1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
· On March 22, 2017, an Amazon rep opened an eBay user account in the name
alexityrel0 and falsely promised to abide by the terms of the User Agreement
without any intent to do so.
· The same day, on March 22, 2017, alexityrel0 sent a solicitation message to an
eBay member-seller stating in part: “Hi , I’m with the Business Development team
here at Amazon and would like to speak with you about a specific opportunity
(invite only) to launch your products as an Amazon seller we’ve recruited. Please
contact me directly at XXX-XXX-XXXX or reply to me here so we can arrange a
time for a brief conversation if this is of interest. I look forward to speaking with
you in detail about my team and how we can help you maximize your online sales
presence.”
· On April 10, 2017, seminole1351 sent a solicitation message to an eBay member-
seller stating in part: “Thank you for the quick response! Because of the email
moderators on here, would you be willing to speak on the phone tomorrow? My
direct line is X.X.X.-X.X.X.-X.X.X.X. Sorry about the formatting, but again eBay
doesnt exactly like us putting phone numbers in here. I am located in Seattle and on
PST. I am usually in from around 730am-430pm. Would that work for you at all?”
· On April 18, 2017, an Amazon rep opened an eBay user account in the name
matenglesb-0 and falsely promised to abide by the terms of the User Agreement
without any intent to do so. In the roughly three week period between the opening
of the account and sending the first solicitation message, the Amazon rep did not
use eBay to buy, sell, or list any item.
· On May 9, 2017, 22 days after opening an eBay account, matenglesb-0 sent a
solicitation message to an eBay member-seller stating in part: “Hello, My category
team would like to discuss listing any aligned products and services your company
offers that might be a great fit for Amazon’s new Business Marketplace, an online
procurement platform and dedicated product marketplace designed exclusively for
b2b bulk purchasing and enterprise-class buyer transactions. Please let me know
if you are interested, and who the appropriate person at your Company would be to
learn more about this opportunity.”
· On June 14, 2017, alexityrel0 sent a solicitation message to an eBay member-seller
stating in part: “You are a successful seller on eBay so I want to let you know about
an opportunity to launch as a recruited seller on Amazon should you have a
business case for it. I work for a small team here at Amazon that recruits a finite
number of high-potential sellers to the marketplace each year and feel you’d be a
great fit based on your product selection. Our recruited sellers receive a lot of
support and perks that our ‘normal’ sellers don’t get and, given the amount of
revenue our sellers are capturing for themselves and how flexible the program is, I
felt it was worth bringing to your attention to discuss a bit further. Please let me
know if you have some time to discuss further.”
· On August 10, 2017, 3rjoel sent a solicitation message to an eBay member-seller
stating in part: “I work at Amazon and would be interested to know if you’d like
Case 5:19-cv-04422 Document 1 Filed 07/31/19 Page 22 of 32