Here is my demand letter to Amazon, but also I want to sue for their policy.

[Felix_Kubin]

Jurisdiction

California

"Demand letter to Amazon.
Just two years ago, I remember real investigations of fake advertisements and substandard quality goods sold on the Amazon platform.
Now, with all items priced at $500 and above, Amazon has started to protect the sellers, not the buyers. Despite all my reports to the leadership team, the fake reviews and fake advertisements were not deleted.
These 3 fake reviews said the e-bike I purchased could go 35 miles per hour and it is not true. The bike is set to slow down the speed after 25 miles per hour, and no way to change these settings.
Probably these restrictions are set on battery BMS, don't let it exceed exact ampers above a certain level.
It's false reviews and false advertising, made me to buy this bike.
Despite this bike being restricted for speed, no matter where it is needed, even in the forest, it is not sufficient with a reasonable range.
54.4 volts dropped to 51 just in 3 miles of driving kids to childcare.
(With a bike trailer and some uphill, it is still awful)
This way, the bike cannot be used to drive to the swimming club after that.
Or before that, because driving to the swimming club and back, makes it battery almost dry, even without the trailer.

This battery has scratches, indicating it was not new by the time we received it, and we made video proof, Amazon demanded us to show it, so we recorded it and have no comments back.
The seller behaves naughty on this issue.
First, they start to offer us 250$ (To buy a new battery on Aliexpress) if we write a good review. When we wrote a bad review, the seller offered us 250$ to delete it.
SMLRO contacted us outside the platform, we showed this to Amazon, and they promised to punish the seller, but nothing was done.

Amazon told me, that offering the money for review or contact outside of the platform, is a violation, and as compensation for this, the guy from a leadership team told us, that we are eligible to an A to Z claim, to receive a refund without returning the item.
(Because we cannot trust the seller will provide us timely refund, and because we bought this e-bike, under the influence of a fake advertisement)
It was all in the end of November.
December started, and we were informed A to Z claim was solved in our favour. We received the email with the request to pay us 1657$ to GC.
Later we didn't receive this money, and all the time we sent or call again, it was a nightmare, intentional miscommunications, accusations of the previous support agent, for providing us wrong information, the customer service mostly refused to provide us with a clear resolution, and they start to say "Investigation not started we waiting to assigned investigator", or say "we send request for the refund", or "we send request to A to Z claim", once we got message: "Your account suspended due to unatorised activity", and so on, all kind of messages indicates that anarchy ruled there, or sombody intentionally trying to make us angry.

When we send the message back: "Stop telling nonsense"- we hear by phone "You use obscene language, I am disconnecting the call", by chat we saw one representative drop the call, then next, and sometimes it was 4 or more(!) representatives from customer service, quickly changed one after another, each one of them trying to take as much of our time as they only can, for example, in first 10 minutes, he write on chat "try read the previous correspondence", next 10 minutes he sends the message: " let me work on this to help you", And the next 10 minutes said in chat: "If there anything else I can help you with", and its procedure was repeated multiple times for one day.

Sometimes said: " you will get your refund in 48 hours", and the next rep said, "No way if somebody tells you that".

Also, a few previous orders disappeared from the order list, and representatives started to say:" You never paid for these orders", despite these statements, It was reflected in the transaction list.
Communicated like this for a few weeks, made us decide to demand 2500$ as s penalty for the fake reviews and fake description, and 1650$ as compensation for the fact we cannot use this bike as it was designed- to ride for a swimming club, next to drive kids to childcare.
This bike is of poor quality, many things broke on the first month of use, the battery is not new, the seller is not helpful, and no refund was issued on time to buy another bike, of better quality with enough range on a battery charged.

If we do not receive 4000$ from the corporate office, we can start a small claim, demanding to pay us this compensation. We agreed to send the bike back with an immediate refund for the price we paid, but because we received humiliating treatment by " Customer service", we added to our claim fines for the fake advertisement, following an article of California law."


Now we face the problem- how to serve Amazon, what is the address for that?
The best if we can do it in San Francisco, not need to drive Sacramento

 

[Foamback]

Hard to follow. Amazon and their fifty thousand lawyers will probably ask to move the suit to superior court

 

[adjusterjack]

Now we face the problem- how to serve Amazon, what is the address for that?

Here are some possibilities for Amazon's registered agents for process service.


Those were obtained from a discussion in 2020 so I can't guarantee that they are still good. I believe that CA allows small claims service by certified mail. If so, you can try it and see how it goes.

Before you do that, however, consider emailing your story to either of the following corporate executives.

 

[army judge]

If any deal seems TOO GOOD TO BE TRUE, believe it!!!

Its your money, isn't it?

Keeping your money, or buying the shiny thing.

Never a hard choice for a miserly, old coot.

I make Scrooge McDuck or Jack Benny look generous.

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Often times, we spend more time wondering whether the bigger purchases are worth it! Maybe you're looking at buying a new phone, camera or even a car or a house! Whatever it is, use these 10 questions to determine if the purchase is worth it before you buy. Then you'll never suffer from buyer's remorse.

TO BUY OR NOT TO BUY?
Here at Fun Cheap or Free we follow this little thing called the 3-month rule… and by little thing we mean change your financial life thing! Seriously, this rule is a game changer. Following this rule answers a lot of questions AND it applies to any purchase that is outside your immediate budget!

Here's how it works:

Any time you want to make a significant purchase, you must wait 3 whole months before pulling the trigger. Not only does this give you time to make sure you really want it, it also gives you three whole months to save up for said purchase and even find the best deal—hello holiday sales!

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QUESTIONS TO ASK YOURSELF BEFORE MAKING A PURCHASE
Alright! So what should you ask yourself when you're wondering "Should I buy it?" Let's start with the easy questions!

CAN I AFFORD IT?
The very first question you should ask yourself before making a big purchase is "Can I afford it?" Hold on though, this question is not as simple as it sounds—there's a catch!



Should I Buy It? 10 Questions to Determine it's Worth - Fun Cheap or Free

 

[adjusterjack]

Need, want, afford. Good advice to people with a limited income who are living paycheck to paycheck.

People with discretionary income can be more flexible.

I think Mr Kubin's problem was buying a big ticket item online without adequately determining the return and refund policy.

Better to buy locally with a proper return and refund policy where you can walk it back in the door if it doesn't work out for you.

 

[Tax Counsel]

Now we face the problem- how to serve Amazon, what is the address for that?

You serve the registered agent for the company in your state. If there is no registered agent in your state, you might be able to serve them through the state Secretary of State or other state agency. You'd need to check your state's rules for service for that information. The key takeaway here is that you don't need to serve the company at any particular physical office or place of business, nor do you need to serve a particular company officer. Service on the registered agent is normally all you need to do. Unlike a lot of companies, Amazon no longer requires that you arbitrate disputes instead of going to court.

 

[Felix_Kubin]

Here are some possibilities for Amazon's registered agents for process service.

Before you do that, however, consider emailing your story to either of the following corporate executives.

View attachment 4527

I also find this information, but they demand money to serve Amazon.
It looks like an advertisement of this company at that place you find it, masking to be the answer.
For me, the guy who answered looked exactly like an advertisement agent, and he attached some pictures of Femida to look like he was a lawyer. Here, Right?
https://www.justanswer.com/law/8vyaq-there-sue-amazon-live-california.html
The same situation was with Verizon, they hid their address for serving even from the Secretary of State.
The best way is to call court help when they start working on Tuesday.
Recently I got a refund from Verizon, it was also by court, and they suggested a settlement.
In an email, Amazon again promised a refund, but it was 4 or 5 times.
Thank you for one of the corporate emails.
It's anyway better than going to a small court.

 

[Zigner]

I also find this information, but they demand money to serve Amazon.
It looks like an advertisement of this company at that place you find it, masking to be the answer.
For me, the guy who answered looked exactly like an advertisement agent, and he attached some pictures of Femida to look like he was a lawyer. Here, Right?
https://www.justanswer.com/law/8vyaq-there-sue-amazon-live-california.html
The same situation was with Verizon, they hid their address for serving even from the Secretary of State.
The best way is to call court help when they start working on Tuesday.
Recently I got a refund from Verizon, it was also by court, and they suggested a settlement.
In an email, Amazon again promised a refund, but it was 4 or 5 times.
Thank you for one of the corporate emails.
It's anyway better than going to a small court.

Trust me - a company doesn't hide their agent for service of process from the Secretary of State. It may be difficult for you to find, but the Secretary of State knows.

 

[zddoodah]

Amazon and their fifty thousand lawyers will probably ask to move the suit to superior court

They can ask all they want. However, first of all, lawyers are not allowed in small claims court in California. Second, small claims court is a division of the superior court. Third, there is no provision for moving cases over which the small claims division properly has jurisdiction to either the limited or unlimited division of the superior court.

I believe that CA allows small claims service by certified mail.

Only if the defendant is a non-resident. Since Amazon has a resident agent in California (as correctly identified in your post), there is no ability to serve by certified mail. However, service of a small claims action may be effected in ways not permitted in the limited or unlimited division of the superior court.

they demand money to serve Amazon.

Who are "they"? Review the link above.

Trust me - a company doesn't hide their agent for service of process from the Secretary of State. It may be difficult for you to find

It really shouldn't be. It's as simple as inputting the name here: Secretary of State

 

[Felix_Kubin]

We served Amazon one month ago, and for this, it was necessary to go to Sacramento, the capital of California. My wife found that the right address is:
1505 Corporation
CSC - LAWYERS INCORPORATING SERVICE



2710 GATEWAY OAKS DRIVE, SACRAMENTO, CA

It was a long way from San Francisco due to traffic, and we came in time they closed -2 p.m.
But the guys inside were very nice and let us serve.
I am not sure if they let to serve if we came at 2.15 pm or later.
Amazon doesn't mention the exact time their serving processers working, so we were just lucky to don't stop in a restaurant on our way there.

Filed the proof of service in court and checked the date. We see that Amazon requested to postpone the trial for one month. They said they would investigate the case and try to settle it. but since then, nobody has contacted us about the settlement. So I think they just postponed the hearing because decided on logistics with the lawyers who needed to come from LA to SF.

I have two items- bike (aprox1500)
and motor wheel (approx 800)
and demand that Amazon to pay 5000$ for those terrible monsters from "support"
who starts to openly humiliate customers in many ways.
Also, I disagree with their policies,
and fire safety precautions, I received something that potentially can cause fire-
the battery on the bike, is visibly used, with no information which batteries inside-its against the law.
And they never provide the proof that numbered parts were properly registered in customs(border)
if they are not counterfeit.

 

[adjusterjack]

You could have saved yourself the trip and some gas money by hiring a private process server local to the registered agent.

 

[Zigner]

...and even more savings by not coming up with a ridiculous and frivolous suit.

 

[Tax Counsel]

First, before you sue based on a contract, you need to read all the terms of the contract. That's what the court will look at to determine what the rights and responsibilites are of each party to the contract. If you read Amazon's Conditions of Use you'll see the paragraph on disputes that reads as follows:

"Any dispute or claim relating in any way to your use of any Amazon Service will be adjudicated in the state or Federal courts in King County, Washington, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial."

So you may find that Amazon moves to dismiss your complaint because you didn't comply with that provision of the contract. And very likely Amazon would get that dismissal, forcing you to file your claim in King County, Washington (which includes Seattle) which will be costly for you to travel there for the trial. You don't get those travel costs added to your claim. It may also mean that Washington state law applies rather than California law, too.

I have two items- bike (aprox1500)
and motor wheel (approx 800)
and demand that Amazon to pay 5000$ for those terrible monsters from "support"
who starts to openly humiliate customers in many ways.
Also, I disagree with their policies,

In a lawsuit for money damages you must prove that you suffered legally recognized damages and prove the amount of damages. If the bike and motor wheel were destroyed during delivery Amazon would usually cover that and Amazon would either get you replacements or refund your payment. So just what happened to the bike and motor wheel and how does it add up $1,500?

Note that another part of the contract states that title to the goods passed to you when Amazon put the products in the hands of the shipper, which means that if the goods were damaged in shipping Amazon wouldn't take the loss. You take the loss. When you are in that position you'd typically look to the shipper for recourse for the damage it caused. It wouldn't be Amazon's problem. The shipper's contract may provide that damages are limited to some small amount unless you bought insurance to cover the value of the items being shipped. Amazon's customer service often goes beyond what these contracts require in order to make customers happy. But that doesn't give you a legal claim to more damages than the contract and the law requires.

I see nothing to support your claim for $3,500. What is the basis for that?

Finally, if your lawsuit turns out to be frivolous the court may fine you for that. You can't succeed on a claim because you disagree with its policies. That part would be frivolous. If the court decides that the rest of your case is frivolous, too, that's when the prospect of a fine may come up.

 

[Tax Counsel]

While I wouldn't go so far as Jack and say never to buy outside your local area, it is something that does need to be considered, especially with high cost items. One of the things Amazon buyers need to understand is that not everything Amazon lists on the site is sold by Amazon or is shipped from Amazon. Amazon clearly states for every item who the seller is and where the goods are shipped from. It also states the refund policy for the item being purchased. A lot of people don't look at that info, even though its there right under the "Buy Now" button. And most of the time everything works out just fine so they never develop the habit of considering that information. But it's important to know those details when shopping Amazon, eBay or any other ecommerce platform that hosts third party sellers.

While buying through Amazon provides more recourse than you'd typically get bying from the small sellers directly, it's still important to know who the seller is and where the shipping is done. If the seller is located outside the U.S. and ships the goods itself rather than through Amazon's warehouse, then Amazon has no legal liability for other it than what is provided for in the contract; federal and state laws generally do not make parties liable for the actions of others unless they undertake that obligation.

Again, while Amazon's customer service often helps the consumer out by doing more than it is required to do keep the customer happy, don't assume that Amazon must do that.

 

[Felix_Kubin]

...and even more savings by not coming up with a ridiculous and frivolous suit.

Amazon sells counterfeit and I have proof of it.
They don't care!

 

[Felix_Kubin]

It may also mean that Washington state law applies rather than California law, too.

For example, a California court issued a rule,
that Amazon is responsible for the third-party sellers.
Here:

California appeals court finds Amazon responsible for third party sellers’ products

Amazon’s Marketplace connects third party sellers with buyers

www.theverge.com

Amazon must demand that sellers from China provide certificates and fire safety tests about the batteries they sell with the bikes, now is a wild market, we saw many fires in China, caused by wet, defective, repacked batteries, we don't need the same situation here, in the USA.
Because we value life and public safety, we are still not the third-world or wild country of anarchy. We are here in the USA and we have the courts on our side.

Amazon is good in mostly right choosing the items to sell from Amazon.com. But sadly, the choice there is very limited.
Their support who work from the Philippines or Columbia, let me show their example of conversations, such as: "If you demand the bank to withhold the transaction, your account with all money on it will be blocked and deleted".

 

[Zigner]

Amazon sells counterfeit and I have proof of it.
They don't care!

Awesome. Best of luck to you.

 

[Zigner]

For example, a California court issued a rule,
that Amazon is responsible for the third-party sellers.
Here:

California appeals court finds Amazon responsible for third party sellers’ products

Amazon’s Marketplace connects third party sellers with buyers

www.theverge.com

Amazon must demand that sellers from China provide certificates and fire safety tests about the batteries they sell with the bikes, now is a wild market, we saw many fires in China, caused by wet, defective, repacked batteries, we don't need the same situation here, in the USA.
Because we value life and public safety, we are still not the third-world or wild country of anarchy. We are here in the USA and we have the courts on our side.

Amazon is good in mostly right choosing the items to sell from Amazon.com. But sadly, the choice there is very limited.
Their support who work from the Philippines or Columbia, let me show their example of conversations, such as: "If you demand the bank to withhold the transaction, your account with all money on it will be blocked and deleted".

Awesome. Best of luck to you.

 

[Tax Counsel]

For example, a California court issued a rule,
that Amazon is responsible for the third-party sellers.

That's one of the reasons why which state's law applies matters. Decisions by a CA court aren't binding on other state courts unless that state court is ruling on a matter of CA law.

 

[flyingron]

Amazon indeed fronts for counterfeiters. I received counterfeit merchandise. Amazon took it back for a refund but supressed my bad review for the merchant involved that the items weren't what they claimed to be.

The bad news is Amazon is a wretched hive of scum and villainry. The good news, is that they'll refund you if you have a problem (usually) and that's all you're entitled to.