Amazon And eBay Target Critics With Harsh Consequences

Critics hit with account suspensions, seized funds, stalking, terror campaigns, and legal action threats.

June 23, 2022 - Los Angeles, CA – Bad behavior without consequence is the new norm for U.S. e-commerce sites. It’s no longer about doing what is right; it's about using your resources to crush your critics when the truth is exposed. Both websites enable and facilitate an inexhaustible supply of counterfeit, fraudulent, and replica goods while hiding fraudulent activities behind illusory policies and ineffective website policing. Their actions (and inactions) expose them to a flood of criticism, accompanied by unhappy sellers and defrauded consumers.

Oh, but tread lightly ye who choose to criticize. You will be up against a manipulative 800-pound gorilla with unlimited resources and no mechanism for review. Criticism of eBay or Amazon through blogs, Twitter, or news feeds may result in permanent suspension of your Amazon or eBay account, seizure of inventory or revenue, or threat of legal action absent of any appeal process.

Just such an event occurred this week against eBay account holder Liz Morton, author of the popular "Value Added Resource" e-commerce news feed, Twitter and eBay blogs. She received the chilling notification below of the permanent suspension of her account, effectively shutting her off from 4,800 positive feedback followers rating her services as "helpful." Morton's eBay account was used for communicating with eBay users and has no purchases or sales. While eBay's action earned harsh responses from followers, no one at eBay contacted her or responded to her inquiries.

This is not a first for eBay.

• eBay's retaliatory practices have a long history. In November 2014, after a nine-month investigation and over 250 counterfeit product purchases from eBay sellers, The Counterfeit Report offered the results to eBay. Instead of adhering to their own standards, embracing the results and protecting the eBay community, eBay retaliated by blocking The Counterfeit Report’s corporate eBay accounts. eBay altered feedback, changed resolved case dispositions and removed counterfeit comments and warnings protecting consumers. The counterfeit sellers remained on eBay, and transaction fees continued. The facade offered to appease inquiring reporters quickly vaporized in just a week when (now) Sr. Director Global Trust, Gary Fullmer, and (now) VP Brand Relationships, Daniel Shapiro, backtracked on their commitment for reform to protect consumers. The Counterfeit Report received a less-than-minimal effort email with a web link to 'Report This Item' and most account issues remained unaddressed
• Years later, an arbitrator ruled in favor of The Counterfeit Report after eBay denied a $26 refund claim for an inarguably counterfeit item. eBay hired global law firm giants O'Melveny and Meyers and Winston and Strawn, with no less than four attorneys and a partner to defend eBay's practices and procedures. In response, eBay blocked The Counterfeit Report's test purchase accounts and, by extension, the protections afforded eBay consumers. However, eBay allowed the counterfeit sellers to remain. Complaints to eBay General Counsel, Marie Oh Huber, fell on deaf ears but not before soliciting O'Melveny & Meyer's written notification,
  

  “eBay has determined that [you] have repeatedly and flagrantly violated eBay's policies and engaged in abusive conduct including, among other things, bringing frivolous claims against eBay. Further, eBay has the right to terminate its services to [you] for any reason at eBay's discretion.” O'Melveny partner, David R. Eberhart, additionally wrote, "It is not appealable," and "eBay can and will contact the companies that have designated you as agent [...] and request they obtain another reporting agent."

  Undeterred, The Counterfeit Report continued to remove eBay listings for over 2 million counterfeit products at the direction of grateful brand owners without the benefit of counterfeit confirming test purchases.

• Six of seven eBay executives and employees landed in federal prison for their vicious cyberstalking and terror campaign against a Natick, MA couple they believed to be critical of eBay. The seventh awaits sentencing. The couple ran a popular online e-commerce newsletter and Twitter blog "eCommerceBytes", eCommerceBytes. eBay's plan included sending the severed head of a fetal pig, a funeral wreath, a pig's head mask, pornography, and a book about coping with the loss of a spouse. The couple is pursuing a civil complaint, including Devin Wenig, former CEO of eBay, and former SVP Steven Wymer.
• A quick Twitter search of "eBay suspended account" offers an enlightening view of unhappy eBay suspended account holders.

  

Amazon also engages in the same practices.

• Amazon's Senior General Counsel, Annasara Purcell, blocked email counterfeit complaint submissions from The Counterfeit Report claiming that the trademark-owner submissions with accompanying test purchases were "an unacceptable abuse of Amazon's infringement reporting system." Purcell directed the rejection of over 25,000 counterfeit complaints, allowing dangerous counterfeits to remain listed. Memorializing her actions, Purcell wrote,
  

  "Amazon will no longer accept any notices of infringement that you file. Any email that you send to any Amazon email address or submission channel will be automatically blocked by our systems. If you attempt to create or use alternative email addresses to attempt to circumvent this block, we will consider it an unauthorized usage of Amazon systems.” Purcell continued, "We will send those brands on behalf of whom you file notices a one-time notification informing them that we will no longer accept notices filed by you or the Counterfeit Report."

  The Counterfeit Report, along with 700,000 brand owners, continues to fight counterfeits on Amazon's websites. The Counterfeit Report removed listings for over 1 million counterfeit products despite Amazon's efforts to crush its commitment to protect consumers and alienate its grateful clients.

• Sellers fear Amazon reprisals and seized inventory if they report Amazon counterfeits or criticize Amazon's practices and lack of response. One Amazon seller had their listings frozen after reporting other listings with counterfeits of their products. It took weeks to have the issue resolved and their authentic products relisted.

If Amazon and eBay can't handle the truth, they must quit the business. To maintain consumer trust and support, they must cleanse dishonest practices and fraudulent sellers, and close counterfeit loopholes. Web platforms that facilitate criminal activity and benefit from the proceeds of dishonest actions which impact jobs, consumer safety and public trust create a public perception of deception and impunity.