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AMAZON Sues 1114 FIVERR Sellers


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Amazon Files Suit Against Individuals Offering Fake Product Reviews On Fiverr.com

Now Amazon is continuing its crackdown on fake reviews by going after individuals who provide these sort of fake reviews – this time, those who used the online freelancing marketplace fiverr.com.

Only a few individuals who used Fiverr to solicit jobs are used as example in the suit directly, but an attached “Exhibit A” offers a lists containing 1,114 Fiverr users. They’re called out by their Fiverr usernames only, which indicates that Amazon may not have their complete personal information. The lawsuit would be a first step at gaining that info from Fiverr’s logs.

Excerpted from TechCrunch article by Sarah Perez – 10/17/2015

(Scribd) http://www.scribd.com/doc/285422882/Amazon-Complaint

Sellers of illegal VIDEOHIVE animations - You are next.

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Although people seem to have been making a decent amount of money from providing fake reviews, and admittedly I used to provide that service, it is against Fiverr’s ToS and also not beneficial to any party involved, really. Users providing the reviews are now potentially in trouble with the law, customers purchases products with fake reviews will be sorely disappointed in a mis-rated product, and users buying reviews will likely receive negative reviews from true customers purchasing their products and I would imagine will eventually run into legal troubles with Amazon as well after they get a hold of the freelancers.

I am experiencing a bit of schadenfreude myself at people breaking rules finally “getting what’s coming to them” but I just hope that this’ll open people’s eyes to trying to bend and break rules for a measly 5 bucks - can’t get a lawyer for that cheap!

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I’ve noticed a recent flurry of inbox messages referring to my Ghostwriting gig (blog posts) from buyers asking if I’m willing to do reviews. I also had someone contact me through FB (they found me - I did not give them info) because the found a Google cache of my Kindle Unlimited gig that offered only real critiques on books I read.

That gig is paused, but the person asked if I would do a KU review under that gig through Fiverr even though the gig description is clear that I don’t. I saw this in another lawsuit article:

“According to court records, Amazon went so far during its investigation as to hire several of the people now listed in the suit to actually write fake reviews.”

favicon-32x32.pngGeekWire – 16 Oct 15
amazonrev-620x411.jpg

After undercover sting, Amazon files suit against 1,000 Fiverr users over fake...

Amazon continued its war against fake product reviews on Friday, filing a lawsuit against more than 1,000 people it says offered to write fake reviews of products listed on Amazon’s e-commerce…

Makes me wonder if those recent contacts I’ve been getting are related. I’m glad I said no! Most of my gigs were paused in September because I had another life issue that slowed me down, so it’s hard to turn down gigs, but those kind cost too much in ethics and plain risk.

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It’s overdue and it’s time to clean fiverr. Maybe fake video testimonials are next. Several states including NY have made it illegal to use a fake video testimonials to gain profit. Although many large companies have been doing it for years. Of course those big companies are exempt! Watch out for fake legal consulting services and contracts that say they are lawyers but are not. Remember, fiverr is anonymous! But, I do wonder if fiverr and or paypal will hand over the identities of the 1114 sellers that are in the suit?

Update to post: This also opens the doors for companies including Youtube, Twitter, Google and others to sue those posting fake likes, tweets, back links. So, be careful and stay clean. Remember the old saying… what goes around comes around.

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This is just going to be the first round in crackdowns…I agree and absolutely can see other companies following the trend to sue like YT, FB, Instagram…People are always going to cheat, but with anything it sometimes just takes the first person/company to stand up and fight to help change things for the better.

I am actually kind of surprised that I just searched Fiverr to see how many Amazone review gigs are still live, and there are thousands. I would have though that Fiverr would have suspended them all, not just the ones named in the suit.

BUt this is quite interesting. Though Sellers should know that it’s against the Terms of Use of both Fiverr and Amazon, and the people selling books on Amazon who are buying these fake reviews should know they cannot violate their contact with Amazon buy buying them, so it’s a whole ring of people doing some not so good things.

I think it could have some ripple effects on the Fiverr platform tightening a few things up. Especially if undercover cops are investigating by buying…

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This is just the beginning as this Amazon complaint was apparently started with some of the buyers here going and complaining to FTC on an upcoming lawsuit against fake reviews, online intimidation etc. We should hear more about the trigger that started this investigation in this week. It is much much bigger than what we know so far.

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You mean the sellers on Fiverr, or do you mean the sellers on Amazon, complained about fake reviews?

Oh and I have no doubt this is going to be huge and potentially change the industry on Fiverr and every other Freelance site that lets this happen. Although I am betting they are after Fiverr specifically because they even went to the extent of almost “naming” them in their Terms of Use where they say something like paid reviews are against the rules, especially those sold for $5…or something like that, so they have always been inferring Fiverr in my opinion because that is probably the biggest place they are coming from

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I mean that some of the Fiverr buyers had gone to FTC and complained about multiple issues and it seemed that FTC looked at all the adverts including Amazon and other Negative SEO adverts and sent out notices to major platforms in this regard. Amazon buyers and sellers have no clue that the reviews are fake and are coming from Fiverr specifically.

It seems that Amazon took action due to this and others are following suit.

Press Releases as Link Building Services, SEO Ranking Services and other activities bordering on illegal under the new Trans Pacific Treaty are being targeted. DRM removal services, KeyGen, Malicious Negative Reviews, Intimidation is all being targeted. The buzz is that while the fake reviewers are probably harmless in the real sense, there is a large aggregation of malicious networks online which are being targeted.

Fiverr and Paypal will have already received civil subpoenas to disclose the names of the sellers including their paypal accounts etc and till Fiverr and Paypal discloses the names and hands them over, they are in the clear. They are just a platform but you are right, this will have a domino effect on freelance services all across the board.

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Fiverr has an office in USA (NYC) and any organization that has operations within United States through a subsidiary or parent would be required to oblige with the civil subpoena. The civil subpeona can be challenged within the court system and if not complied with after court directs so can lead to related action while entering United States.

The USG and DOJ has a lot of power over the banking transactions and online payments and can exert pressure using them. In anycase, Fiverr maintains that they are a platform and are not liable for the actions of the users so they would be complying.

The complaint filed on the link below already states that Fiverr is assisting Amazon with this issue and Amazon will be updating the handle names with the names of each party. In all likelihood, the updated complaint will have additional exhibit highlighting the names of each party, their handle name and their country of origin.

(Scribd) http://www.scribd.com/doc/285422882/Amazon-Complaint

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This is a junk lawsuit, Fiverr has no claim and if the judge is an ethical man, he will throw this lawsuit away and make Amazon pay Fiverr’s attorneys fees. . While commercial speech does not enjoy the same protection as free speech, it still enjoys protection. We have the right to review anything and everything. Has Fiverr ever heard of Yelp? I don’t remember Yelp suing all those people who left nasty reviews regarding the dentist who killed the lion.

Yes, some people get paid to read books and leave positive reviews. So what? How is that different from Big Shot Publisher telling every employee- “Hey guys, Stephen King just published a book, I want you to read it and leave a positive review.” It’s no different.

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@fastcopywriter
@misscrystal

In no way is this a junk lawsuit.

Fiverr Sellers who did this have Breached their Contract in the TOS of both AMAZON and FIVERR.

AMAZON filed Claims for Relief based on: Breach of Contract, Consumer Protection Act, Intentional Interference With Contractual Relations, Unjust Enrichment/Restitution and Accounting.

This is not and never was a free speech issue.

You don’t get to go back on a deal and say I had my fingers crossed when I signed and agreed to abide by a binding contract because I didn’t really mean it. There are no take-backs.

Just because Big Shot Publishers and some Amazon Sellers and Halliburton and The Carlyle Group get away with shady and illegal doings does not make it right. It’s no different.

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Fully agree with Anigrams.

In addition to what he has said, the lawsuit is against the users and not Fiverr. Fiverr Policy clearly states that if the user violates the Fiverr Policy, Fiverr will not defend them, so the users are on their own.

Please also note that Unjust Enrichment has multiple criminal clauses that can be invoked by prosecutors (if they take notice of these activities and decide to pursue the case independently) which include Wire Fraud, Racketeering and other sub-clauses.

Amazon reviews can be fake but Amazon has no way of proving that they are paid for fake reviews. This is a case of paid for fake reviews, which is treated as economic interference with those who are ethically trying to sell their products.

Paypal will also provide all the names promptly under the Civil Subpoena and then Amazon may use to pursue 2nd Tier cases in the country of origin of the named sellers. Amazon may settle the case on case by case with each seller basis how the named parties respond. Last time Amazon settled such case, the settlement payments were anywhere from between 7500 USD to 3.5 M USD each party plus legal costs.

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The court where this has been filed has been known to pretty harsh with violations of any contractual terms and the Federal Appeals Courts have their position on contractual violation pretty clear i.e pursue the violators to the full extent. This is not a free speech issue as it involves a paid service as a transaction. Unpaid Reviews can be considered free speech, not these ones. In addition, the Amazon undercover investigators have diligently taken screenshots of the communications between sellers and buyers and they are a part of the exhibits.

This will end up very differently and may impact freelancers work all over the place which is sad as most of the freelancers are trying to earn money honestly.

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“Unpaid Reviews can be considered free speech, not these ones.”

If that’s the case, then book writers who sell their books for profit don’t have the same First Amendment rights as bloggers and others who publish eBooks for free. However, that is not the case, Citizens United for example protects the First Amendment rights of corporations and groups. If Billy and his million friends want to buy political advertising that attacks a candidate, that speech is protected.

"the Amazon undercover investigators have diligently taken screenshots of the communications between sellers and buyers and they are a part of the exhibits. "

That sounds like entrapment, you pretend to be someone else, place an order, give instructions, and then go against the seller.

"This will end up very differently and may impact freelancers work all over the place which is sad as most of the freelancers are trying to earn money honestly. "

We shall see if that happens, I wouldn’t be too sure. Amazon has an attitude problem, they think they’re above the constitution. If Amazon wanted to close accounts of fake reviewers, I would understand that. But to sue them? That crosses the line, that’s the kind of thing that the ACLU gets involved. In this country, we have individuals rights.

Believe me, Amazon is gonna start getting a lot of hell. Those reviewers have friends, family, they are not alone.

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First of all, I don’t remember reading any contract when I signed up on Amazon.

Secondly, Fiverr’s PR people have DEFENDED paid reviews in the media. In the Buyer’s Request section, there’s even a category called “reviews.”

Thirdly, Fiverr doesn’t prohibit this gig. Fiverr prohibit x-rated gigs, erotica gigs, reviews are fine. You just have to make sure not to use the words Amazon, Yelp, Google, or any that draw attention to them. Because if they complain about your gig, Fiverr has to take it down. However, if you have a Review gig that says “social media” or just “positive reviews,” that’s safe.

This is a free speech issue. A review is opinion, and whether the opinion is paid or unpaid is irrelevant, opinion is the highest form of free speech. If you say, “In my opinion, Jerry is a criminal” you can’t be sued for defamation because “in my opinion” means you’re not stating a fact. This is why the newsmedia uses the word “allegedly” a lot. "

Furthermore, in a defamation/libel defense, you have to prove damages, you have to prove the speech itself hurt you. Amazon can’t prove it, there’s no way to prove that people don’t buy books because of paid reviews. In fact, Amazon has BENEFITED from paid reviews. How many people have joined Kindle Unlimited to write paid reviews? How many have gig extras to get the money to buy books?

If Amazon sues reviewers, then reviewers can sue Amazon to get their money back. Then people who paid for reviews might sue Fiverr because they didn’t get what they bought. See the mess this will create? I don’t think Fiverr wants that, I also don’t think Amazon wants bad press.

Furthermore, you have no proof of Amazon Sellers, Halliburton, and The Carlyele Group doing anything illegal. Show me the convictions, show me the charges, show me the evidence? You can’t, because you have none.

If I sell books, it’s not illegal for me to buy reviews. In fact, Amazon even lets me “gift” my books to people if I want to, people who might will most likely leave a positive review.

Talk to a lawyer, you’ll see I’m right.

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If Amazon Sellers don’t know that their own book has fake reviews, do you mean that the Author of a book let’s, say, who simply hired someone to help them do SEO and get better promotions complained because they found out the people they hired were buying illegal reviews?

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