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Bill Attorney
Bill Attorney, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1321
Experience:  Attorney
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I am an Amazon Seller and a buyer purchased close to $5000

Customer Question

I am an Amazon Seller and a buyer purchased close to $5000 worth of my products and returned back all counterfeit items. The buyer cut the seal of the product and inserted fake items and returned them back to me. I opened a case with Amazon who sided with me because they felt there was reasonable evidence. The buyer is located in California while I am based out of NJ. What can I do?
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Bill Attorney replied 2 months ago.

Dear Customer ,

This is attorney Bill offering assistance with your sale of goods question. If the money hasn't been transferred from amazon it may still be possible for you to refund through Amazon.

If this is no longer possible you can file a civil action against the buyer in California.

You are able to sue in the small claims division of the civil court for up to $5,000 against the buyer.

There will also be criminal implications for the buyer as he sent counterfeit goods in return which amounts to fraud in California and obtaining goods by false pretenses.

"Penal Code 532(a) which provides, “Every person who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor, or property, whether real or personal, or who causes or procures others to report falsely of his or her wealth or mercantile character, and by thus imposing upon any person obtains credit, and thereby fraudulently gets possession of money or property, or obtains the labor or service of another is guilty of theft by false pretenses.”

You can either file a local police complaint, contact your district attorney or a district attorney in the county where the buyer resides in California.

We are here to help.

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Attorney Bill

Customer: replied 2 months ago.
I recalled all my inventory which was a long process and had to manually check each unit to see if it was fake or not. As a result of the time wasted, I lost out on sales and also my rating dropped due to customers complaining about fake products. What happened was that after this buyer sent back all fake items and was refunded by Amazon, he kept the original units and the fake units were placed in my inventory. Theres no way to distinguish if the product was fake or not from the outside (the product is a video game) unless you opened the game and examined the disc. I was able to get reimbursed by Amazon but the buyer who scammed me wasted months of my time and energy, resulting in lost sales and defamation of my business.
Expert:  Bill Attorney replied 2 months ago.

Under the circumstances you or your business if it is a company can sue the buyer for consequential damages, including damages to its brand, interference with contractual relations and reputation damage and lost profits.

You can hire an attorney in California, sue in the Superior Ct and seek attorneys' fees in addition to damages.

We are here to help.

Please follow up when needed.

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So I hope you rate FIVE STARS today before exiting

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Attorney Bill

Customer: replied 2 months ago.
just to confirm, I should hire an attorney in California and sue in superior court, not in small claims court. How much can I expect to receive and is there a limit of how much I can sue for in superior court?
Expert:  Bill Attorney replied 2 months ago.

There is no limit in the Superior Ct as it has general jurisdiction. Yes it will make things more expedient to file in the State where the defendant is residing.

The amount is that of an assessment of the damages to your business.

The small claims is limited to 5k so you will need to file in the Superior Ct.

Your attorney will discuss the options available to you.

Please follow up when needed.

In return remember to rate positively.

You do this by rating 5 *****, 4**** or better

So I hope you rate FIVE STARS today before exiting

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Attorney Bill

Customer: replied 2 months ago.
Ok thanks. Will my case be mitigated since I've received reimbursement already from Amazon?
Customer: replied 2 months ago.
Also, will I be able to sue for travel expenses because the trip from NJ to CA is rather long and expensive.
Expert:  Bill Attorney replied 2 months ago.

You can sue for the actual loss to your business minus the amount you so far received.

Travel expenses are reserved for criminal cases rather than civil cases.

Please follow up when needed.

In return remember to rate positively.

You do this by rating 5 *****, 4**** or better

So I hope you rate FIVE STARS today before exiting

Best

Attorney Bill