Amazon’s New TOS Explained: THIRD Huge Loophole Amazon Retained to Avoid Giving Sellers Pre-Suspension Notice
Paragraph 3 of the new TOS Terms of Service (called the Business Solutions Agreement or BSA and/or the Participation Agreement) promises that Amazon Sellers will receive 30 days notice before an Amazon account suspension or an Amazon listing suspension but Amazon also created three huge loopholes for itself where Amazon will not provide 30 days pre suspension notice to Sellers.
In the second section of paragraph 3 of the new Amazon TOS, Terms of Service, Amazon retained a huge loophole where it will not provide advance notice to Sellers.
Here, if Amazon claims that you have been using your account for “deceptive, fraudulent. or illegal activity,” Amazon will suspend your Sellers’ accounts or your Amazon listing or Amazon Listings without 30 days notice. This will then require a Plan of Action.
Amazon does not clearly define what it means by “deceptive, fraudulent or illegal” activity.
This failure to identify what “deceptive, fraudulent, or illegal activity” refers to leaves the door wide open for Amazon to suspend without notice and also leaves the door wide open for creative arguments in Plans of Action and Amazon Appeals if a seller is suspended.
For example, if a Seller is accused of infringing on someone’s or a company’s intellectual property rights, that is arguably an illegal activity. Amazon may suspend the Seller immediately.
On the other hand, in a POA, if there is no violation of any criminal law, then the Seller did not, arguably, engage in any illegal activity.
“Fraud” is a legal term. If an Amazon Seller is accused of engaging in fraud, that is, by definition, not just Amazon just saying you violated the TOS. The word “fraud” has legal significance. We can use the legal definition in plans of action to help get Sellers reinstated.
Amazon’s failure to identify who determines whether an activity is fraudulent, or deceptive, or illegal is also both good and bad for Sellers. It is bad because Amazon will suspend people and companies without any significant determination. Amazon’s failure to be clear is good for Sellers because it leaves open many arguments to be made in POAs and Amazon Appeals.
If you’ve been suspended on Amazon, contact us for a free consultation: 1-877-9-SELLER.
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