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Can I sue Amazon?

Posted by L. Ford Banister, II | Apr 30, 2024 | 0 Comments

A question we often get from Amazon Sellers is, “Can I sue Amazon”?

Yes, you can sue Amazon. However, more than likely, you're going to have to go through arbitration rather than actual litigation. 

Taking legal action against Amazon is a serious step that requires careful consideration. Don't hesitate to contact an experienced Amazon Attorney today.

Can I sue Amazon

The Amazon Arbitration Process 

After deciding to pursue arbitration against Amazon, what can you expect next? 

  1. We will first notify Amazon of your intent to arbitrate. 
  2. Next, we file the arbitration with the American Arbitration Association. 
  3. An arbitrator will be appointed.
  4. We will exchange information, documents, and discovery. 
  5. We'll proceed to an arbitration hearing. 

What you need to know about an arbitration hearing.

During an arbitration hearing there is no jury – only an arbitrator. Both sides are allowed to call upon witnesses. After every witness has finished speaking, closing arguments will be presented. Then, the hearing is concluded. After the hearing is concluded, the arbitrator will enter an award for either side in a relatively short period of time – usually 30 days.

Is arbitration better than litigation? 

As an Amazon Seller, when you filled out your application to become a third-party seller on Amazon, you had to agree to all of the terms in the business solutions agreement. One of the terms in that agreement limits the legal actions you can take to only arbitration – so even though you can pursue legal action against Amazon via arbitration, you cannot pursue formal litigation. 

For Amazon Sellers, arbitration can be an advantage.  

Arbitration is faster and significantly more cost-effective than litigation, meaning you can go through the legal process and get to the end of the process faster and cheaper than a traditional lawsuit.

Why would an Amazon Seller sue Amazon?

Wanting to sue Amazon and legally being able to sue Amazon are two different things. Here are reasons why an Amazon seller would want to sue Amazon that can actually result in an arbitration case:

  • Undeposited funds that are being withheld from you 
  • A lost or damaged inventory claim denial from Amazon 
  • Intellectual property protection, including infringement cases

Sellers can often feel like Amazon is pushing their third-party store away and feel strongly toward wanting to seek legal action against this giant. If you feel Amazon wronged you, and you have a case against them, we invite you to contact our legal team today. 

Contact Attorney Ford Banister for help with your Amazon Arbitration case.  You can reach our legal team at 212-500-3268.

About the Author

L. Ford Banister, II

Principal Attorney at Ford Banister, LLC

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