How to Handle Account Suspension on Marketplaces

Account suspension on marketplaces like Mercado Livre, Amazon, or Shopee is a serious issue that can directly impact a seller’s sales and revenue. If this happens to you, it's crucial to know how to proceed to resolve the situation effectively.

1. Try to Resolve Administratively

The first action 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:

• Attempt to Resolve the Problem: Although not very common, there are cases where the marketplace itself can resolve the issue through administrative support.

• Gather Evidence: Even if the problem is not resolved at this stage, the record of contact attempts can be used as evidence in a potential future legal action.

  
  

1. Extrajudicial Notification: An Option!

During administrative attempts, it is common for sellers to be dealt with by automated systems, making problem resolution difficult. In such cases, an effective alternative is to send an extrajudicial notification to the marketplace. This notification can be made without a lawyer, but professional assistance 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 manner, which tends to result in a more efficient response from the marketplace.

1. Judicial Action: When Is It the Best Option?

If administrative attempts and the extrajudicial notification do not work, or if the suspension is significantly impacting your sales, it may be time to consider legal action.

It’s important to highlight that administrative attempts are not a mandatory prerequisite for filing a judicial action. This means that, depending on the situation, the seller may choose to proceed with the action directly, especially in cases where the marketplace's illegality is evident. In these circumstances, the seller may seek a preliminary injunction, which is a court order for the immediate unlocking of the account while the judicial process continues.

Examples of situations where judicial action might be the best option from the start include:

• Trademark Registration with INPI: If the seller has a trademark registered with INPI, sells exclusively products of that brand, and the platform still suspends their account, a judicial action may be the best solution.

• Intellectual Property Violation: When there is an allegation of intellectual property violation, but the seller does not sell products from other brands, does not use third-party photos, and does not mention brands in the listing title, legal action may be necessary to unlock the account.

  
  

Conclusion

In the case of account suspension on marketplaces, acting quickly is crucial. While administrative attempts are recommended to gather 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 beginning. This way, you protect your business and minimize the impact of an unexpected suspension.