Appeal

Should I hire an ex-Amazon employee to write appeals?

June 18, 2020 Leave a Comment

Amazonians can provide excellent insights – if they are real and relevant

By: Lesley Hensell

Writing Amazon appeals requires a special set of skills. Persuasive, clear prose helps. Responsiveness and attentiveness to the client are a plus. But more important than anything else is a true understanding how Amazon works for and with third-party sellers. Who embodies this last set of skills? The best candidates are ex-Amazon employees and long-term Amazon sellers.

When we launched Riverbend Consulting, our team included two Amazon sellers and one ex-Amazonian. Since that time, we’ve dramatically grown our ex-Amazon staff. Today, we have eleven Amazonians who fill consultant and analyst positions.

Fake Amazonians everywhere

Unfortunately, we’ve noticed an ugly trend in our industry. Many consulting firms are claiming to have ex-Amazon employees on staff – when they have only one or none at all. If you want an edge with your account or ASIN appeal, you’re better off with a firm that has real Amazon knowledge in-house.

Here are some strategies to be sure you’re getting the expertise that you have paid for:

Check the web site. Companies that have real Amazonians on staff advertise it on their team page. Ex-Amazon employees are a valuable asset, so their bios will be included as well.
Ask questions. If a firm claims to have ex-Amazon employees, ask for names and details. Confirm they actually work at the company full-time and aren’t simply a name used to draw in business.
Determine their departments. For straight-up appeal writing, a team that includes Seller Performance and Seller Support experience is your best bet. Those with knowledge in other areas could be helpful for long-term account management and performance.
Find out how long they’ve been gone. Processes and people change continually at Amazon. This makes more recent experience critical. While knowing the “Amazon way” of thinking and working is incredibly valuable, at least a few employees should be more recent Amazon team members to ensure fresh, relevant knowledge.

What can ex-amazon employees do for you?

At Riverbend, our ex-Amazonians hail from a wide range of departments: Seller Performance, Seller Support, Account Health Services and AWS.

Should I hire an ex-amazon employee to write appeals? Our Seller Support pros know strategies for ungating issues, catalog folks don’t. Our Seller Performance team members understand nuances of the appeal process unlike anyone else. Likewise, our Account Health Services employees provide great feedback on how sellers can extract information about their accounts.

Amazon can be quite siloed. Employing experts who have worked in many of these silos gives us access to a broader range of information and strategies to help our sellers solve their ongoing challenges with Amazon. Best of all, we are well-equipped to provide prophylactic strategies that head off problems before they occur.

When a client has a question that one of our team members cannot answer, it goes into the company chat. Chances are, one of our ex-Amazonians knows the right information – or how we can get it.

What’s more, not every employee can be an ex-Amazonian. But we have enough Amazon knowledge in-house that our non-Amazon staff receives extensive training and mentoring from those who spent time at Amazon. It makes for a great mix of consulting know-how, people skills and domain expertise. So, should you hire an ex-amazon employee to write appeals? We think so!

Have questions for our team? Let’s talk 877-289-1017 or visit our website.

Lesley is co-founder and co-owner of Riverbend Consulting, where she oversees the firm’s client services team. She leverages two decades as a small business consultant to advise clients on profitability and operational performance. Lesley has been an Amazon seller for almost a decade.

The many kinds of intellectual property violations on Amazon

May 18, 2020 Leave a Comment

Intellectual property violations on Amazon run the gamut, but all put your seller account at risk

By: Kayla Forrest

Intellectual property rights are taken seriously. Why? Because intellectual property violations on Amazon can turn into a legal issue.

When it comes to Intellectual Property (IP), Amazon protects itself. And to protect itself, Amazon gives the benefit of the doubt to the alleged Rights Owner. If a Rights Owner (RO) made a complaint that their IP was violated, and Amazon did not act, Amazon would be legally liable.

Unfortunately, this creates terrible headaches for Amazon sellers who are often incorrectly warned – and even suspended – over trademark, copyright, patent and counterfeit claims.

Standard IP complaints on Amazon

Trademark is one of the most commonly filed IP complaints. A trademark is a legally registered symbol or word(s) that is used for representing a product or company. If an RO has a registered and active trademark, and is being shown on someone else’s detail page or product, enforcement can occur.

This can also happen with a Common Law Trademark (unregistered trademark). Amazon will warn sellers for Common Law Trademarks when the trademark can be verified. This means the trademark must be known in the region it is being reported, and it must be associated with the RO.

Copyright infringement means that the RO’s work is being used without permission. This applies to a picture, book, film, song and many other forms of media. On Amazon, this complaint is more likely to occur with images. If an RO can show that there is a violation by providing information about the work or the copyright registration number, the seller will be warned. Technically speaking, the media does not need to be registered at all.

There are two types of patents that can be reported to Amazon. These are design patent and utility patent. To put it simply, a design patent is for the visual qualities of a product. A utility patent will protect the functionality of a product. A valid, registered and active patent must match a supposedly infringing product. Dealing with a patent infringement issue can be very difficult. It may be best to seek legal advice if the situation occurs.

The most common IP complaint: counterfeit

The most common infringement type that a seller may face is for counterfeit product claims. For an RO to report a counterfeit claim, they must have a registered and active trademark. The trademark must be seen on the product, and the RO must be claiming the products are fake or counterfeit. Frequently, an RO will declare exclusive distribution when supporting their counterfeit claim. Amazon clearly states that they will not support an exclusive distribution claim. Therefore, it would be useful for sellers to look out for exclusive distribution when attempting to contact an RO.

What to do when IP complaints are filed

In conclusion, all of these intellectual property claims can cause headaches for sellers. But with the right knowledge, you can gain reinstatement for your account or ASIN. Even though Amazon is looking to protect itself and the RO, all sellers deserve a chance to appeal infringement warnings. Proper advice can help the seller move past the issue and prevent future enforcements.

Most importantly, don’t ignore IP complaints. Address them head-on. If Amazon thinks you are not serious about these and other warnings, you are at much higher risk of losing your selling privileges — maybe permanently.

Need to talk about intellectual property violations on Amazon issue in your account? Give us a call 877-289-1017 or visit our website.

Kayla Forrest focuses on appeals for Amazon account and ASIN reinstatements. Kayla has 4 years of Amazon experience where she worked in Seller Support and as an Investigation Specialist. In those roles, Kayla dealt with escalations and focused on FBA, intellectual property rights, as well as brand and product gating.

Amazon taking up to 30 days to review price gouging appeals

May 8, 2020 Leave a Comment

Both preemptive and suspension appeals are lagging for weeks

By: Lesley Hensell

Price gouging appeals to Amazon are lagging. Therefore, Amazon sellers under fire for price gouging could be waiting up to a month for a response from Seller Performance.

This shocking development comes after Amazon suspended or threatened to suspend thousands of accounts for alleged price gouging violations. Riverbend Consulting can confirm that one of our clients received approval of their Plan of Action yesterday – after almost 30 days of waiting.

Since mid-March, a growing number of Amazon third-party sellers have been warned for price gouging. In some cases, their individual ASINs have been blocked from the platform. After a few ASIN-level warnings, sellers then receive requests for a Plan of Action within 72 hours. The plan is to address violations of the Amazon Fair Market Pricing Policy.

In some cases, Amazon skips all the second chances. They then take the seller straight to a suspension or block of their selling privileges.

Why is this happening?

Since Amazon is under pressure from the public and government regulators to stop price gouging during the current health crisis. Some state and local jurisdictions make it illegal to raise prices on essential items more than 10 percent during times of disaster.

Unfortunately, Amazon’s enforcement of its Fair Market Pricing Policy has been an unmitigated disaster in its own right. Many sellers have been warned or suspended for ASINs where they did not raise their prices or raised prices commensurate with their increased inputs for COGS, labor, transportation and more.

At Riverbend, we’ve seen several appeals for price gouging that have received answers after two to four weeks. In addition, for some suspended sellers, Amazon Seller Performance is sometimes rejecting the POA but not emailing the seller to let them know. So if you’ve had a price gouging appeal lingering, contact Account Health Services and ask for a status. You might just find out that you need to submit an updated POA.

If you’ve been hit with a price gouging appeal, call on Riverbend Consulting. We can help. Let’s talk 877-289-1017 or visit our website.

Location matters: Who is writing your Amazon appeals?

May 4, 2020 Leave a Comment

Some tasks are far too important to send overseas. Know who is writing your Amazon appeals.

By: Lesley Hensell

Who is writing your Amazon appeals? Should a virtual assistant (VA) on the other side of the globe write an appeal letter for your Amazon account?

In far too many cases, if you hire a company to help with your appeals, that’s exactly what happens. VAs can be extremely valuable to Amazon third-party sellers. But they are typically not well-suited to writing ASIN or account appeals.

What makes a great appeal writer?

At Riverbend, we have built a large team of consultants and account analysts. Our recipe for appeal writing success is as follows:

Domain expertise. Our team includes professionals with backgrounds in investigations, retail and warehouse operations, online selling and more. Most have worked at Amazon here in the United States, in Seller Performance, Account Health Services or Seller Support. Many have sold on Amazon. All understand how businesses run in the United States, as well as how Amazon sellers operate.
Interviewing and problem-solving skills. An effective appeal to Amazon isn’t just about telling Seller Performance what they wish to hear. Rather, it truly solves the underlying business issues causing complaints or problems. Our consultants speak with clients and suss out the problems. They advise our clients, answer their in-depth questions, and work together on real-world, effective solutions.
Strong language skills. Certainly appeal writing is serious business that requires a full command of the English language – written and spoken. In addition, a knowledge of the colloquialisms of the marketplace in question is a huge plus.

What are the gaps for overseas appeal writers?

When companies rely on overseas VAs to write appeals, it can cause a wide range of problems:

No phone support. Sellers should have phone and email access to the person who is writing their Amazon appeals, so they can explain the issue, ask questions, and arrive at a solution. Email support – direct with the appeal writer – should be a given. If a seller doesn’t have the ability to speak with the consultant or another well-versed team member, how can they get answers to important queries?
Language skills. It’s difficult enough appealing to Amazon without language challenges.
Lack of a big-picture vision. Overseas VAs are typically finding a sample past appeal they think might be close to the client’s situation. Then they cut-and-paste together a document that may or may not be relevant. This is not a recipe for long-term success – especially since it does nothing to solve the underlying issue.
Lack of in-depth Amazon expertise. Overseas VAs typically have not worked in Seller Performance or Seller Support. They don’t know paths to escalate – which are critical these days. By using US-based, knowledgeable resources, you are much more likely to gain insights into your account and a positive result.

Look out for bait-and-switch

Service companies of all sizes and types pull bait-and-switch scams on Amazon sellers. A salesperson or account manager convinces the Amazon seller to sign up for their services. After that, one of two things might happen:

Some companies give Amazon sellers form-letter appeals that were edited by an overseas VA to fit their situation. This customization is based solely on the notes take by the salesperson. No conversations ever happen with the appeal writer.
Other companies use their more highly paid consultants to write account appeals. But if they sign clients up for ongoing account monitoring or ASIN appeals, those appeals are created by overseas VAs. Sometimes, US-based resources run interference so that clients don’t realize what is going on.

Why would someone do this? Simple. They are saving a lot of money on labor costs. Ownership makes a whole lot more money for sub-par service by untrained overseas resources.

The service you deserve

How can you know if you’re receiving quality service from skilled consultants?

Look at the company web site. If a company has solid Amazon expertise, team members should be proudly featured online with details about their backgrounds.
Only hire a company where a US-based team member answers the phone. Therefore, if you cannot get a human on the phone, run.
Ask where the consultant working on your account is based.
Ask when the consultant will reach out to you by phone or email. Ensure you are going to be contacted by the consultant – and not by a go-between like an account manager or a sales rep.
If your service firm uses VAs, ask which tasks this group handles. Reasonable answers are tasks like Amazon customer service messages, reimbursements, listings audits, and other similar functions.

We are HERE for you and your business! Meet our team. Let’s talk 877-289-1017 or visit our website.

The other side of IP complaints against Amazon sellers

October 28, 2019 Leave a Comment

Many brands are clueless about the damage they do with IP complaints and fake claims

By: Lesley Hensell

The number of account suspensions for alleged intellectual property (IP) violations on Amazon continues to skyrocket. There are several reasons this is so. But perhaps one of the most disturbing of these is a complete lack of understanding by brands that they are destroying small businesses. Last week, a lawyer called me. He wanted to discuss a pending lawsuit between a past client I worked with and a brand that helped get them suspended from Amazon. As we discussed the issues in the case, I found myself being sucked into a vortex of nonsense.

The lawyer laughed. “It’s insane,” he said. “What makes a seller think they can win this kind of lawsuit against a brand?” This attorney truly believes what he was saying. His client agrees. And in my opinion, they couldn’t be more wrong.

Anatomy of a lawsuit

For the purposes of this blog, let’s call my past client Acme. Acme was a pretty good-sized seller. In addition, he had quite a few IP complaints in his scorecard, mostly for trademark infringement. In my view, these IP complaints were likely all false and an attempt by the brand owner to control distribution. My client did not sell fake goods, nor did he list on the wrong ASIN. He had high-quality sourcing.

My client listed a product we shall call Supplement. He purchased Supplement from a large distributor. The product was real, with a perfect chain of custody.

One day, the maker of Supplement received a phone call or email to their customer care department. In this communication, a buyer stated they received an expired unit of Supplement that they purchased from someone on Amazon. This buyer did not give the name of the Amazon seller who sold the expired product to them.

The maker of Supplement had brand registry. They logged into their brand registry account and promptly reported every single seller of Supplement for IP infringement/counterfeit. My client was one of those sellers, and his account was deactivated by Amazon.

The seller fights back

Ultimately, Acme was reactivated. The company is now actively selling on Amazon. But they lost significant sales on Amazon during their suspension. Acme decided to sue the brand owner of Supplement for:

Tortious interference. Essentially, this claim asserts that the brand owner wrongly and intentionally interfered in the business relationship between Amazon and Acme.
Slander. By stating that Acme was selling counterfeit merchandise, the brand owner slandered the company as a lawbreaker and someone whom nobody should engage in business with.

Here’s where the lawyer’s dismissive comments enter the picture. The attorney for Supplement brand said the entire lawsuit was ridiculous on its face and would never result in an award for Acme.

During our conversation, I pushed back.

“You do realize counterfeiting merchandise is a crime,” I said. “If Supplement had filed an IP claim for trademark or copyright infringement, that claim wouldn’t have been true, either. But calling the product counterfeit raises this to an entirely new level. It was unethical, wrong and puts Acme at risk.”

The lawyer disagreed and then blamed Amazon, rather than his client.

“Supplement had no idea that something like this could happen,” he claimed. “They were just trying to stop the problem.”

Amazon’s culpability

And there, my friend, is where Amazon’s blame lies in all this. Because the platform must enforce IP complaints, it has erred on the side of ease for brands. Simply report a problem, and the listing is closed.

Unfortunately, many brand owners don’t seem to comprehend the seriousness of making false reports. And these reports are made – in abundance – every day:

Brands trying to control distribution lie about IP violations
Brands concerned about product quality report all sellers on a listing instead of pinpointing bad actors
Brands rely on lawyers or services to report “bad actor” sellers on their listings, which often results in authorized sellers being reported as well
Brands don’t recognize storefront names of their authorized sellers and report them
Brands don’t bother conducting test buys and just call everything “counterfeit”

At the same time, many brand owners honestly don’t understand how enforcement works at Amazon. They likely believe – like Supplement – that their report will only result in a single ASIN being blocked in a seller’s account. They don’t realize that false reports could result in account suspension, permanent closure, destruction of inventory and permanent holding of funds by Amazon.

Should brands have control over their products on Amazon? Brands definitely have cause for concern when their products are counterfeited, sold past expiration dates, sold in terrible condition, bundled in strange combinations, etc. All of these circumstances damage brand equity and dilute value.

But at the same time, making false claims of criminal behavior is problematic. And at least a few companies like Acme are going to see if they can help the IP pendulum swing the other way.

Concerned about your account, no matter the size, we can help put your mind at ease. Call Riverbend Consulting at 877-289-1017

Amazonians can provide excellent insights – if they are real and relevant

By: Lesley Hensell

Here are some strategies to be sure you’re getting the expertise that you have paid for:

Intellectual property violations on Amazon run the gamut, but all put your seller account at risk

By: Kayla Forrest

Standard IP complaints on Amazon

The most common IP complaint: counterfeit

What to do when IP complaints are filed

Both preemptive and suspension appeals are lagging for weeks

By: Lesley Hensell

Why is this happening?

Some tasks are far too important to send overseas. Know who is writing your Amazon appeals.

By: Lesley Hensell

What makes a great appeal writer?

What are the gaps for overseas appeal writers?

Look out for bait-and-switch

The service you deserve

Many brands are clueless about the damage they do with IP complaints and fake claims

By: Lesley Hensell

Anatomy of a lawsuit

The seller fights back

Amazon’s culpability

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