively accepting personal responsibility performs at least two functions:
- It complies with Amazon’s Leadership Principals…which will help show the suspension arbitrator that you follow the boss’ rules, and;
- It will help persuade the arbitrator to reinstate your suspended account even though Amazon turned down your appeals.
Suspended Sellers should Prepare to Testify about Personal Responsibility at their Arbitration
In advance of your suspended seller arbitration, suspended sellers should prepare to testify with a focus on accepting responsibility for their accounts.
As a former trial lawyer, I learned and taught other lawyers about the importance of preparation. If you are seeking reinstatement of your sellers’ account through arbitration, you need to be prepared.
When you are preparing to testify at your suspended seller arbitration, you should have a list of issues for which you will accept responsibility. You should be able to effortlessly testify about what you did to make sure that Amazon’s customers received exactly what they ordered. You should be able to describe how you have already made changes to your business to make your sellers’ account run better. That it was your efforts, not Amazon’s, that earned high metrics.
When we prepare a client to testify, we use bullet points to guide the discussion. We point out that the suspended seller should never blame anyone. Americans, including the arbitrators, are not persuaded by finger pointing. As a tool to show compliance with Amazon’s Terms of Service and a tool to persuade the arbitrator, be prepared to take responsibility for your business.
If you find yourself blaming Amazon for your suspended account, rephrase everything that you say. Change your perspective. You are an entrepreneur responsible for your own destiny. Be that person …..get your sellers account reinstated.
Suspended Sellers should Testify about Personal Responsibility at their Arbitration
When you are well prepared for your suspended sellers’ arbitration, the testimony will come naturally. You will automatically describe your conduct in a way that accepts responsibility.
Your testimony should focus on your great efforts to make the business near perfect. Your testimony at your suspended account arbitration will show you to be honest and credible. When you accept personal responsibility for your suspended account, the arbitrator should be convinced that it would be wrong to refuse reinstatement.
If you testify at your suspended account arbitration about what you have done to make the customer experience exactly what Amazon requires, you may win the battle for reinstatement before Amazon’s lawyers say a single word.
Accepting personal responsibility is persuasive.
Just like your Plans of Action, appeals and Bezos Escalations were efforts in persuasion, so is every step of the way in a suspended seller’s arbitration. Use this tool of persuasion to obtain the reinstatement of your suspended Amazon account.