⚖️ E-Commerce Demand Letter Resource Hub

Attorney-grade legal guidance for online sellers dealing with supplier disputes, marketplace suspensions, payment holds, counterfeit claims, and customer conflicts

3.2% Avg. Chargeback Rate
$18K Avg. Supplier Dispute
45 Days PayPal Hold Duration
76% Settle Pre-Litigation
🛒 E-Commerce Demand Letters: Strategic Overview

E-commerce businesses face unique legal challenges across the entire supply chain—from overseas suppliers to marketplace platforms to end customers. Each dispute type requires specialized legal strategies and documentation.

⚖️ What This Resource Provides
This is a comprehensive, attorney-grade resource hub covering all aspects of e-commerce demand letters. You'll find:
  • Detailed analysis of each dispute type with real-world examples
  • Strategic guidance on when to send demand letters vs. escalate
  • Sample language and templates for common scenarios
  • Interactive tools including a demand letter generator and risk analyzer
  • Prevention strategies to minimize future disputes
  • Professional legal services when DIY approaches aren't sufficient
📊 Common E-Commerce Dispute Types
Dispute Type Avg. Amount Typical Duration Settlement Rate
Supplier/Vendor $8K-$35K 60-120 days 65%
Marketplace Suspension $12K-$50K (lost sales) 30-90 days 45%
Payment Processor Hold $5K-$25K 45-180 days 70%
Customer Chargeback $100-$2K 30-90 days 55%
Counterfeit/IP Claim $10K-$100K 90-365 days 60%
⚠️ Critical Timing Issues:
E-commerce disputes often involve strict deadlines. Amazon appeal windows (17 days), chargeback response periods (7-10 days), and PayPal claim deadlines (20 days) can permanently affect your ability to recover funds or reinstate accounts. Acting quickly with proper documentation is essential.
📈 When to Use Demand Letters in E-Commerce
✅ Strong Candidates for Demand Letters
  • Supplier breaches: Defective goods, late delivery, quantity shortfalls with clear documentation
  • Payment holds: Unjustified reserves, policy violations, frozen funds with no valid reason
  • Customer disputes: False chargebacks, return fraud, unjust negative reviews
  • Marketplace issues: Wrongful suspensions, competitor manipulation, policy misapplication
  • Contract breaches: Exclusive agreements violated, pricing terms not honored
⚠️ Weak Candidates for Demand Letters
  • Overseas suppliers with no US presence: Enforcement is nearly impossible
  • Anonymous platforms: No identifiable defendant for future litigation
  • Small amounts (<$500): Legal costs exceed recovery potential
  • No documentation: Verbal agreements, lost emails, missing invoices
  • Policy violations you committed: Fighting legitimate enforcement actions
💡 Strategic Tip: The most effective e-commerce demand letters combine (1) specific damages calculations, (2) platform policy citations, (3) documented evidence, and (4) clear next steps. Generic threats without specifics rarely produce results and may damage your credibility with platforms.
📦 Supplier & Vendor Demand Letters

Supplier disputes are the foundation of most e-commerce legal problems—defective products cascade into customer complaints, returns, chargebacks, and potential product liability claims. A properly drafted demand letter can recover losses and prevent future issues.

🎯 Common Supplier Dispute Scenarios
1. Defective Merchandise
Issue: Supplier delivers products that don't meet specifications, are defective, or fail quality standards.

Your Losses:
  • Cost of defective inventory (often unsellable)
  • Customer refunds and returns processing
  • Marketplace penalties and account health degradation
  • Replacement product costs and expedited shipping
  • Lost sales during out-of-stock period
  • Negative reviews damaging future sales
Demand Letter Strategy: Itemize each category of damages with documentation. Include inspection reports, customer complaints, marketplace penalties, and replacement costs. Demand full refund plus consequential damages.
2. Late Delivery / Missed Deadlines
Issue: Supplier fails to deliver on time, causing stockouts during critical sales periods (holidays, Prime Day, etc.).

Your Losses:
  • Lost sales during peak selling season
  • Expedited shipping costs to fulfill customer orders
  • Late shipment rate penalties on Amazon/eBay
  • Advertising spend wasted when products unavailable
  • Opportunity cost of alternative suppliers
Demand Letter Strategy: Use marketplace sales data to prove lost revenue. Show PPC spend during stockout period. Cite liquidated damages clauses if present in contract. Demand compensation tied to specific, measurable losses.
3. Quantity Shortfalls
Issue: Supplier delivers less than ordered quantity but charges full price, or uses incorrect weight/count.

Your Losses:
  • Overpayment for goods not received
  • Stockout losses due to insufficient inventory
  • Additional reorder costs (setup fees, shipping)
Demand Letter Strategy: Provide receiving documentation, inventory counts, third-party inspection reports. Calculate price-per-unit overpayment. Demand refund and discount on future orders.
4. Counterfeit or Unauthorized Products
Issue: Supplier claims products are genuine but delivers counterfeits or gray market goods.

Your Losses:
  • Marketplace account suspension (potentially permanent)
  • Inventory seizure by platform or brand owner
  • Brand owner legal claims against you
  • Lost seller account value and reputation
  • Inability to sell seized inventory
Demand Letter Strategy: This is the highest-stakes scenario. Demand full refund plus all consequential damages from account suspension. Threaten fraud/misrepresentation claims. Consider criminal referral for wire fraud if supplier knowingly misrepresented authenticity.
📝 Essential Elements for Supplier Demand Letters
Element Purpose Documentation Needed
Purchase Order Prove terms and specifications Signed PO, email confirmation, payment proof
Quality Issues Demonstrate defects Photos, inspection reports, customer complaints
Damages Calculation Quantify losses Sales data, refund reports, marketplace penalties
Mitigation Efforts Show you minimized damages Replacement sourcing, customer communications
Deadline & Consequences Create urgency Clear payment deadline, next steps specified
⚠️ Overseas Supplier Challenges:
Many e-commerce businesses source from Chinese, Indian, or Southeast Asian suppliers. If your supplier has no US presence, legal enforcement is extremely difficult and expensive. Consider these factors:
  • Alibaba Trade Assurance: File claim within coverage period
  • Credit card dispute: Charge back within 60-120 days
  • Inspection companies: Use SGS, Bureau Veritas for QC before payment
  • Escrow services: Hold payment until delivery verified
  • Letter of credit: Bank-intermediated payment for large orders
Demand letters to overseas suppliers work best when combined with payment reversal mechanisms, not as standalone tools.
✅ Success Strategy - Certified Mail + Email:
For maximum effect, send demand letters via:
1. Certified mail with return receipt (creates legal proof of delivery)
2. Email to all known addresses (faster response, shows good faith)
3. Portal messaging (Alibaba, trade platform) if applicable

The combination demonstrates seriousness while preserving proof of delivery for potential litigation.
🏪 Marketplace Suspension & Account Disputes

Amazon, eBay, Etsy, and other marketplace suspensions can destroy e-commerce businesses overnight. While demand letters to the platforms themselves rarely work (they're not legally required to provide selling privileges), demand letters can be effective against third parties who caused wrongful suspensions.

🎯 When Demand Letters Work for Marketplace Disputes
✅ Competitor Manipulation (Strong Case)
Scenario: Competitor files false IP complaints, fake buyer accounts leave fraudulent negative reviews, or competitor manipulates platform algorithms to trigger your suspension.

Target of Demand Letter: The competitor (not the marketplace)

Legal Claims:
  • Tortious interference: Intentional interference with business relationships
  • False statements: Fraudulent IP claims, fake reviews
  • Unfair competition: Deceptive business practices under state law
  • Defamation: If fake reviews damaged reputation
Demand Letter Strategy: Include evidence of competitor's involvement (IP addresses, account patterns, timing analysis). Demand retraction of false claims, monetary damages, and cease-and-desist.
⚠️ Platform Policy Disputes (Weak Case)
Scenario: Amazon/eBay suspended you for alleged policy violations, performance metrics, or authenticity complaints.

Target of Demand Letter: The platform itself

Reality Check: Demand letters to platforms rarely work because:
  • Platform terms of service allow suspension at will
  • You agreed to arbitration clauses
  • No contract right to selling privileges
  • Platforms have massive legal teams and don't respond to threats
Better Strategy: Focus on platform's internal appeal process, Performance Team escalations, and executive escalations rather than legal threats.
📊 Platform-Specific Considerations
Platform Appeal Window Common Suspension Causes Reinstatement Rate
Amazon 17 days typically Performance metrics, authenticity, IP complaints, restricted products ~40%
eBay Varies (often none) Below Standard status, VeRO program, prohibited items ~35%
Etsy Usually immediate Handmade policy, trademark issues, transaction fraud ~45%
Walmart 30 days Product quality, customer metrics, restricted categories ~50%
Shopify Immediate ban Prohibited products, high-risk industries, chargebacks ~25%
🎯 Strategic Approaches to Marketplace Disputes
1. Internal Escalation First
Before sending demand letters, exhaust internal remedies:
  • Seller Performance Team: Submit detailed Plan of Action (POA)
  • Executive Escalations: jeff@amazon.com still works for serious cases
  • Brand Registry: Use if you're brand owner with more leverage
  • Selling Partner Support: Escalate through multiple tiers
Legal threats before exhausting these options can backfire by antagonizing platform staff.
2. Arbitration Demands
Amazon and most platforms require binding arbitration. Strategic considerations:
  • Cost deterrent: Filing arbitration ($1,500+ fees) gets attention
  • Settlement leverage: Platforms often settle to avoid arbitration costs
  • Limited remedies: Arbitrator can't order reinstatement, only damages
  • Mass arbitration: Consider if many sellers affected by same issue
Arbitration demand letters (stating intent to file) can prompt settlement discussions.
3. Third-Party Liability Claims
Most effective demand letters target third parties who caused suspension:
  • Brand owners: False or bad faith IP complaints
  • Competitors: Fraudulent negative reviews, manipulation
  • Service providers: Listing services, prep centers that violated policies
  • Suppliers: Sold inauthentic goods causing authenticity complaints
These parties don't have marketplace immunity and can be held liable for damages.
⚠️ Critical Timing: Amazon's 17-Day Window
Amazon typically gives sellers 17 days to submit appeals. After that, your account may move to permanent suspension status with no further appeal rights. Don't waste time on demand letters to Amazon in the first 14 days—focus on perfecting your Plan of Action. Only consider legal escalation after appeal denials.
💡 Professional Legal Services for Suspensions:
Marketplace suspensions often require specialized expertise in platform policies, not just general demand letter drafting. Professional assistance is particularly valuable for:
  • Accounts with $10K+ monthly revenue
  • Suspensions involving IP/authenticity (high reinstatement difficulty)
  • Multiple appeal denials
  • Suspected competitor manipulation
See the "Legal Services" tab for consultation options.
💳 Payment Processor Holds & Frozen Funds

PayPal, Stripe, Square, and other payment processors routinely hold or freeze merchant funds—often without warning and with minimal explanation. These holds can last 45-180 days and represent an existential threat to cash flow.

🎯 Common Payment Hold Scenarios
1. Reserve Holds (Rolling or Fixed)
What It Is: Processor holds 10-30% of each transaction for 30-180 days as protection against chargebacks and refunds.

Common Triggers:
  • High-risk industries (supplements, electronics, digital goods)
  • Sudden sales volume increase
  • New merchant account (<6 months)
  • Previous chargeback history
  • High average transaction amounts
Demand Letter Strategy: If reserve is excessive compared to actual risk (low refund/chargeback rate), document your low-risk profile and demand reduction or release. Most effective with 6+ months of clean processing history.
2. Account Freezes (Suspicious Activity)
What It Is: Processor freezes entire account balance, often due to automated fraud detection systems.

Common Triggers:
  • Large single transactions (10x+ average)
  • Rapid transaction volume increase
  • International transactions from high-risk countries
  • Customer complaints or chargebacks
  • Match with prohibited business list
Demand Letter Strategy: Provide business documentation (incorporation docs, tax returns, inventory receipts) proving legitimacy. Demand specific explanation of "suspicious activity" and deadline for review. Cite breach of merchant agreement if hold is unjustified.
3. Policy Violation Termination
What It Is: Processor terminates merchant account and holds funds for 180 days, claiming policy violations.

Common Violations Cited:
  • Selling prohibited items (weapons, CBD, adult content)
  • Misrepresentation of business type
  • Excessive chargebacks (>1-2% of transactions)
  • Delayed fulfillment / pre-sales
  • Terms of Service violations
Demand Letter Strategy: Challenge specific violation claims with documentation showing compliance. If termination was wrongful, threaten breach of contract and tortious interference claims. Demand immediate release of funds or shortened hold period.
📊 Payment Processor Comparison
Processor Typical Hold Period Reserve Percentage Appeal Process
PayPal 180 days standard 10-30% Email appeals, limited response
Stripe 90-120 days 20-30% high-risk Dashboard messaging, better communication
Square 120 days 10-25% Support tickets, phone escalation possible
Authorize.net 60-90 days 5-15% Bank-dependent, varies widely
Shopify Payments 120-180 days 10-30% Shopify support, Stripe backend
✉️ Demand Letter Strategy for Payment Holds
Essential Elements for Payment Processor Demands
  1. Specific hold amount and date: "$47,328.19 held since November 15, 2024"
  2. Business documentation: Incorporation, tax returns, bank statements
  3. Processing history: Low chargeback rate, high fulfillment rate, positive metrics
  4. Customer satisfaction: Positive reviews, low refund rate
  5. Harm caused by hold: Cannot pay suppliers, employee payroll delayed, credit damaged
  6. Contractual breaches: Cite merchant agreement terms violated by processor
  7. Regulatory complaints: Mention intent to file CFPB or state AG complaints
  8. Deadline: 10-14 days typical, with escalation plan stated
⚠️ PayPal's 180-Day Hold Is Usually Enforceable:
PayPal's User Agreement explicitly allows 180-day holds for risk management. Legal challenges rarely succeed unless you can prove:
  • Arbitrary enforcement: Other similar merchants not subject to holds
  • False policy violation claims: Processor cited violations that didn't occur
  • Bad faith: Hold imposed to avoid paying out legitimate funds
  • State law violations: Unfair business practices under state law
Demand letters work best when combined with regulatory complaints (CFPB, FTC, state Attorney General).
✅ Multi-Pronged Approach Works Best:
For payment holds over $10,000, use this strategy:
  1. Day 1-7: Exhaust internal appeals, provide all requested documentation
  2. Day 8-14: Send demand letter via certified mail + email, citing specific breaches
  3. Day 15: File CFPB complaint (www.consumerfinance.gov/complaint)
  4. Day 20: File state Attorney General complaint
  5. Day 30: Consult attorney for litigation evaluation
CFPB complaints often trigger processor reviews within 15 days, sometimes leading to early release.
💡 Prevention: Diversify Payment Processors
Never rely on a single payment processor. Maintain accounts with 2-3 processors and rotate processing volume. If one freezes, you can continue operations with others while fighting the hold.
👥 Customer Disputes, Chargebacks & Fraud

Customer disputes range from legitimate complaints to outright fraud. While you can't send demand letters to every difficult customer, certain scenarios justify formal legal demands—particularly fraud, defamation, and organized return fraud schemes.

🎯 When to Send Customer Demand Letters
1. Chargeback Fraud (High Priority)
Scenario: Customer receives product, confirms delivery, then files credit card chargeback claiming "item not received" or "unauthorized charge."

Your Evidence:
  • Delivery confirmation with signature
  • IP address matching customer's location
  • Customer messages confirming receipt
  • Photos customer sent showing product
  • No return initiated (proving they kept product)
Demand Letter Strategy: Demand withdrawal of chargeback, payment of chargeback fees ($15-25), and warning that you'll pursue criminal fraud charges and civil conversion claims if not resolved. Send to customer's verified address, not email alone.
2. Return Fraud / RUMS (Return Under Merchandise Standards)
Scenario: Customer returns different item, damaged item (they damaged it), empty box, or counterfeit version of your product.

Your Evidence:
  • Photos of returned item showing differences
  • Serial numbers don't match shipped product
  • Weight discrepancy documentation
  • Amazon SNS (Serial Number Scan) data if available
Demand Letter Strategy: Demand payment for actual product value (not refunded), return of genuine product, and compensation for processing costs. Threaten fraud and conversion claims. For organized fraud (multiple false returns), threaten criminal referral.
3. Defamatory Reviews
Scenario: Customer leaves provably false review containing defamatory statements (not just opinions).

Defamatory vs. Opinion:
  • Defamatory: "This seller sent me a counterfeit iPad" (false statement of fact)
  • Opinion: "Terrible customer service, product quality was poor" (opinion/subjective)
  • Defamatory: "Seller stole my credit card info and charged me twice" (false fact)
  • Opinion: "Overpriced and not worth the money" (opinion)
Demand Letter Strategy: Demand removal of defamatory content, public retraction, and damages for lost sales. Include evidence proving statements are false. Works best if you can identify customer's real identity.
4. Breach of Purchase Agreement
Scenario: Customer violates terms of sale (resale restrictions, return period, warranty terms) and demands refund or makes claims.

Examples:
  • Customer damaged product through misuse, demands warranty replacement
  • Customer exceeded 30-day return policy but demands full refund
  • Customer resold product violating license terms
  • B2B customer breached minimum purchase or exclusivity agreement
Demand Letter Strategy: Less effective for consumer transactions (courts favor consumers), more effective for B2B e-commerce where contracts are more enforceable.
⚖️ Legal Thresholds for Customer Demand Letters
Dispute Type Minimum Amount Success Rate Notes
Chargeback Fraud $200+ 60-70% Strong if delivery confirmation exists
Return Fraud $300+ 50-60% Requires clear photo evidence
Defamation $1,000+ damages 40-50% Must prove statements are false facts
Contract Breach $500+ (B2B) 65-75% Much higher success in B2B context
Organized Fraud Ring $2,000+ total 70-80% Multiple false returns = criminal fraud
⚠️ Cost-Benefit Analysis is Critical:
For most individual customer disputes under $500, the cost of sending demand letters (attorney time) exceeds potential recovery. Consider these factors:
  • Clear fraud evidence: Worth pursuing at lower amounts
  • Repeat offender: Customer has pattern of fraud across multiple sellers
  • Precedent value: Fighting fraud deters future attempts
  • Emotional investment: Don't let anger drive uneconomical legal action
Generally, demand letters for customer disputes make sense above $300 with clear fraud evidence, or above $1,000 for any dispute type.
✅ Chargeback Fraud Success Strategy:
  1. Win the chargeback first: Submit compelling evidence to payment processor
  2. If you win: Send demand letter for chargeback fees + processing costs
  3. If you lose: Send demand letter for product value + all fees, citing fraud
  4. Report to IC3.gov: FBI Internet Crime Complaint Center for fraud over $500
  5. Small claims court: Most economical enforcement for $1,500-$5,000 range
💡 Professional Collections Agencies:
For established fraud cases (chargeback won by you, clear return fraud), consider using collection agencies rather than demand letters. Typical arrangement:
  • Contingency fee: 25-40% of recovered amount
  • No upfront cost: Only pay if they collect
  • Credit bureau reporting: Damages customer's credit
  • Higher success rate: Consumers respond more to collections
This is often more cost-effective than attorney-drafted demand letters for consumer debts under $2,000.
🚫 Counterfeit Claims & Intellectual Property Disputes

IP-related disputes in e-commerce are particularly high-stakes because they can result in permanent account suspensions, inventory seizure, and significant legal liability. Demand letters play a critical role in both offensive (defending against false claims) and defensive (stopping infringers) scenarios.

🎯 Offensive: Fighting False IP Claims
1. False Counterfeit Accusations
Scenario: Brand owner falsely claims your genuine products are counterfeit, resulting in marketplace suspension or inventory seizure.

Your Evidence:
  • Authorized distributor agreements
  • Invoices from authorized suppliers
  • Letters of authenticity from manufacturer
  • Photos showing genuine trademark labels, holograms, serial numbers
  • Expert authentication (if available)
Demand Letter Strategy: Target the brand owner (not the marketplace). Demand immediate retraction of false claims, compensation for lost sales during suspension, inventory return, and public clearing of your reputation. Threaten claims for:
  • Tortious interference: Intentional interference with business relationships
  • False statements: Fraudulent IP complaints
  • Abuse of process: Misuse of IP enforcement mechanisms
  • Damages: Lost profits, account reinstatement costs, inventory loss
2. Trademark Bullying / Gray Market Disputes
Scenario: Brand owner claims trademark infringement when you're selling genuine products through legitimate gray market channels (parallel imports).

Legal Background: First Sale Doctrine generally allows resale of genuine trademarked goods. However, brands use various tactics:
  • Claiming products are "materially different" (international vs. US versions)
  • Enforcing distribution agreements prohibiting resale
  • Alleging trademark confusion due to listing variations
Demand Letter Strategy: Assert First Sale Doctrine rights, provide evidence of genuine products from legitimate sources, and demand cessation of baseless IP complaints. Consider counterclaims for abuse of process if brand has pattern of targeting legitimate resellers.
3. Patent Troll Shakedowns
Scenario: Company with dubious patent sends demand letters claiming your products infringe, demanding licensing fees.

Red Flags for Patent Trolls:
  • No actual products, just licensing business
  • Overly broad patent claims
  • Targeting hundreds of small sellers, not just you
  • Offering "settlement" for $3K-$10K (below defense costs)
  • Patent covers obvious/prior art concepts
Demand Letter Response: Challenge patent validity, request detailed claim charts showing alleged infringement, demand proof of damages, and refuse settlement. Consider invalidity counterclaims or inter partes review (IPR) if patent is clearly invalid.
🎯 Defensive: Stopping Counterfeiters
When YOU Are the Brand Owner
If you're a brand owner discovering counterfeit sellers on marketplaces:

Marketplace Tools (Use These First):
  • Amazon Brand Registry: Report-a-Violation tool, Transparency program
  • eBay VeRO Program: Verified Rights Owner takedown system
  • Etsy IP Report: Intellectual property infringement reporting
Demand Letters to Counterfeiters: Send after marketplace removal to demand:
  • Disclosure of remaining inventory quantities and sources
  • Destruction of counterfeit goods
  • Compensation for trademark dilution and lost sales
  • Permanent cease-and-desist
Challenges: Many counterfeiters operate overseas or use fake business registrations. Marketplace removal is usually more effective than demand letters for one-off sellers.
📊 IP Dispute Outcomes by Scenario
Dispute Type Demand Letter Target Success Rate Typical Resolution
False Counterfeit Claim (Genuine Goods) Brand owner who made complaint 65-70% Retraction, account reinstatement
Gray Market (First Sale) Brand owner blocking resale 50-60% Settlement allowing limited resale
Patent Troll NPE (non-practicing entity) 40-50% Nuisance settlement or dismissal
Actual Counterfeiter Counterfeit seller 30-40% Marketplace removal + small settlement
Trademark Infringement (Clear Case) Infringing seller 75-85% Cease-and-desist compliance
⚠️ IP Disputes Can Escalate Quickly:
Intellectual property disputes carry the highest litigation risk in e-commerce. Consider:
  • Statutory damages: Up to $150K per willfully infringed work for copyright
  • Treble damages: 3x actual damages for willful trademark infringement
  • Attorney fees: Prevailing party can recover legal costs in IP cases
  • Injunctions: Courts can permanently ban you from selling certain products
Don't engage in aggressive demand letter campaigns without solid legal footing. IP disputes are one area where attorney consultation before sending demands is critical.
✅ Best Practices for IP Demand Letters:
  1. Document everything: Authentication letters, invoices, distribution agreements
  2. Use registered agent addresses: Find counterparty's official legal address, not just Amazon storefront
  3. Cite specific claims: Lanham Act §1125(a), state unfair competition laws
  4. Quantify damages: Lost sales during suspension, inventory seizure value, reinstatement costs
  5. Demand specifics: Written retraction, marketplace appeal support, monetary compensation
  6. Set reasonable deadline: 14 days typical for IP demands
  7. Follow through: If no response, actually file lawsuits (empty threats hurt credibility)
✍️ E-Commerce Demand Letter Generator

Use this basic generator to create a starting point for your e-commerce demand letter. This is a template tool—you should customize the language for your specific situation and consider professional legal review for high-value disputes.

⚠️ Important Disclaimer:
This generator creates a basic template only. It is NOT a substitute for professional legal advice. For disputes involving:
  • Amounts over $5,000
  • IP/counterfeit claims
  • Marketplace account suspensions
  • International parties
Consider consulting with a licensed attorney. See the "Legal Services" tab for consultation options.
🎯 Demand Letter Risk Analyzer

Answer the questions below to assess whether sending a demand letter makes sense for your situation, and what your likelihood of success might be.

Question 1: What is the dispute amount?
Question 2: What evidence do you have?
Question 3: Where is the defendant located?
Question 4: What's your primary goal?
Question 5: Have you attempted informal resolution?
Question 6: What type of defendant?
Your Risk Assessment Score
0/60
💡 How to Interpret Your Score:
50-60 points: Excellent case for demand letter. Strong likelihood of success.
35-49 points: Moderate case. Consider demand letter with realistic expectations.
20-34 points: Weak case. Evaluate whether costs justify potential recovery.
0-19 points: Poor case. Demand letter unlikely to be cost-effective.
⚖️ Professional Legal Services

I'm Sergei Tokmakov, Esq., a licensed California attorney specializing in e-commerce legal disputes. Unlike anonymous legal services or document mills, you'll work directly with me—a licensed attorney with deep expertise in online seller disputes, marketplace suspensions, and payment processor conflicts.

✓ Licensed Attorney - CA Bar #279869
🎯 Basic Demand Letter
~$450
What's Included:
  • Attorney-drafted demand letter
  • Legal analysis of your case
  • Specific damages calculations
  • Citations to applicable law
  • Clear next steps outlined
  • Sent via certified mail + email
Best for: Clear-cut disputes, documented evidence, amounts $2,000-$10,000
RECOMMENDED FOR SERIOUS CASES
💼 Demand Letter + Lawsuit Draft
~$900
What's Included:
  • Everything in Basic, PLUS:
  • Draft lawsuit complaint prepared
  • Ready to file if demand ignored
  • Jurisdictional analysis
  • Statute of limitations review
  • Maximum leverage in negotiations
  • Demonstrates serious intent
Best for: High-stakes disputes, unresponsive counterparties, amounts $10,000+, need maximum leverage
✅ Why the Demand Letter + Lawsuit Draft Combo is Most Effective:
When recipients know a lawsuit is already drafted and ready to file, settlement rates increase dramatically. You're not making empty threats—you're demonstrating that litigation will proceed immediately if they don't respond. This approach typically:
  • Increases response rate from ~45% to ~75%
  • Speeds up settlement (recipients don't want to incur defense costs)
  • Improves settlement terms (shows you're serious, not bluffing)
  • Saves overall costs if litigation becomes necessary (complaint already drafted)
📧 Certified Mail + Email: Maximum Effect

Both service options include dual delivery via certified mail with return receipt (creates legal proof of delivery) and email to all known addresses (faster response, shows good faith effort). This combination is the most effective approach for demand letters.

📅 Schedule a Consultation
30-minute case evaluation to discuss your e-commerce dispute
📞 Contact Information
Sergei Tokmakov, Esq.
California Bar #279869
Email: owner@terms.law
Website: terms.law
💡 What to Prepare for Your Consultation:
  • Chronological summary of events
  • All relevant documentation (contracts, emails, invoices)
  • Damages calculation or estimate
  • Defendant's contact information
  • Your desired outcome
Having these materials organized will maximize the value of your consultation.
🛡️ Preventing E-Commerce Disputes

Prevention is exponentially cheaper than resolution. Implementing these practices reduces disputes by 50-70% while building sustainable business practices.

📦 Supplier Relationship Best Practices
1. Quality Control Systems
  • Pre-shipment inspections: Use SGS, Bureau Veritas, or similar
  • Sample approval: Never skip sample orders before bulk production
  • Detailed specifications: Written specs with photos, measurements, tolerances
  • Inspection rights: Contract terms allowing factory visits
  • Quality standards: AQL (Acceptable Quality Level) requirements in contracts
2. Payment Protection Mechanisms
  • Alibaba Trade Assurance: Escrow protection for orders
  • Letters of credit: Bank-intermediated payment for large orders ($20K+)
  • Staged payments: 30% deposit, 70% on delivery verification
  • Credit card payments: Chargeback rights for small orders
  • Never use Western Union/wire: Zero recourse for fraud
3. Contract Essentials
Every supplier relationship should have written agreements covering:
  • Quality specifications: Detailed product requirements
  • Delivery deadlines: With liquidated damages for delays
  • Inspection rights: Your right to inspect before acceptance
  • Warranties: Product defect remedies and timelines
  • Liability caps: Consequential damages provisions
  • Jurisdiction: Which country's laws apply, where disputes resolved
🏪 Marketplace Account Protection
Performance Metrics Management
  • Order defect rate: Keep below 1% (Amazon), below 2% (eBay)
  • Late shipment rate: Ship on time 95%+ consistently
  • Cancellation rate: Avoid pre-fulfillment cancellations
  • Valid tracking rate: Always use trackable shipping methods
  • Monitor daily: Check Seller Central/account health daily
  • Buffer inventory: Never let popular items go out of stock
IP Compliance & Authenticity
  • Source verification: Buy only from authorized distributors
  • Letters of authenticity: Obtain for all brand-name products
  • Avoid counterfeits: "Too good to be true" prices are red flags
  • Brand relationships: Get written authorization for selling brands
  • Documentation retention: Keep invoices showing authorized sourcing
  • Amazon Transparency: Enroll if you're a brand owner
💳 Payment Processor Risk Management
Reducing Hold/Freeze Risk
  • Gradual scaling: Increase volume gradually, not overnight spikes
  • Detailed product descriptions: Clear, accurate listing information
  • Transparent refund policy: Prominently displayed, fair terms
  • Fast fulfillment: Ship same-day or next-day when possible
  • Communication: Respond to customer inquiries within hours
  • Chargeback prevention: Get signature confirmation on high-value orders
  • Multiple processors: Maintain backup payment processors
👥 Customer Dispute Prevention
Reducing Chargebacks & Returns
  • Accurate photos: Show exact product, not stock photos
  • Detailed descriptions: Dimensions, materials, limitations clearly stated
  • Proactive communication: Shipping updates, delivery confirmations
  • Quality packaging: Prevent damage in transit
  • Fair return policy: 30-day returns reduce chargeback risk
  • Excellent customer service: Resolve issues before chargebacks filed
  • Order confirmation emails: With contact info for questions
Fraud Detection & Prevention
  • Address verification: Match billing and shipping addresses
  • Signature required: For orders over $100-200
  • Fraud scoring: Use MaxMind, Signifyd, or similar services
  • Email/phone verification: Contact customers on high-risk orders
  • Limit quantities: Flag orders for 10+ of same item
  • IP geolocation: Flag if IP doesn't match shipping location
  • Blacklist known fraudsters: Maintain list of problematic customers
✅ The 80/20 Rule for E-Commerce Dispute Prevention:
Focus on these high-impact actions that prevent 80% of disputes with 20% of effort:
  1. Sample orders before bulk (prevents supplier defect disasters)
  2. Pre-shipment inspection (catches quality issues before receiving)
  3. Same-day shipping (prevents late shipment rate issues)
  4. Signature confirmation $100+ (prevents "item not received" fraud)
  5. Proactive customer communication (resolves issues before escalation)
These five practices alone prevent the majority of e-commerce legal disputes.
❓ Frequently Asked Questions
Q: How much does it cost to send a demand letter?
A: Demand letter: Flat fee $450. Hourly rate: $240/hr. Contingency: 33-40%. The "Legal Services" tab has pricing details for my services.
Q: What's the success rate of e-commerce demand letters?
A: Success rates vary by dispute type:
  • Supplier disputes with documentation: 60-70%
  • Payment processor holds: 45-55%
  • Chargeback fraud: 55-65%
  • Marketplace suspensions: 30-40% (highly variable)
  • IP/counterfeit claims: 50-70% depending on strength
Key factors affecting success: quality of evidence, amount in dispute, defendant's location, legal merit of claims.
Q: Should I send demand letters to overseas suppliers?
A: Demand letters to overseas suppliers (especially China, India, Southeast Asia) have limited effectiveness unless combined with payment reversal mechanisms. Better strategies:
  • File Alibaba Trade Assurance claim (if used)
  • Credit card chargeback (within 60-120 days)
  • Use inspection companies BEFORE payment
  • Letters of credit for future orders
Send demand letters mainly to establish record for payment disputes, not expecting direct compliance.
Q: Can I send a demand letter to Amazon/eBay/Etsy?
A: You can, but it rarely works. Marketplaces have broad contractual rights to suspend accounts and don't respond well to legal threats from sellers. Better approach:
  • Focus on platform's internal appeal process first
  • Executive escalations (jeff@amazon.com)
  • Send demand letters to THIRD PARTIES who caused suspension (competitors, false claimants)
  • Consider arbitration demands (required by Amazon terms)
Legal action against platforms works best AFTER exhausting internal remedies.
Q: What's the minimum amount to justify a demand letter?
A: General guidelines:
  • $2,000+: Usually economical for attorney-drafted demand letters
  • $500-$2,000: Consider DIY demand letter or small claims court
  • Under $500: Usually not worth legal costs unless clear fraud
Exceptions: Clear fraud cases, precedent value, or situations where deterrence is important may justify demand letters at lower amounts.
Q: How long should I wait for a response?
A: Typical deadlines in demand letters:
  • 10-14 days: Standard business deadline
  • 7 days: Urgent situations (account suspensions, immediate harm)
  • 21 days: Complex disputes requiring investigation
After deadline expires, wait 3-5 additional days before escalating (accounting for mail delays). If no response, proceed with next steps (litigation, arbitration, regulatory complaints).
Q: Should I send via certified mail or email?
A: Both! Maximum effectiveness comes from dual delivery:
  • Certified mail with return receipt: Creates legal proof of delivery (required for some legal proceedings)
  • Email to all known addresses: Faster delivery, shows good faith, often gets faster response
This combination demonstrates seriousness while preserving proof for potential litigation. For marketplace disputes, also send via platform messaging systems when possible.
Q: What if the recipient ignores my demand letter?
A: Next steps depend on amount and situation:
  • Under $10K: Small claims court (most economical)
  • $10K-$50K: Consider arbitration or limited civil court
  • Over $50K: Full litigation may be justified
  • Payment processors: File CFPB complaints
  • Fraud cases: Report to IC3.gov (FBI), state AG
  • Marketplace suspensions: File arbitration demand
Consult with attorney to evaluate best path forward based on specific facts.
Q: Can I write my own demand letter or should I hire an attorney?
A: Consider these factors:

DIY demand letter makes sense when:
  • Dispute under $2,000
  • Very straightforward facts (clear breach, good documentation)
  • First attempt to recover, testing responsiveness
  • Low-risk situation (won't hurt to try)
Hire attorney when:
  • Dispute over $5,000
  • Complex legal issues (IP claims, jurisdiction questions)
  • High-stakes (account suspension, business survival)
  • Need maximum leverage (ready to litigate)
  • International parties involved
Poorly drafted demand letters can hurt your case by revealing weaknesses or showing lack of seriousness.
Q: How long does it take to resolve disputes with demand letters?
A: Typical timelines:
  • Supplier disputes: 30-90 days from demand letter to settlement
  • Payment holds: 45-120 days (often tied to processor's hold period)
  • Chargeback fraud: 30-60 days
  • Marketplace suspensions: 14-45 days for appeals, longer for litigation
  • IP disputes: 60-180 days depending on complexity
If recipient ignores demand and you litigate, add 6-18 months for court resolution.
Q: What should I do immediately after discovering a dispute?
A: Take these immediate steps:
  1. Document everything: Screenshots, emails, photos, invoices
  2. Preserve evidence: Don't delete emails, save conversations
  3. Calculate damages: Itemize all losses with backup documentation
  4. Review contracts/terms: Understand your legal rights
  5. Attempt informal resolution: Email or call before legal escalation
  6. Check deadlines: Amazon appeals (17 days), chargebacks (7-10 days), statutes of limitation
  7. Consult attorney if high-stakes: Consultations available (see "Legal Services" tab)
Acting quickly preserves options and evidence.