6 ms·
Wouldn't that be a good small claims court case? There's good documentation that the item has been shipped, and the seller is out of both the money and the came
by jfim 7y ago
Wouldn't that be a good small claims court case? There's good documentation that the item has been shipped, and the seller is out of both the money and the camera.
- Wowfunhappy 7y agoBut when you use Amazon you agree to binding arbitration...
- forrestthewoods 7y agoOP should go through arbitration and blog the process/result.
- milankragujevic 7y agoPresumably there's an NDA involved.
- kyleblarson 7y agoTOS likely also stipulate an NDA
- qwertox 7y agoBut wouldn't this become an issue between the seller and the buyer, if Amazon is "just adhering" to what is stipulated in the contract? To me this sounds like Amazon is saying "this is too complicated for us, and we don't see how to deal with it, because we don't know who's telling the truth". Like "If you've got a problem and a case, go to the police; not against us, but against the buyer".
- Wowfunhappy 7y agoHmm, my first thought is: contacting a buyer outside of Amazon is against Amazon's TOS. But if the author isn't interested in using Amazon after this incident, Amazon's TOS don't matter much. I'd be interested to hear from someone with a bit more legal knowledge how this might go. It's a good thought for sure.
- qwertox 7y agoWhy would he contact the buyer outside of Amazon? He would go to the police to point out his issue with the buyer, there's absolutely no need to contact him outside of Amazon. I'd rather think that Amazon would be forthcoming in assisting any demands an investigation would make, like provide all the information regarding the seller and buyer on this issue to the police. Sure, it would be nice if Amazon would withhold the money from the buyer until it is proven that the seller has obtained the item, but how does this get proven?
- nulbyte 7y ago> Why would he contact the buyer outside of Amazon? You can't sue the buyer by serving Amazon.
- birdyrooster 7y agoGot a good laugh out of "He would go to the police to" and "provide all the information regarding the seller and buyer on this issue to the police" Thanks for that.
- birdyrooster 7y agoAhh so parent comment wasn't sarcasm. Welp. Poe's law strikes again.
- kube-system 7y agoThis is not a case where the police would be helpful, at least in the US. The police in the US generally will defer financial disputes to the courts.
- nitrogen 7y agoThey also, in my experience, defer dealing with theft to insurance companies.
- 7y ago
- paxys 7y agoYou are not suing Amazon but rather the person who defrauded you. You have no agreement with him/her.
- bagacrap 7y ago... you're going to travel to another state for this purpose?
- briandear 7y agoYou would need to file in Federal court.
- kirykl 7y agoClaim must be over $75k for federal https://en.wikipedia.org/wiki/Small_claims_court#United_States https://en.wikipedia.org/wiki/Small_claims_court#United_Stat...
- loeg 7y agoThe place the suitor lives is a perfectly fine venue... make the fraudster travel.
- three_seagrass 7y agoIf they fail to show to court and/or lose, your state doesn't have much recourse or ability to rectify the situation, right?
- loeg 7y agoI'm not any kind of lawyer but my guess is you could get a default judgement and then employ some sort of bounty hunter to attempt to collect on them.
- Gene_Parmesan 7y ago
- kube-system 7y agoWhy not take the buyer to small claims? Or at least, have a lawyer draft them a nice letter.
- tedivm 7y agoHow? All they have from Amazon is a last initial.
- kube-system 7y agoAnd an address. That's probably enough. https://www.whitepages.com/reverse-address https://www.whitepages.com/reverse-address
- ChoGGi 7y agoCould just be a reshipper (or whatever they're called) address which then goes to the actual address out of the country?
- pkaye 7y agoSo travel to the jurisdiction of the buyer and file a small claims? How much time and money are you willing to spend?
- kube-system 7y agoA letter costs a couple hundred bucks at most. A state with a good attorney general might do it for free. The statistics are in your favor that you'd get your camera or your money just by sending a friendly letter on the right letterhead. But even then, I'd take a day trip to Florida for $2905.99. Heck, this is a great time of the year to go, and I usually don't make any money when I go there.
- tzs 7y agoThere's been at least some effort in Congress to reign in the overuse of binding arbitration [1]. It only covers employment, consumer, antitrust, or civil rights disputes, so probably would not help in a dispute between an Amazon seller and Amazon. Still, it at least shows some in government realize forced arbitration agreements are getting out of hand. That passed the House, but almost certainly will die in the Senate considering that in the House it only had 2 Republicans vote for it and 183 against it (14 not voting). Democrats were 223 for, 2 against, 9 not voting. [1] https://www.congress.gov/bill/116th-congress/house-bill/1423 https://www.congress.gov/bill/116th-congress/house-bill/1423
- m463 7y agoIn california you can opt-out of binding arbitration.
- TomMckenny 7y agoThief's last name is just an initial. I say "thief" because that's how it looks to me. But how can I or Amazon be confident given the evidence I've only just read about? What would help is posting up front a list of evidence that would convince Amazon in case of a dispute. If Amazon does not provide this then perhaps a third party could figure it out and post it.
- ikeboy 7y agoAmazon may suspend your account for doing so. It happened in the case I linked at https://news.ycombinator.com/item?id=22388122 https://news.ycombinator.com/item?id=22388122
- Aeolun 7y agoIf you are already not planning to use them any more, maybe not much of a problem?
- totalZero 7y agoSure, but they're still the losers here. They lose a nonprofessional seller but also, there is a legal record of potentially unfair practices. Most companies don't want that kind of information out there.
- ikeboy 7y agoAmazon has been in thousands of legal cases throughout the years. Nobody really cares. Besides, small claims cases don't really create a record.
- uniformlyrandom 7y agoI think that would be a good FBI case. I am sure it is a minimum of 2 charges, probably more (conspiracy to commit fraud over the state line, wire fraud).