With the incredible rise of social media, it’s now easier than ever to make defamatory statements online.
Negative feedback statements that attempt to divert transactions or buyers can be published in a disparaging blog post, Facebook status or YouTube video. You can take legal action if statements are published this way.
For individuals who sell genuine products that receive a false counterfeit complaint, there are two causes of action that may remedy the damages for you.
The first action is defamation. Defamation is a false statement published to a third party without privilege or authorization with fault amounting to at least negligence that has caused special harm.
Here, the false counterfeit complaint is, ‘This Amazon seller sells counterfeit goods’, when truly, they sell genuine products. The publication occurs when the complainant sends that notice to Amazon, alleging that you sold counterfeit products.
The complainants have the opportunity to inspect these products; to do a test purchase. Had they performed the test purchase, as they should have when they filed this complaint, it would have revealed that this individual sold a genuine product, not a counterfeit product. The complainant’s lack of performing a test purchase shows negligence on their part.
The harm is the damages that result when you file these counterfeit complaints. Often these complaints result in the suspension of an individual’s Amazon account. When that account is suspended, that suspends all income and there is no determination or confirmation that Amazon is even going to return the withheld funds that are in the account.
Individuals who suffer such damages, who have received a false counterfeit complaint, may have a case for defamation.