Tortious interference with contract refers to your contract with Amazon. When someone makes a complaint against you, they are interfering with your contract with Amazon by making that complaint, knowing full well that it can cause a suspension of your account.

In New York, a claim for tortious interference with contract requires:

1) A valid contract existed
2) A third party knew about the contract
3) That third party intentionally and improperly procured the breach of contract
4) The breach resulted in damages from the individual to the plaintiff

How does that happen?

Anyone who sells or deals with Amazon knows that all sellers must enter into a Business Solutions Agreement (BSA) with Amazon. By being a seller, you have to be in contract with Amazon. That automatically shows that they have, or should have, knowledge.

As per Amazon:

This Amazon services business solutions agreement (The Agreement) contains the terms and conditions that govern your access to and use of the services and is an agreement between you or the business you represent and Amazon. By registering for or using the services, you (on behalf of yourself or the business you represent) agree to be bound by the terms of this agreement, including the service terms and program policies that apply for each country for which you register or elect to use a service (In each case, the “elected country”).

When you file infringement paperwork, you know the consequences. You are told that the infringement could result in the suspension of the individual’s account against whom you are filing. You are very well aware of the damages that are incurred. If they are suspended, that is a termination of the contract you were aware that existed between this seller and Amazon.

So, if they act and they falsely file a counterfeit complaint knowing that you are in a contract with Amazon, the only conclusion there is that they were trying to breach your contract with Amazon and terminate that relationship.

If this is the case, a seller may have a claim for damages and may be able to bring a cause of action for tortious interference with contract.

There are significant damages associated with a false counterfeit claim.

If the complainant knowingly or negligently made a false complaint saying that you sell counterfeit goods, there is recourse available to Amazon sellers.

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