Covid-19 was ground breaking in many categories on Amazon, and as a result some Amazon sellers found their accounts shut down (Amazon Accounts Suspended for violating the Fair Pricing Policy) with this vague notice:
“We have suspended your selling privileges for violation of Amazon Marketplace Fair Pricing Policy and Seller Code of Conduct.”
This did not come with a warning – not even a clue about what triggered the account suspensions, leaving honest, hard working sellers scrambling to figure out what went wrong.
The Fair Pricing Policy is usually invoked by Amazon.com to restrict single listings when, for instance, a multi-pack is priced higher per unit than individual units. Although there are a lot of other ways to violate the Fair Pricing Policy, generally they don’t usually result in account suspensions…and what does that policy have to do with Covid-19? A lesser-known part of the Fair Pricing Policy prohibits:
“Setting a price on a product that is significantly higher than recent prices on or off Amazon.”
The facts are that any natural disaster can get you in trouble: If you sell anything considered an “emergency supply” that might be in high demand during a storm or other crisis, you may get caught in the Fair Pricing Policy trap.
“Emergencies supplies” can be many things, including batteries, bottled water, first aid kits, duct tape, generators, lanterns, or even toilet paper and shelf-stable food. Just like in brick-and-mortar stores, on Amazon, these products can experience sudden price spikes as customers and businesses seek to quickly increase their stock in anticipation of the shortages.
For sellers who use automatic repricers – if they don’t set reasonable maximum prices, they can unintentionally end up following the rising prices on these listings. If sellers did not set a maximum price within their repricer, there was no upper limit to how high the price could go. Without knowing it, these sellers were price-gouging Covid-19 victims.
Many of the states within the United States have laws making it illegal for anyone to engage in price-gouging. Knowing that consumers mostly turn to online marketplaces for everything, law enforcement in these states now monitor Amazon for violations of their laws, leading to Amazon Suspension for Fair Pricing Policy. Under these laws, it makes little difference if the price-gouging was intentional or the result of an honest mistake.
The Fair Pricing Policy is a trap for unwary sellers as we have seen many Amazon Suspension for Fair Pricing Policy – especially high-volume sellers who must automate repricing. All sellers who have anything that might be construed as an “emergency supply” should abide by these Best Practices:
Be attentive to natural disasters or weather events occur or are predicted’
Periodically monitor inventory of emergency supplies;
Pay close attention to fair pricing and potential fulfillment and/or delivery problems such as carrier delays;
Respond quickly to all customer questions or complaints;
If you use a automatic repricer, activate “maximum price” in their repricer program;
Do not allow prices to exceed 10% of MSRP.
Reply promptly, accurately, and thoroughly to all Policy Notices and Warnings from Amazon.
This may be your only chance to avoid account suspension.
If you’re not sure what to say, get professional help.
We have been successful in helping restore the selling privileges for many Amazon sellers without much delay. If your selling privileges are at stake, you should have a professional write your Amazon appeal and plan of action.
If you are having an issue w/ Amazon, contact us for a free consultation.
At LA Law Group, we provide services to business and individuals who have causes of actions both against domestic and international defendants.
Where the defendant is out of the United States, service can be a challenge and we advise our clients early on in the case to take this into consideratin.
We recently were retained to assist a client in a claim against a Defendant in China.
Service in China
Both China and the United States are parties to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (the “Hague Convention”). The Hague Convention applies to any commercial case when service must be made in China and when the address of the person or corporation to be served is known. It requires that service be made via the Chinese Ministry of Justice, which is China’s central authority under the Hague Convention (China has also objected to any service outside of its Ministry of Justice).
In order to serve process, you need to translate all of the documents into simplified written Chinese, wire $95 to the Ministry of Justice, fill in form USM-94 (a form with simplified Chinese is available here), and send it all to the Ministry of Justice. Make sure that everything is absolutely accurate (particularly the address) or the Chinese authorities may reject your request. Then you must wait, with the Ministry of Justice saying that service may take 4-6 months, and some litigants looking at two years before the Ministry even returns proof of service.
While this can be a very long and frustrating process, the Hague Convention does allow for interim relief in cases of urgency, such as temporary restraining orders and preliminary injunctions. And, if the Chinese authorities have not served process within six months, a court can authorize alternative service under Rule 4(f)(3), which allows for service by any means not prohibited by international agreement so long as the service comports with due process.
Other Methods
If you cannot find any address for the Chinese entity or if there is a U.S. subsidiary or U.S. counsel already involved on their behalf so that the documents may not need to be transmitted abroad, then you may be able to avoid going through the Hague Convention process and request that the court authorize that the initial service take place under Rule 4(f)(3). The appropriate service under Rule 4(f)(3) will depend upon the situation, but may be by e-mail, fax, online message (via Amazon, eBay, or some other platform) or even online publication in a place frequented by the defendant.
Parties suing Chinese entities would be well advised to consider service issues early on in the case, since they can result in a long delay before service is made. Nonetheless, starting early and following up with the courts in the United States if service is unacceptably slow, parties can bring Chinese entities before the U.S. courts to seek justice.
If you are involved in an automobile accident and are injured, you have likely faced the challenges on finding the best personal injury attorney to help you through the process. We understand hat between radio, television, billboards, internet ads, and mail solicitation, it can truly be too much.
As a small PI firm, we spend our time centered on our clients, not on advertising. We are focused on ensuring that we receive outstanding results on each and every car, motorcycle, or pedestrian accident which we represent an inured plaintiff, and receiving referrals from satisfied clients who know the way would not receive the similar results or attention with another firm.
If you are tired of calling and speaking with Secretaries, operations, or paralegals, and want to speak directly with an experienced personal injury attorney, contact us for a free consultation. At LA Law Group, APLC we serve clients in Chatsworth, Canoga Park, Northridge, including CSUN students, Porter Ranch, Woodland Hills, West Hills, Tarzana, Encino, Sherman Oaks, and throughout Southern California.
Contact us at 866.62-LALAW or via email at info@bizlawpro.com
Amazon sellers who receive a temporary restraining order by a U.S. Court may be entitled to make that brand, or their legal counsel, pay you money damages.
A temporary retraining order (TRO) can result in your #Amazonseller account to be frozen. If you received this type of order against you or your company and were victimized, contact us for a free consultation.
Frequently #brandprotection lawyers representing the brands will rush into #court in what’s known as a ex parte hearing, which means that they meet the Judge in secret and in an effort to pursuance the judge to issue an order to freeze your Amazon account, your disbursement and money held by Amazon, and your inventory stored at Amazon.
Sellers have a host of defenses in these matters and a skilled #attorney who is familiar with Amazon and intellectual property can often make a compelling argument that the order should not be issued, and that the #brand or #lawyer should be responsible for damages they have caused you.
We always tell clients that these matters need to be addressed on a case by case basis, and there is no “one size fits all” answer for all #amazonsellers. If you are facing this type of issue- we strongly recommend a complimentary consult with one of the attorneys at LA LAW GROUP. We have the most Amazon knowledgeable team anywhere and are dedicated to helping Amazon sellers globally.
When one of our clients brought to our attention a recent issue that they were having with PayPal, even we were in disbelief. Nonetheless, we have found that our client is not alone, and there are hundreds, if not thousands of merchants who have had their funds withheld by PayPal.
Although no two cases are exactly alike, the facts of each case will be unique, and therefor the outcome of each case will vary based on the circumstances in support of both te Merchant and PayPal itself. With this in mind, we still however believe that most merchants who have done nothing wrong or illegal, and that their actions do not violate this policy, have recourse against PayPal, and that PayPal is not entitled to convert to its own use, regardless of the account balance.
As experienced E-commerce sellers with nearly 20 years experience on Paypal, LA Law Group is unique in that we combine the practicality with our legal knowledge and expertise to forge unique and creative solutions and attain optimal results for our clients.
If you need help with an issue you are experiencing with PayPal, contact us for a free consultation.
Whether you or a loved one are involved in a accident, it is difficult to ascertain who to trust. There are many personal injury attorneys who flood the media including television, radio, and billboards with advertisement and treat you as a number throughout the process.
We believe in a client-centered approach, where we are focussed in ensuring a hassle-free experience for our clients while working diligently to achieve the best outcome.
We are proud to be recognized as the Top 20 Car Accident Attorney in Simi Valley and look forward to serving clients in Simi Valley and surrounding areas including Chatsworth, Northridge, Granada Hills, North Hills, Calabasas, Woodland Hills, Canoga Park, Encino, Tarzana, and Sherman Oaks.
Why Us?
Expertise has a goal to connect people with the best local experts. They scored Simi Valley Car Accident Lawyers on more than 25 variables across five categories, and analyzed the results to give you a hand-picked list of the best.
Availability Consistently approachable and responsive, so customers never feel ignored.
Qualifications: Building customer confidence with licensing, accreditations, and awards.
Reputation: A history of delighted customers and outstanding service.
Experience: Masters of their craft, based on years of practical experience and education.
Professionalism: Providing service with honesty, reliability, and respect.
We are proud to have scored highly in all the categories by the Expertise network as being one of the Top Car Accident Attorney’s.
You can read more about this recognition directly: https://www.expertise.com/ca/simi-valley/car-accident-lawyers
