US sellers: Write to your Senators and urge them to oppose S. 2992, the American Innovation and Choice Online Act


#1

As we have noted in previous communications to you throughout the past year, Congress is considering legislation, including S. 2992, the American Innovation and Choice Online Act, that could jeopardize Amazon’s ability to operate a marketplace service and, as a result, your business’s ability to sell in our store. Recent public comments from Senate leadership indicate that they intend to vote on S. 2992 later this month. I want to ensure that you are aware of this legislation and what you can do to try and stop it from harming you.

We recently published a blog post that details our objections to the bill and why we believe it will harm your business, American consumers, and Amazon. As noted in the post, we consistently hear from our selling partners that what they find most valuable in working with us is the broad distribution and traffic from hundreds of millions of consumers they get by listing their products in our store - the very benefits you stand to lose with this proposed legislation.

I encourage you to read the blog post in its entirety to fully understand our position and why Amazon opposes this legislation. Together, small businesses and Amazon have created one of the greatest partnership stories in the history of retail, and we want to be able to continue this amazing partnership for many years to come.

I hope you will join us by encouraging your Senators to oppose S. 2992. Please click here to send emails directly to your Senators. It will take less than two minutes of your time.

Thank you,

Dharmesh M. Mehta

Vice President, WW Selling Partner Services (SPS)


Email from AZ to oppose S. 2992 Legislation (American Innovation and Choice Online Act)
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Email from AZ to oppose S. 2992 Legislation (American Innovation and Choice Online Act)
#2

I thought that was already done with the Account Health Support process, as designed in 2018/19? Wow, that was a success! :joy:


#5

"This bill prohibits certain large online platforms from engaging in specified acts, including giving preference to their own products on the platform, unfairly limiting the availability on the platform of competing products from another business, or discriminating in the application or enforcement of the platform’s terms of service among similarly situated users.

Further, a platform may not materially restrict or impede the capacity of a competing business user to access or interoperate with the same platform, operating system, or hardware or software features. The bill also restricts the platform’s use of nonpublic data obtained from or generated on the platform and prohibits the platform from restricting access to platform data generated by the activity of a competing business user. The bill also provides additional restrictions related to installing or uninstalling software, search or ranking functionality, and retaliation for contact with law enforcement regarding actual or potential violations of law.

The bill establishes affirmative defenses for the prohibited conduct.

The Federal Trade Commission and the Department of Justice must designate whether an entity is a platform covered by the bill, and both must carry out enforcement activities.

The bill also provides for civil penalties, injunctions, and the forfeit of profits for repeat offenders."

Yes, I’m going to oppose that Amazon will be prohibited from undercutting, manipulating the buybox, and instituting restrictions on certain listings that unfairly bar me from selling an item. Yup, writing to my Senator right now.


#6

I have read through this bill. Not seeing how it jeopardize my ability to sell. Everything I read in the bill is pro seller.

Here is what I see in the bill for violations under the bill, and not anything about sellers not being able to sell any longer…

  • “Unfairly” preferencing a platform operator’s products, services, or lines of business
  • “Unfairly” limiting another’s products to compete against the platform’s operator and discrimination in the enforcement of these regulations.
  • Discrimination in the application of enforcement of the covered platform’s terms of service among similarly situated business users in a matter that may harm competition on the platform
  • Restricting the capacity of business owners to operate with different platforms’ operating systems, hardware, or software features that are available to the platform operator’s products
  • Condition access to the covered platform or preferred status or placement on the platform on the purchase or use of other products offered by the covered platform operator that is not unique to the covered platform itself
  • Use of non-public data that are obtained from or generated on the covered platform by the activities of a business user or by the interaction of a covered platform user with the products of a business user to offer or support the offering of the covered platform’s own products
  • Restriction or impediment of covered platform users from uninstalling software applications that have been preinstalled on the platform or changing default settings on the platform that steered users towards products offered by the covered platform
  • Retaliation against users who report concerns

Maybe Amazon can clarify by citing and post the specific proposed legislation contained in the bill that will prevent us from selling on the platform here?


#7

The bill jeopardizes the way Amazon wants to operate. It would not jeopardize marketplaces.

Amazon, get your own house in order before asking us as sellers to defend you.

Does dharmesh even know the forums exist?


#8

I Won’t be defending Amazon since they lose my inventory and do not reimburse timely or fairly. They have gone to far with the new reimbursement policy which is “find a way not to reimburse at whatever the cost”.

Even if they can get away with it clean. :frowning:


#9

Where you out in the sun too long and forgot to wear a hat.

Amazon did not do that for my company when amazon banned and removed my top selling products that are 100% legal for sale in ALL of the United States of America.


#10

Thanks for the reminder! I’ve asked my senators to support the bill.


#11

:astonished::rofl::joy::joy::rofl::grin:


#12

They are basically threatening that they’ll close 3pl if it passes. ROFL.


#13

Never happen.

If it was not for 3P sellers on this platform amazon would not exist as they do now.
@The_Sawle_Mill


#14

I believe what they are inferring as a threat is:

I would think they would consider, if they cannot unfairly promote their own products over those of 3P, that they would just close 3P access to certain products and sell them solely and directly. I could see them splitting Amazon out between Amazon Retail and Amazon Marketplace, basically creating a new brand of eBay, just for 3P sellers.

This of course would create a tremendous cost to implement and Amazon is all about cutting costs.

In addition:

This would force Amazon to correct it’s systems for detecting “Potential high/low pricing errors” as most of us have experience being told our price is too high even though there are other sellers selling at even higher prices. Basically putting a federal violation on Amazon’s lack of fully-functioning AI. I think Amazon’s systems are so large at this point, piecemeal and bandaged, that it would create a massive undertaking ($$$) to try and fix, or just completely we-write at this point, those systems in order to comply with this part of the law.

In addition,

would require Amazon to start taking a more active hand in enforcement against certain other countries’ sellers who have shown quite the knack for side-stepping Amazon protections and taking over listings from other sellers.


#15

It is currently being done passively.
Look at the price delta on items sold by amazon and 3P sellers it becomes very clear what is being done.

Item cost $1.00
Fees: $1.00
3P net profit $1.00

Amazon selling price = $1.00 with free shipping
Third party seller price= $3.00

Well over 80% of the buyers go for the lowest price, good example of covert manipulation.


#16

Any informed seller is going to support massive action taken against Amazon in the anti-trust arena.

I am personally sick of the condescending posts by Amazon management directed at us. We are not morons and know how to read and think for ourselves.

This problem is so bad that elected officials of all political persuasion support major action being taken.

You reap what you sow.


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#17

Highly doubt that is the issue behind what is going on. They are going to need to fill the campaign CASH jar or take a big beating in 2024. Only way to do this is strong-arm others with deep pockets into making large “political contributions”.

This stuff has been going on for many years, so why are they finally trying to drop the hammer on amazon?


#18

Because Amazon has way too much unchecked power in e-commerce.

Retail operations are a money loser. The country cannot have 1 company who loses money control and dominate retail operations.

Plus Amazon treats their workers poorly and that angers a certain segment of the political spectrum.


#19

Agree, you forgot the online search / ad company.


#20

Highly doubt that.

Federal and State laws protect the workers if the employer gets out of line.

Pretty sure its the typical percentage of disgruntled employees making the comments because they might have to actually do some work if they want a pay check…


#21

Oh no, you mean the senate is going to break up the Amazon monopoly? And I’m going to be able to sell on my own website again? Like back in the days before Amazon ate the online world? How horrible.


#22

download