How to Deal with Account Suspension on Marketplaces

Account suspension on marketplaces such as Mercado Livre, Amazon, or Shopee is a serious problem that can directly impact sellers' sales and revenue. If this happens to you, it's essential to know how to proceed in order to resolve the situation effectively.

1. Try to Resolve the Issue Administratively

The first step a seller should take is to try to resolve the issue directly with the marketplace, through chat or email. This approach serves two important purposes:

Trying to Solve the Problem: Although not very common, there are cases where the marketplace itself is able to resolve the issue through administrative support channels.

Building Evidence: Even if the problem is not resolved at this stage, the record of contact attempts can be used as evidence in a possible future lawsuit.

2. Extrajudicial Notice: A Possibility!

During administrative attempts, it is common for sellers to be handled by automated bots, which makes resolving the issue more difficult. In these cases, an effective alternative is to send an extrajudicial notice (notificação extrajudicial, a formal written notice sent outside of court proceedings) to the marketplace. This notice can be sent without the help of a lawyer, but having a legal professional assist can significantly increase the chances of success in this extrajudicial attempt. With a lawyer, the document can be drafted in a more technical and strategic way, which tends to result in a more effective response from the marketplace.

3. Legal Action: When Is It the Best Option?

If the administrative attempt and the extrajudicial notice do not produce results, or if the suspension is causing a significant impact on your sales, it may be time to consider taking legal action.

It's important to note that the administrative attempt is not a mandatory prerequisite for filing a lawsuit. This means that, depending on the situation, the seller may choose to file the lawsuit directly, especially in cases where the marketplace's wrongdoing is evident. In these circumstances, the seller can seek a liminar (a preliminary injunction), which is a court order for the immediate reinstatement of the account, while the lawsuit proceeds.

Examples of situations where legal action may be the best alternative from the outset include:

Trademark Registration with INPI: If the seller holds a trademark registration with INPI (Brazil's National Institute of Industrial Property) and sells exclusively products under that brand, yet the platform still suspends their account, a lawsuit may be the best solution.

Intellectual Property Infringement Claims: When there is an allegation of intellectual property infringement, but the seller does not sell products from other brands, does not use third-party photos, and does not mention brand names in the listing title, legal action may be necessary to have the account reinstated.

Conclusion

If your marketplace account is suspended, acting quickly is crucial. While the administrative attempt is recommended as a way to build evidence, it is not mandatory to go through this step before filing a lawsuit. Depending on the severity of the situation, legal action may be the best path from the very beginning. This way, you protect your business and minimize the impact of an unexpected suspension.