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Re:Amazon Liable for Defective Third-Party Products Rules CA... by heavyset_go on Sunday August 16, 2020 @03:04AM (#24175858)
You can't even report that the reason for your return is that you suspect or know that the item you received is counterfeit during the return process. If Amazon cared about a problem this big, they would collect metrics from customers on it.
Re:Amazon Liable for Defective Third-Party Products Rules CA... by manigandham on Sunday August 16, 2020 @07:24AM (#24176900)
You can definitely report items as "inauthentic" and they will be escalated to the seller. Amazon gates sellers by category and ASIN and will remove selling privileges based on complaints.

I don't think most people here have any idea 3P/FBA selling works. It takes a lot of work to get listed and move into new categories, and you can be removed very quickly for the slightest of reasons. This goes to show the scale of the problem in policing logistics at this scale (not to say that Amazon shouldn't be responsible for it).

Re:Amazon Liable for Defective Third-Party Products Rules CA... by baybal2 on Sunday August 16, 2020 @08:22AM (#24177200)
> I don't think most people here have any idea 3P/FBA selling works. It takes a lot of work to get listed and move into new categories, and you can be removed very quickly for the slightest of reasons. This goes to show the scale of the problem in policing logistics at this scale (not to say that Amazon shouldn't be responsible for it).

I am not new to 3P/FBA myself. I ran a store in my college days 2010-2012, and know number of Alibaba, and Amazon employees who were directly involved into managing vendors.

Among Chinese vendors, there is a very ambivalent attitude towards Amazon. People know that Amazon is at a times can be n-times more profitable than an analogous listing on Aliexpress, or any other smaller platform, but at the same time an extremely zealous enforcement is a giant turnoff to proper vendors.

Nobody who is ready to play "by the rules" goes to sell on Amazon among Chinese vendors because you can spend tens of thousands of bucks invested in the store for it be deletes without any questions asked.

Add to that that better vendors will not be bothering with creating shell companies, or using fake IDs to get Amazon verification. This way, Amazon has driven off the few proper vendors from China they had, and now they have to deal with fly-by-night, quick money types as they are the only ones who are ready to tolerate this treatment.

Re:Amazon Liable for Defective Third-Party Products Rules CA... by _red on Sunday August 16, 2020 @10:20AM (#24178041)
Yes, this is what ended my side-income gig buying / selling used CD's.

I half think that its almost racketeering by amazon.

Lets suppose you go thru the work of finding low volume CD's...mainly from one-off bands that no longer exist or only had a single release. Then you establish an ASIN for each CD, eventually some fraudster appears and list under your ASIN (thanks to co-mingling of inventory). Once a 'fraud or counterfeit' charge is brought against that other seller, amazon 99/100 invalidates the entire ASIN.

So your inventory, although legit is now held captive by amazon in their warehouse. So they send you a nice little email that states: You can either pay us $4 to send you back your CD or you can "allow us to dispose of it for you".

That last bit is the real punchline. They will then proceed to sell your CD and keep 100% of the money. They routinely farm their sellers using such tactics.

Re:Amazon Liable for Defective Third-Party Products Rules CA... by _jas on Sunday August 16, 2020 @10:17AM (#24178012)
Sorry, I'm a bit naive in this area. How easy is it really for a Chinese vendor set up a shell company and build a fly-by-night business to compete with a legitimate seller who has to spend a considerable amount of money? Especially if they are only able to snipe a few sales away from the legitimate company before getting deleted?
Re:Amazon Liable for Defective Third-Party Products Rules CA... by goblin89 on Sunday August 16, 2020 @02:33PM (#24180018)
As far as I understand, on Amazon you don’t have to compete with legitimate sellers anymore: many of them are simply gone.

If you are a legitimate seller, you want to be able to communicate with store representative. You want to be able to trust that the store wouldn’t suddenly pull the rug from under you without human contact. You don’t want your products to be displayed alongside fakes. It may be considered wiser not to engage with a store that lacks all of that.

Meanwhile, for a fly-by-night shady seller risk and uncertainty is par for the course, so they would remain and scout for new ways to game the system.

Re:Amazon Liable for Defective Third-Party Products Rules CA... by baybal2 on Sunday August 16, 2020 @10:22AM (#24178055)
For those who do this at a scale, very easy, and they can snipe far from just a few sales.
Re:Amazon Liable for Defective Third-Party Products Rules CA... by yomly on Sunday August 16, 2020 @06:16AM (#24176634)
When I left Amazon the fastest growing team in the country was the antifraud team and they already had like 2 floors of agents working on it. But I also heard that issues which hadn't occured 3 times in a row were dropped on the floor because of Amazon's scale.

This was quite a few years ago now, I can only imagine Amazon is spending more money on the problem now vs then.

not to defend Amazon, but maybe the scale of the problem is too big - maybe there is a long tail of fraudsters similar to the long tail of illicit content on youtube.

Re:Amazon Liable for Defective Third-Party Products Rules CA... by myself248 on Sunday August 16, 2020 @08:21AM (#24177196)
Somehow Home Depot sells a lot of things and none of them appear graymarket or fraudulent.

This problem exists because Amazon wanted it to exist. They chose to do business in a way that avoids traditional checks and balances.

The scale of the problem is entirely on them.

Re:Amazon Liable for Defective Third-Party Products Rules CA... by ianai on Sunday August 16, 2020 @08:38AM (#24177267)
Agree. I think the regulation should include “if your platform is too large for you to police then you and your platform must be broken up into smaller, manageable parts”
Re:Amazon Liable for Defective Third-Party Products Rules CA... by nogabebop23 on Sunday August 16, 2020 @10:11AM (#24177951)
What about Walmart? They have a big online presence and sell a lot of 3rd party - anyone know what their counterfeit situation looks like? I've only ever bought diapers from them and if they were fakes it seems oily rags (or whatever is in the fakes ones) absorb as well as the real deal...
Re:Amazon Liable for Defective Third-Party Products Rules CA... by brianwawok on Sunday August 16, 2020 @10:19AM (#24178031)
As a seller, you can generally create your own listings on either platform. Or sell on an existing listing. So nothing to stop you from selling counterfeits.

I don’t keep up with the marketplace requirements as maybe I should, but historically the biggest difference was Walmart.com required sellers to be based in the US, and amazon.com allowed sellers from all countries. This hurdle alone can make sellers much easier to chase down and throw the legal book at them.

Re:Amazon Liable for Defective Third-Party Products Rules CA... by lotsofpulp on Sunday August 16, 2020 @10:50AM (#24178257)
> not to defend Amazon, but maybe the scale of the problem is too big

There is no defense for Amazon. The solution is simple. Put back the ability to filter for items shipped and sold by Amazon.com only, and stop commingling inventory.

Amazon will never do this because they don’t want to be in the retail business with 3% profit margins, they want to be in the platform business with 15%+ profit margins.

Hence I take my business to other retailers willing to sacrifice some of their profit margin to ensure I don’t receive garbage the first time.

Re:Amazon Liable for Defective Third-Party Products Rules CA... by mumblemumble on Sunday August 16, 2020 @08:50AM (#24177327)
My guess is that, in this case, "too big" actually means "above the fraud team on the org chart." They could presumably pull the rug out from under fraudsters, at relatively little cost. Perhaps by making some policy changes that alter the cost/benefit tradeoff for fraud, or that limit the blast radius so that it doesn't render he entire platform untrustworthy. But I'm guessing the changes in question would be tantamount to an attack on some executive's golden calf.

I could hazard a few specific ideas in Amazon's case, but really I'm just extrapolating from the fact that I've seen that this is how it generally works at any sufficiently large company.

Re:Amazon Liable for Defective Third-Party Products Rules CA... by rorykoehler on Sunday August 16, 2020 @10:10AM (#24177931)
If the scale is too big for Amazon to handle then Amazons business model has failed and they should be shut down until they get a handle on it. I don’t understand why common sense and the law went out the window just because we changed the medium?
Re:Amazon Liable for Defective Third-Party Products Rules CA... by Spivak on Sunday August 16, 2020 @12:18PM (#24178982)
Because if you were trying to make a case to Congress to get legislation passed that would them down you wouldn’t get past “even with the fraud Amazon is still delivering a huge amount of value to consumers because of their scale and we don’t want to disrupt that.”

Like you will get nowhere arguing that billion dollar US controlled giants should get shut down or broken up unless it’s a last resort.

Re:Amazon Liable for Defective Third-Party Products Rules CA... by rorykoehler on Sunday August 16, 2020 @01:59PM (#24179759)
They could shut out all 3rd party sellers until they are verified. Amazon would still be making truck loads of money from Amazon basics etc. Most customers might not even notice any change when buying.
Re:Amazon Liable for Defective Third-Party Products Rules CA... by salawat on Sunday August 16, 2020 @04:01PM (#24180730)
Verifying is useless if you aren't also tracking inventory provenance, which Amazon can't do while also being able to compete in their own market, as they would have absolutely no way to argue they weren't operating on the basis of privileged access to third-party information via analyzing specific inventory granularity sales flow.

That's the issue Amazon absolutely does not want to happen. Getting locked out of their own marketplace or aggregated sales data would hugely undermine the value proposition in terms of de facto earning and profit taking potential, while at the same time undermining public faith in the overall market.

Amazon can't admit they can do anything about counterfeits because no one in their right mind wants to contribute to a platform that empowers and informs a potential competitor.

This is becoming what I consider velvet glove business combat 101 that no one openly admits to.

Re:Amazon Liable for Defective Third-Party Products Rules CA... by rorykoehler on Monday August 17, 2020 @12:52AM (#24184116)
This discussion is becoming circular. Please revert to my initial comment for my reply to this one.
Re:Amazon Liable for Defective Third-Party Products Rules CA... by markdown on Sunday August 16, 2020 @07:24AM (#24176901)
> but maybe the scale of the problem is too big

They control the scale of the problem, and can raise the barrier to entry for new 3rd party vendors at any time.

Re:Amazon Liable for Defective Third-Party Products Rules CA... by heavyset_go on Sunday August 16, 2020 @03:31PM (#24180503)
> I can only imagine Amazon is spending more money on the problem now vs then.

They might be spending money, but that doesn't mean the money is actually going towards fixing the problem at hand.

When I go to return an item, I can't even select that the reason for my return is that I suspect or know that the item is counterfeited. I have to lie and choose between several somewhat related options like "Inaccurate website description" or "Wrong item was sent" among other things.

To me, it seems like if Amazon were serious about addressing rampant counterfeiting on their platform, they would collect stats from the customers that suffer from Amazon's lack of quality control.

Re:Amazon Liable for Defective Third-Party Products Rules CA... by dutch3000 on Sunday August 16, 2020 @09:17AM (#24177508)
if these companies can’t handle the scale, then maybe they need to reduce their scope. “it’s hard to find a solution” doesn’t cut it anymore. either amazon and these giant tech companies find solutions (privacy, graphic content, insert big scale tech problem) to these problems or they suffer the consequences of liability. or they reduce the scope of the service.
Re:Amazon Liable for Defective Third-Party Products Rules CA... by Spivak on Sunday August 16, 2020 @12:20PM (#24179004)
Which is nice in theory but what happens when legislators (and customers) come back with the case that the value of them operating at their scale outweighs the harm of fraud.
Re:Amazon Liable for Defective Third-Party Products Rules CA... by dutch3000 on Monday August 17, 2020 @08:18PM (#24193893)
facebook? value?
Re:Amazon Liable for Defective Third-Party Products Rules CA... by furyg3 on Sunday August 16, 2020 @04:03AM (#24176098)
There may be other reasons (legal) to not want to collect these metrics...
Re:Amazon Liable for Defective Third-Party Products Rules CA... by leoc on Sunday August 16, 2020 @04:41AM (#24176242)
Repeating myself: https://news.ycombinator.com/item?id=19199343

> The classic "control fraud" https://en.wikipedia.org/wiki/Control_fraud strategy is to incentivise your subordinates to maximise revenues while "neglecting" to check that they aren't engaging in fraud to do it. Then you can protest your innocence when the fraud comes to light.

Re:Amazon Liable for Defective Third-Party Products Rules CA... by amelius on Sunday August 16, 2020 @05:49AM (#24176516)
Would control fraud work in a company as big as Amazon? If you're that big, then there's a huge probability of a whistleblower or unhappy ex-employee exposing you.
Re:Amazon Liable for Defective Third-Party Products Rules CA... by rodgerd on Sunday August 16, 2020 @06:02AM (#24176568)
When Wells Fargo set incentives that were impossible to meet without defrauding customers, yes, they got caught. They fired thousands of tellers.
Re:Amazon Liable for Defective Third-Party Products Rules CA... by coffeefirst on Sunday August 16, 2020 @09:09AM (#24177461)
Absolutely. The bigger you are the easier it is to claim plausible deniability for each of the "isolated" incidents. If the executives will even meet the people who they've put in this position, it's easier to lose or just never hear the complaints and red flags.
Re:Amazon Liable for Defective Third-Party Products Rules CA... by nogabebop23 on Sunday August 16, 2020 @10:13AM (#24177971)
This sounds like the "we have so many cases of covid because we test so much; if we didn't test we won't have as many cases" logic. Jeff Bezos has no clothes!