Legal action against customer fraud, what is allowed by AMZ ?
Hello,
EXPLANATION :
The order 701-6219636-8257858 was delayed by the Canada Post strike in December 2024 and the products are worth nearly 700$.
Customer reached out in December to be refunded, since his order was delayed. We initiated the refund, stating however that customer must refuse delivery if the carrier shows up despite our RTS request.
Carrier ended up not listening to the RTS request and customer still signed and received cameras, then stopped answering messages on Amazon and he blocked communications when we offered him to A) return cameras (prepaid return label) or B) keep the products by reversing the transaction.
We called the customer today. When the agent asked if she was talking with ''insert his name'', he said ''it depends''.
Then, when we shared our company name on Amazon he replied ''no no, im good'' and hung up. Another rude scammer.
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This being said, what can be done SAFELY from my AMZ account perpective regarding theft ?
1) I know that Amazon will not force the customer to return the products to us but would a formal legal notice sent by Amazon messages put our account at risk of deactivation? The customer is legally obligated to take reasonable steps to return items he's requested a refund for (and received) but Amazon has it own set of rules always in favor of the customers.
2) Can we have problems with Amazon even if we send a legal notice to the customer OUTSIDE of Amazon messages (example legal letter to this residence or phone call) ? In this case, we would not be using Amazon platform to enter in communication with the customer but we would still proceed with a formal legal notice.
I am trying to figure out the right thing to do given that fraud is clearly unacceptable but Amazon is always siding with the customer, so I am uncertain of the potential consequence on my business.
If any moderator could help, also.
Thank you
21 replies
Seller_1idNlTUpfKbZW
Option 1: Bug Amazon until they reimburse you.
Option 2: Send to collections.
Option 3: Small claims court.
Seller_7D8YgWLgae5K7
yes, i used the firm "BergsteinISF" they recovered close to $5000 after a customer ripped me of for a generator. they sent it collections, when he ignored them then credit karma alerted the bad buyer he complained then he decided to pay before we go to Police.
Seller_caallP7mKW3KW
its Morden day shoplifting
Same issue i am facing
Order 702-7114182-4073863
702-5441653-8653022
Seller_zuoGHPdvt2zY1
If you decide to pursue legal action outside of Amazon then as long as you don't name Amazon in the suit they don't have any say in the matter. Buyer could contact Amazon about it but if they aren't named in it then they aren't going to get involved. For the same reason, no moderator is going to weigh in on this because as soon as you mention Legal Action they clam up.
Steps to take:
- registered letter letting the buyer know you expect payment or product returned withing X amount of days or else you will file a claim in small claims court
- if no resolution, do up the small claims court paperwork but don't file it. Send paperwork to buyer via registered mail (any courier that you can get a signature with) and let them know if no payment/product in X days then you will file this and sort it out in court. You can add damages (time, mental stress, etc.) to the claim as well to increase the damages. Whether it holds in court is one thing but it's usually enough to rattle the offender's cage a little.
- if no resolution, welcome to Small Claims Court - pay the $50 and proceed to file. Odds are REALLY good that after the first 2 steps you don't get to this stage.
Others may jump in with tips but that's the basics.
Seller_srmyWsf5s92lv
File a police report for theft under 5000.00 and fraud under 5000.00, This year the fraud has been incredible example in one month amazon granted $40000.00 in refunds almost and most of them went to same buyers. Most of them show as being returned passed 45 days and when contacting amazon they say there is no return authorized by them just refunded. So file a police report and you will see how fast these tic tok video watchers will change there attitude
Jurgen_Amazon
Hello @Seller_xJx7vH6fvZFD9,
As a fellow seller, I understand your concern about this situation. For matters involving potential fraud and account security, the best course of action is to:
- Contact Seller Support directly through your Seller Central account
- Document everything carefully
- Follow Amazon's official guidelines for seller protection
It wouldn't be appropriate to discuss specific actions or legal strategies in a public forum. Each case is unique and requires individual review by Amazon's relevant teams.
Have you opened a case with Seller Support about this? If so, please share the case ID so we can investigate further.
Jurgen
Seller_LTv2zrpA8Qcn1
Hi, good luck with your pursuit. I know I would be peeving.
A few things to consider:
1) You say you refunded "stating however that customer must refuse delivery...."
The most crucial (legal) question here is: -- Did the customer agree to this stipulation, or did you just state it in an email?
2) You shouldn't have to, but why not involve yur carrier in some initial way; since they know for sure it was delivered, etc. If you can get them involved, maybe their presense/role would be enough to 'scare' the customer into returning the merchandise?
Good luck though, and keep us posted.
