Accfarm 22-2-12549-7 631r
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FILED
1
2022 AUG 09 09:00 AM KING COUNTY SUPERIOR COURT CLERK E-FILED CASE #: 22-2-12549-7 SEA
2 3 4 5 6 7
SUPERIOR COURT OF THE STATE OF WASHINGTON KING COUNTY
8
9 AMAZON.COM, INC., a Delaware corporation; and AMAZON.COM SERVICES LLC, a 10 Delaware limited liability company, 11 Plaintiffs, 12 v. 13 DOES 1–5, d/b/a Accfarm.com, 14
No. COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
Defendants.
15 16
COMPLAINT
17 18
Plaintiffs Amazon.com, Inc. and Amazon.com Services LLC (collectively, “Amazon”)
19 bring this action against defendants Does 1–5 (collectively, “Defendants”), who are responsible 20 for the website Accfarm.com (“AccFarm”), for injunctive relief and damages as follows: 21 22
I. 1.
SUMMARY
Every day, millions of consumers who shop in Amazon’s stores use customer
23 product reviews to assist with purchasing decisions. Customer trust and fair competition in 24 Amazon’s stores depend, in part, on the authenticity of those reviews. The bad actors who pay 25 for product reviews erode that customer trust, compete unfairly with the millions of honest 26 entrepreneurs who sell in Amazon’s stores, and tarnish Amazon’s brand. 27
2.
Amazon devotes extensive efforts to combat product reviews that are false, Davis Wright Tremaine LLP
COMPLAINT - 1
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1 inauthentic, or incentivized (“fake reviews”). Incentivized reviews that are not identified as such 2 are inherently false and misleading because they are motivated by compensation, withhold that 3 key information from consumers, and therefore are likely to mislead consumers into believing 4 they are from unbiased and independent customers. In 2020, Amazon intercepted more than 200 5 million suspected fake reviews, leveraging machine learning models and teams of employees 6 dedicated to keeping Amazon’s stores free of fake reviews. 3.
7
Despite Amazon’s efforts, fake reviews persist because sales of fake reviews are
8 perpetrated largely on third-party websites like AccFarm, or in dedicated groups on social media 9 sites, as opposed to within Amazon’s stores where the fake reviews are ultimately posted. 4.
10
Amazon is bringing this action against the owners and operators of AccFarm,
11 which sells fake reviews, in order to shut down the website and seek disgorgement of 12 Defendants’ ill-gotten gains from selling fake reviews and other fraudulent services. 5.
13
Upon information and belief, Defendants are fully aware that AccFarm provides
14 services that are illegal and unfair to honest Amazon selling partners, to customers, and to 15 Amazon itself. Defendants succinctly describe the nature of their business: “AccFarm generates 16 fake reviews but gears mostly on the positive side of reviews.”1 At prices ranging from $39.99 to 17 $199.99, Defendants offer sellers the opportunity to buy packages of fake reviews for their 18 products in Amazon’s stores. 19 20 21 22 6.
23
Defendants “5-Star Ratings,” “Option to Choose A Custom Rating,” and
2 24 “Option To Leave Your Own Text” for fake reviews. On information and belief, Defendants use
25 fraudulent Amazon customer s to post the fake Amazon reviews on sellers’ product 26 27
1
“Buy Amazon Reviews,” https://accfarm.com/buy-positive-reviews/amazon-reviews (accessed July 6, 2022) (emphasis added). 2 Id. Davis Wright Tremaine LLP
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920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1 listing pages in exchange for a fee. 2 3 4 5 6 7 8 9
7.
Defendants know that Amazon has contractual prohibitions against fake reviews
and therefore that Defendants are incentivizing sellers to violate their contracts with Amazon. Indeed, AccFarm cautions sellers that “Amazon takes the integrity of reviews seriously.”3
10 11 12 13 8.
14 15 16
Further, Defendants acknowledge that “[t]echnically speaking, it is illegal to buy
Amazon product reviews. Apart from getting banned [by Amazon], you might also be sued when the system finds out that you are forging reviews.”4
17 18 19 9.
20 21 22 23 24
improperly manipulate the published ratings and rankings of products listed for sale in Amazon’s stores, resulting in the deception of Amazon’s customers and the erosion of customer trust in Amazon’s stores. Indeed, Defendants their services as a way for sellers to “boost sales, turnover and ranking!”5 10.
25 26 27
Defendants know and intend that their business of selling fake reviews will
Defendants also provide other fraudulent services designed to deceive Amazon
3
Id. (emphasis added). Id. (emphasis added). 5 Id. 4
Davis Wright Tremaine LLP
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1 and its customers. For example, Defendants the sale of fake Amazon customer 2 s at prices ranging from $29.99 for a fake “Amazon Buyer ” to $499.99 for a 3 fake “Amazon Business Buyer Tax-Exempt .”6 11.
4
Defendants are actively deceiving Amazon’s customers and tarnishing Amazon’s
5 brand for their own profit, as well as for the profit of dishonest sellers who purchase their 6 services. Through their actions, Defendants intentionally mislead and cause harm to Amazon, its 7 customers, and its honest selling partners. Amazon is bringing this action to protect its customers 8 and selling partners from this misconduct by stopping Defendants and shutting down the fake 9 review and other fraudulent schemes in which they participate. 12.
10
In this action, Amazon brings claims for violations of the Washington Consumer
11 Protection Act (RCW Ch. 19.86) and Washington common law. 12
II. 13.
13
JURISDICTION AND VENUE
This Court has personal jurisdiction over Defendants, all of whom have conducted
14 business activities in and directed to Washington and are primary participants in tortious acts in 15 and directed to Washington. Defendants affirmatively undertook to manipulate reviews, ratings, 16 and rankings of products sold in stores operated by Amazon, a corporation with its principal 17 place of business in Washington, and posted fake reviews in the Amazon.com store (the 18 “Amazon Store”). Amazon employs a team of analysts and data scientists who are primarily 19 based in Washington and analyze product reviews. 14.
20
Defendants’ acts deceived consumers who purchased products in the Amazon
21 Store and harmed Amazon. Defendants knowingly committed or facilitated the commission of 22 tortious acts in and directed to Washington and have wrongfully caused Amazon substantial 23 injury in Washington. 15.
24
Personal jurisdiction is also proper in this Court because Defendants consented to
25 exclusive jurisdiction in the state and federal courts in King County, Washington, when they 26 agreed to Amazon’s Conditions of Use in order to create customer s and post reviews in 27
6
“Buy Amazon s,” https://accfarm.com/amazon-s/ (accessed July 10, 2022). Davis Wright Tremaine LLP
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920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1 the Amazon Store, among other activities. 16.
2
Venue is proper in this Court pursuant to RCW §§ 4.12.010–.025 in that a
3 substantial part of the events or omissions giving rise to the claims pled herein occurred in King 4 County, Amazon seeks damages for personal injury or damage to personal property in King 5 County, and Amazon’s causes of action arose in King County. Venue is also proper because 6 Defendants consented to jurisdiction in this Court as set forth in Paragraph 15. 7
III. 17.
8
THE PARTIES
Amazon.com, Inc. is a Delaware corporation with its principal place of business
9 in Seattle, Washington. Amazon.com Services LLC is a Delaware company with its principal 10 place of business in Seattle, Washington. Amazon owns and operates the Amazon Store and 11 website and equivalent international stores and websites. Amazon has over three hundred million 12 active customers. 18.
13
Defendants sued herein as Does 1–5 own, operate, or maintain Accfarm.com, or
14 are otherwise responsible for AccFarm’s operations. Amazon is unaware of the true names and 15 capacities of Defendants, and therefore Amazon sues these Defendants by such fictitious names. 16 Amazon will amend this Complaint to allege Defendants’ true names and capacities when 17 ascertained. Amazon is informed and believes and therefore alleges that each of the fictitiously 18 named Defendants is responsible in some manner for the occurrences alleged and that Amazon’s 19 injuries as herein alleged were proximately caused by said Defendants. 20
IV. 19.
21
AMAZON’S PRODUCT REVIEW SYSTEM
Amazon pioneered online customer reviews 25 years ago, and Amazon’s stores
22 are now home to billions of unique reviews. Reviews provide a forum for customers to share 23 authentic opinions about products—positive or negative. As long as Amazon’s customers abide 24 by Amazon’s Community Guidelines,7 which prohibit illegal, obscene, infringing, and other 25 26 27
7
“Community Guidelines,” https://www.amazon.com/gp/help/customer/display.html?nodeId=GLHXEX85MENUE4XF (accessed July 21, 2022). Davis Wright Tremaine LLP
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920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1 abusive reviews, they may review and rate any product available in Amazon’s stores. Amazon 2 does not remove reviews if they are critical of the product; Amazon believes all helpful 3 information relevant to a product can inform its customers’ buying decisions. Honest and 4 unbiased reviews allow customers to trust that they can shop with confidence in Amazon’s 5 stores, and reviews also help fulfill Amazon’s mission to be Earth’s most customer-centric 6 company. In short, Amazon takes the integrity and authenticity of its customer reviews very 7 seriously. 8
20.
Amazon encourages its customers to review products available in its stores.
9 Amazon displays these reviews on the detail pages for the products. Consumers rely on these 10 reviews to make informed purchasing decisions. Customers trust that these reviews will be 11 honest, authentic, and unbiased. 12
21.
Each product review is comprised of a “star rating” that ranges from one star to
13 five stars and can also include textual comments and product images or video. Amazon compiles 14 these product reviews, summarizes the compiled star ratings, and displays those results alongside 15 the listed product for shoppers to see while they are shopping. An example of product reviews 16 for the Amazon Echo follows: 17 18 19 20 21 22 23 24 25 26 27 Davis Wright Tremaine LLP
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
22.
reviews can encourage customers to purchase a product. In addition, reviews can influence a product’s sales ranking: Amazon records and publishes “rankings” of products sold in its stores, which are based on sales. Amazon uses product sales data to create its Best Seller Rank (“BSR”), and also provides best seller lists for categories and subcategories of products. This information is updated hourly to reflect recent and historical sales of nearly every product sold. This information helps consumers understand which products are popular and how their sales are trending, which may help influence shopping decisions. As such, reviews can indirectly increase a product’s sales rank. 23.
Additionally, where a customer decides to sort results of a search by average
customer rating, the reviews and star ratings of a product directly impact the order in which that customer sees products, with the product containing the highest average star rating appearing at the top of the list. V.
BUYER AND SELLER POLICIES AGAINST FAKE REVIEWS AND AMAZON’S PREVENTION EFFORTS
24.
Amazon strictly prohibits any attempt to manipulate product reviews and
25 26
Reviews can impact product sales in multiple ways. Most immediately, positive
27 expressly prohibits compensated reviews. Davis Wright Tremaine LLP
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25.
1
In order to review a product, an individual must have an Amazon customer
2 . When g up for an Amazon customer , the is notified on the “Create 3 ” screen that “[b]y creating an you agree to Amazon’s Conditions of Use,” and 4 is provided with a hyperlink to Amazon’s Conditions of Use.8 As a result, each person who 5 reviews products has agreed to and is bound by the Conditions of Use. 26.
6
By agreeing to the Conditions of Use, each product reviewer enters into a
7 contractual relationship with Amazon. 27.
8
The Conditions of Use provide that in posting content in the Amazon Store, such
9 content is accurate and will not cause injury to any person or entity. The Conditions of Use 10 further provide that, in posting content in the Amazon Store, s “may not use a false e-mail 11 address, impersonate any person or entity, or otherwise mislead as to the origin of . . . content.”9 28.
12
Furthermore, any person who uses Amazon’s “community features”—which
13 include providing reviews and star ratings—agrees to and is bound by Amazon’s Community 14 Guidelines.10 15
29.
16
Creating, editing, or posting content about the seller’s own products or services.
17
Creating, modifying, or posting content in exchange for compensation of any kind or on behalf of anyone else.
Offering compensation or requesting compensation in exchange for creating, modifying, or posting content.11
18 19
Amazon’s Community Guidelines prohibit:
30.
20
Separately, each seller who lists a product for sale in the Amazon Store has
21 agreed to and is bound by the Amazon Services Business Solutions Agreement (“BSA”).12 31.
22 23 24 25 26 27
By agreeing to the BSA, each seller enters into a contractual relationship with
8
“Conditions of Use,” https://www.amazon.com/gp/help/customer/display.html?nodeId=GLSBYFE9MGKKQXXM (accessed June 30, 2022). 9 Id. 10 Community Guidelines. 11 Id. 12 “Amazon Services Business Solutions Agreement,” https://sellercentral.amazon.com/gp/help/external/G1791?language=en_US, (accessed July 6, 2022). Davis Wright Tremaine LLP
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920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1 Amazon. The BSA incorporates Amazon’s Community Guidelines. 32.
2
The BSA also incorporates Amazon’s Customer product reviews policies, which
3 expressly warn sellers that they may not offer a financial reward, discount, free products, or other 4 compensation in exchange for a review, and may not offer to provide a refund or reimbursement 5 after the buyer writes a review.13 33.
6
Amazon’s seller-facing website Seller Central provides additional guidelines to
7 sellers:14 8
If you decide to ask a buyer to leave a review, you may not ask for a positive review or ask for reviews only from buyers who had a positive experience, nor may you ask customers to change or remove their review, or attempt to influence the review. For example, you may not offer any compensation for a review, including money or gift cards, free or discounted products, refunds or reimbursements, or any other future benefits.
9 10 11 12
Can I offer a voucher or a free gift?
13
We do not permit reviews or votes on the helpfulness of reviews that are posted in exchange for compensation of any kind, including any of the following:
14
15 16 17 18 19 20 21
34.
Payment (including money or gift cards) Refund or reimbursement, including through non-Amazon payment methods Free product Entry to a prize drawing or competition Discounts on future purchases Other gifts Amazon’s Seller Code of Conduct, which is also incorporated into the BSA,
makes clear that sellers “may not attempt to influence or inflate customers’ ratings, , and reviews.”15 Among the conduct the Seller Code of Conduct prohibits is “[p]ay[ing] for or offer[ing] an incentive (such as coupons or free products) in exchange for providing or removing
22 23 24 25 26 27
13
“Customer product reviews policies,” https://sellercentral.amazon.com/gp/help/external/GYRKB5RU3FS5TURN?language=en_US&ref=efph_GYRKB5 RU3FS5TURN_cont_521 (accessed July 6, 2022). 14 “Answers to Questions About Product Reviews,” https://sellercentral.amazon.com/gp/help/external/G201972160?language=en_US (accessed July 6, 2022). 15 “Seller Code of Conduct,” https://sellercentral.amazon.com/gp/help/external/G1801?language=en_US (accessed July 6, 2022). Davis Wright Tremaine LLP
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920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1 or reviews” and “[r]eview[ing] your own products or a competitors’ products.”16 35.
2
Thus, the contracts that govern sellers’ and customers’ access to the Amazon
3 Store prohibit creating, posting, offering, or soliciting fake reviews. 36.
4
Unfortunately, at times, dishonest sellers try to gain unfair competitive advantages
5 for their products in Amazon’s stores by paying for false, misleading, and inauthentic customer 6 reviews. These reviews can significantly undermine the trust that consumers, sellers, and 7 manufacturers place in Amazon, which in turn tarnishes Amazon’s brand. 37.
8
Amazon takes the integrity of its customer reviews extremely seriously.
9 Amazon’s goal is to detect and remove a fake review before a customer ever sees it, and thus 10 Amazon invests significant financial and personnel resources to protect its stores from abuse. As 11 part of its efforts to ensure the authenticity of reviews, Amazon has developed sophisticated 12 solutions to detect and remove such reviews from its stores. Amazon analyzes reviews that are 13 submitted and continues to scour its stores for published fake reviews, stops and/or removes fake 14 reviews when it finds them, and takes enforcement actions against bad actors that post and/or 15 purchase fake reviews. Amazon is constantly innovating to improve its ability to identify and 16 remove fake reviews, but when that abuse takes place away from Amazon’s stores, bad actors 17 are emboldened to act in direct contravention of Amazon’s policies and the law. 18
VI. 38.
19
DEFENDANTS’ DECEITFUL ACTS
Beginning at a time unknown to Amazon, Defendants obtained the domain name
20 Accfarm.com, a website through which they operate their illicit business of selling fake Amazon 21 product reviews and fake Amazon customer s. 39.
22
Defendants expressly target their services to Amazon sellers. They that
23 sellers can “Boost Your Amazon Profile By Buying Reviews in AccFarm,” and emphasize that, 24 “[i]f you are a seller, having positive reviews is what you aim for. As they say, word of mouth is 25 powerful.”17 26 27
16 17
Id. “Buy Amazon Reviews,” https://accfarm.com/buy-positive-reviews/amazon-reviews (accessed July 5, 2022). Davis Wright Tremaine LLP
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920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
40.
1
Defendants outline three steps for their fake reviews scheme: (1) “You [the seller]
2 leave your email, link to your business page and note everything we should take into 3 regarding your needs,” (2) “We start posting high-quality reviews on your business 4 page,” and (3) “Your rating increases, which helps you turn your potential customers into loyal 5 clients with ease by building trust in your brand.”18 41.
6
Defendants sell several types of fake Amazon reviews at different price points,
7 including “Verified Amazon Reviews: from $39.99,” “Amazon Book Review: from 49.99$,” and 8 “Verified Amazon Video Reviews: from 199.99$,” among others.19 9 10 11 12 13 14
42.
specific countries, including customers in the United States.20
15 16
Defendants that they can target their fake reviews to customers in
43.
Defendants boast that they “can produce bulk orders” of fake reviews, and that
“busy sellers find this scheme very helpful … [because they can] get bulk reviews … without a
17
hitch and hassle.”21 They emphasize that “[i]n of buying reviews,” “the more, the
18
merrier.”22
19 20 21 22 23 24 25 26 27
18
Id. Id. 20 Id. 21 Id. 22 Id. 19
Davis Wright Tremaine LLP
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44.
1
AccFarm offers escalating discounts for higher volumes, with “50% off” for “200
2 Verified Amazon Reviews” (at a total price of $7,999.99).23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
45.
Defendants also “5-Star Ratings” and the “Option To Choose A Custom
Rating.”24 According to its website, “AccFarm generates fake reviews but gears mostly on the positive side of reviews.”25
18 19 20 21
46.
Defendants also that their reviews include “High-Quality Texts,” and
22 offer customers the “Option to Leave Your Own Text.”26 23
47.
Defendants further claim that their fake reviews are from “100% Real People.”27
24 25 26 27
23
Id. Id. 25 Id. 26 Id. 27 Id. 24
Davis Wright Tremaine LLP
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1 However, they do not disclose who these purported “Real People” are, and it is apparent from 2 AccFarm’s website that Defendants’ reviews do not reflect the experiences of real customers of 3 products sold in Amazon’s stores. Instead, as the website its, Defendants “generate[] fake 4 reviews” through fake customer s that they control. 48.
5
Defendants separately the sale of fake Amazon customer s
6 through the AccFarm website.28 49.
7
For example, Defendants offer an “Amazon Buyer ” for $29.99, an
8 “Amazon Business Buyer ” for $299.99, and an “Amazon Business Buyer Tax-Exempt 9 ” for $499.99.29 Defendants these fake s as “cheap” and in “bulk.”30 On 10 information and belief, these fake s are purchased by sellers in order to post fake reviews 11 of their own products or of their competitors’ products. 12 13 14 15 16 17 18 19 20 50.
21
In summary, Defendants provide services that are intended to defraud Amazon
22 and its customers, including the sale of fake reviews and fake customer s in violation of 23 Amazon policies, and for the express purpose of deceptively manipulating published ratings and 24 rankings of products for sale in Amazon’s stores. 51.
25 26
Defendants know that Amazon maintains contractual relationships with sellers
28
“Buy Amazon s,” https://accfarm.com/amazon-s (accessed June 17, 2022). Id. 30 Id. 29
27
Davis Wright Tremaine LLP
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1 and with product reviewers. 2
52.
Defendants also know that Amazon’s policies (and thus Amazon’s contracts with
3 sellers and product reviewers) prohibit fake reviews and fake customer s, and know and 4 intend that their efforts in selling such fake reviews and fake customer s will violate 5 Amazon’s policies and improperly manipulate the published ratings and ranking of products 6 listed for sale in Amazon’s stores. 7 8
VII. 53.
REPUTATIONAL HARM TO AMAZON AND HARM TO THE PUBLIC Fake reviews significantly undermine the trust that customers, sellers, and
9 manufacturers place in Amazon, which in turn tarnishes Amazon’s brand. 10
54.
Product reviews are an important part of a customer’s shopping experience, and
11 customers rely on the accuracy and authenticity of reviews to inform their shopping decisions. 12 Fake reviews harm customers by providing misleading information about the quality, 13 authenticity, and nature of products. When reviews are false, inaccurate, or misleading, 14 customers’ expectations for product quality and performance are not fulfilled. 15
55.
When reviews are not trustworthy, consumers lose confidence in the quality and
16 performance of products and associated ratings in Amazon’s stores and are less likely to 17 purchase products. This loss of confidence damages the goodwill Amazon has built with its 18 customers and harms Amazon’s reputation. 19
56.
Similarly, fake reviews threaten to undermine the trust of honest sellers who sell
20 products in Amazon’s stores. When dishonest sellers use fake reviews to gain a competitive 21 advantage, they harm honest sellers who play by the rules and earn positive reviews by offering 22 high-quality products and excellent customer service. In turn, these honest sellers lose faith in the 23 integrity of Amazon’s stores. Multiple sellers have complained to Amazon about fake reviews, 24 with comments like, “It is very disadvantageous to compete with sellers who manipulate the 25 reviews in this way.” 26
57.
As a result of reviews abuse perpetuated in Amazon’s stores by bad actors, there
27 has been widespread media and government attention to fake reviews in Amazon’s stores. Davis Wright Tremaine LLP
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58.
1
The Wall Street Journal published a story regarding fake reviews in Amazon’s
2 stores on June 13, 2021, titled, “Fake Reviews and Inflated Ratings Are Still a Problem for 3 Amazon.”31 The article focuses on sellers and third parties who encourage reviews abuse against 4 Amazon policies. 59.
5
Two days later, Amazon received its first inquiry from Congress, by Senator
6 Roger Wicker, Ranking Member of the Senate Commerce Committee, regarding the work 7 Amazon does to ensure reviews are authentic and inquiring whether reviews abuse in Amazon’s 8 stores detailed in the Wall Street Journal article is widespread. 60.
9
Customers who become aware of these articles and investigations, as well as
10 those to whom bad actors offer incentives to leave fake reviews, could lose trust in Amazon as a 11 resource for unbiased product reviews. 61.
12
In sum, as a result of bad actors’ perpetuation of reviews abuse, Amazon and its
13 customers have suffered substantial harm. 14
FIRST CLAIM FOR RELIEF Consumer Protection Act (RCW Ch. 19.86)
15 62.
16
Amazon incorporates by reference the allegations of each and every one of the
17 preceding paragraphs as though fully set forth herein. 63.
18
Defendants have engaged in unfair and deceptive acts and practices occurring in
19 trade or commerce in violation of the Washington Consumer Protection Act, RCW Ch. 19.86. 64.
20
Defendants’ actions were injurious to the public interest. The acts were committed
21 in the course of Defendants’ business and caused the public dissemination of false customer 22 reviews designed to trick consumers. Defendants’ acts had the capacity to and did harm 23 consumers. 65.
24
Defendants’ unfair and deceptive business practices have unjustly harmed
25 26 27
31
“Fake Reviews and Inflated Ratings Are Still a Problem for Amazon,” Wall Street Journal, https://www.wsj.com/articles/fake-reviews-and-inflated-ratings-are-still-a-problem-for-amazon-11623587313 (accessed July 6, 2022). Davis Wright Tremaine LLP
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1 Amazon and are causing Amazon to suffer damages. 66.
2
Amazon is entitled to treble damages, attorneys’ fees, and costs, pursuant to
3 RCW 19.86.090. 67.
4
As a result of Defendants’ unfair and deceptive acts and practices, Amazon has
5 also suffered irreparable injury and, unless Defendants are ened from such unfair 6 competition, will continue to suffer irreparable injury whereby Amazon has no adequate remedy 7 at law. 8
SECOND CLAIM FOR RELIEF Breach of Contract
9 10
68.
Amazon incorporates by reference the allegations of each and every one of the
11 preceding paragraphs as though fully set forth herein. 12
69.
By g up for customer s in the Amazon Store and posting reviews in
13 the Amazon Store (among other activities), Defendants have accepted and at all relevant times 14 were bound by Amazon’s Conditions of Use and Community Guidelines. 15
70.
Amazon fully performed all of its obligations under the Conditions of Use and
16 Community Guidelines. 17
71.
Defendants have materially breached Amazon’s Conditions of Use and
18 Community Guidelines by, among other actions, (1) requesting and accepting compensation for 19 creating and posting fake reviews in the Amazon Store, (2) posting fake reviews in the Amazon 20 Store that are misleading and injurious to others; and (3) selling fake Amazon customer 21 s. 22
72.
Defendants’ breaches of Amazon’s Conditions of Use and Community Guidelines
23 have resulted in damage to Amazon. 24
THIRD CLAIM FOR RELIEF Intentional Interference with Contractual Relations
25 26
73.
Amazon incorporates by reference the allegations of each and every one of the
27 preceding paragraphs as though fully set forth herein. Davis Wright Tremaine LLP
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1
74.
Amazon maintains contracts with each seller of goods in the Amazon Store, as
2 each such seller agreed to the Amazon Services Business Solutions Agreement. 3
75.
Amazon maintains contracts with each reviewer of goods in the Amazon Store, as
4 each such agreed to the Amazon Conditions of Use and Community Guidelines. 5
76.
Defendants have knowledge of these contracts and the contractual prohibitions
6 against fake and paid reviews. 7
77.
Defendants intended to disrupt and, with malice and through unfair means, did
8 interfere with the performance of these contracts. 9
78.
As a result of Defendants’ actions, Amazon has been harmed.
10
FOURTH CLAIM FOR RELIEF Unjust Enrichment/Restitution
11 12
79.
Amazon incorporates by reference the allegations of each and every one of the
13 preceding paragraphs as though fully set forth herein. 14
80.
Defendants unjustly received benefits in the form of payments from Amazon
15 sellers in exchange for their deceptive services, at Amazon’s expense through their wrongful 16 conduct, including their interference with Amazon’s business relationships and other unfair 17 business practices. Defendants continue to unjustly retain these benefits at Amazon’s expense. It 18 would be unjust for Defendants to retain any value they obtained as a result of their wrongful 19 conduct. 20
81.
Amazon is entitled to the establishment of a constructive trust consisting of the
21 benefit conferred upon Defendants by the revenues derived from their wrongful conduct at 22 Amazon’s expense and all profits derived from that wrongful conduct. Amazon is further entitled 23 to full restitution of all amounts in which Defendants have been unjustly enriched at Amazon’s 24 expense. PRAYER FOR RELIEF
25 26
WHEREFORE, Amazon respectfully requests judgment as follows:
27 Davis Wright Tremaine LLP
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1.
1
That the Court issue injunctive relief against Defendants and that Defendants,
2 their officers, agents, representatives, servants, employees, attorneys, successors and assigns, and 3 all others in active concert or participation with Defendants, be ened and ordered to: 4
(a)
Cease and desist from selling or facilitating the sale of Amazon reviews;
5
(b)
Provide information sufficient to identify each Amazon review created in
6
exchange for payment and the s and persons who created or paid for such
7
reviews; and
8
(c)
Cease and desist from selling or facilitating the sale of fake Amazon
9
customer s;
10
(d)
Provide information sufficient to identify each fake Amazon customer
created and/or sold and the persons who created or paid for such s; and
11
(e)
12
Cease and desist from assisting, aiding, or abetting any other person or
13
business entity in engaging in or performing any of the activities referred to in
14
subparagraphs (a) and (c) above; and (f)
15 2.
16
Disable the Accfarm.com domain and transfer it to Amazon.
That the Court enter an Order requiring Defendants to disgorge their profits and
17 declaring that Defendants hold in trust, as constructive trustees for the benefit of Amazon, their 18 illegal profits gained from the sale of fake reviews, and requiring Defendants to provide Amazon 19 with a full and complete ing of all amounts obtained as a result of Defendants’ illegal 20 activities; 3.
21
That the Court enter an Order instructing Defendants, tly and severally, to pay
22 Amazon’s general, special, actual, and statutory damages, including treble damages pursuant to 23 RCW Ch. 19.86; 4.
24
That the Court order Defendants to pay Amazon both the cost of this action and
25 attorneys’ fees incurred in prosecuting this action; and 5.
26
That the Court grant Amazon such additional and further relief as is just and
27 proper. Davis Wright Tremaine LLP
COMPLAINT - 18
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1
DATED this 9th day of August, 2022.
2
Davis Wright Tremaine LLP Attorneys for Plaintiffs
3
By /s/ Scott Commerson Scott Commerson, WSBA #58085 865 South Figueroa Street, Suite 2400 Los Angeles, CA 90017-2566 Tel: (213) 633-6800 Fax: (213) 633-6899 Email: [email protected]
4 5 6 7 8
/s/ Eric Franz Eric Franz, WSBA #52755 920 5th Avenue, Suite 3300 Seattle, WA 98104-1610 Tel: (206) 622-3150 Fax: (206) 757-7700 Email: [email protected]
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
Davis Wright Tremaine LLP
COMPLAINT - 19
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
KING COUNTY SUPERIOR COURT CASE ASSIGNMENT AREA DESIGNATION and CASE INFORMATION COVER SHEET (CICS) Pursuant to King County Code 4A.630.060, a faulty document fee of $15 may be assessed to new case filings missing this sheet.
CASE NUMBER: _______________________________________________________________ (Provided by the Clerk) CASE CAPTION: Amazon.com, Inc. and Amazon.com Services LLC v. Does 1‐5 d/b/a AccFarm.com (New case: Print name of person starting case vs. name of person or agency you are filing against.) (When filing into an existing family law case, the case caption remains the same as the original filing.) Please mark one of the boxes below:
☒ Seattle Area, defined as: All of King County north of Interstate 90 and including all of the Interstate 90 right-of-way; all the cities of Seattle, Mercer Island, Bellevue, Issaquah and North Bend; and all of Vashon and Maury Islands.
☐
Kent Area, defined as: All of King County south of Interstate 90 except those areas included in the Seattle Case Assignment Area.
I certify that this case meets the case assignment criteria, described in King County LCR 82(e). /s Scott Commerson
Signature of Attorney
58085
August 9, 2022
WSBA Number
Date
or
Signature of person who is starting case
Date
865 South Figueroa Street, Suite 2400, Los Angeles, CA 90017 2566
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KING COUNTY SUPERIOR COURT CASE ASSIGNMENT AREA DESIGNATION and CASE INFORMATION COVER SHEET
CIVIL
Please check the category that best describes this case.
☐
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☐
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Civil-CICS Revised 04/2022
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(The process of appointment by a court of a receiver to take custody of the property, business, rents and profits of a party to a lawsuit pending a final decision on disbursement or an agreement.) ☐ Relief from Duty to (RDR 2) (Petition seeking to stop the requirement to .)
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(Seizure of personal property which was employed in aiding, abetting, or commission of a crime, from a defendant after conviction.)
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(Seizure of tangible or intangible property which is the direct or indirect result of a crime, from a defendant following criminal conviction. (e.g., remuneration for, or contract interest in, a depiction or of a crime.))
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Civil-CICS Revised 04/2022
Page 4 of 6
☐ Personal Injury (ASP 2)* (Complaint alleging injury resulting from asbestos exposure.)
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☐
TORT, MEDICAL MALPRACTICE Hospital (MED 2)* (Complaint involving injury or death resulting from a hospital.)
(Complaint involving injury resulting from other than professional medical treatment.) ☐ Personal Injury (PIN 2)* (Complaint involving physical injury not resulting from professional medical treatment, and where a motor vehicle is not involved.)
☐ Products Liability (TTO 2)* (Complaint involving injury resulting from a commercial product.)
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☐ Property Damages-Gang (PRG 2)* (Complaint to recover damages to property related to gang activity.)
☐ Other Health care Professional (MED 2)* (Complaint involving injury or death resulting from a health care professional other than a medical doctor.)
☒ Tort, Other (TTO 2)* (Any other petition not specified by other codes.)
TORT, MOTOR VEHICLE
☐ Death (TMV 2)* (Complaint involving death resulting from an incident involving a motor vehicle.)
☐ Wrongful Death (WDE 2)* (Complaint involving death resulting from other than professional medical treatment.)
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☐ Property Damages Only (TMV 2)* (Complaint involving only property damages resulting from an incident involving a motor vehicle.)
☐ Victims Vehicle Theft (VVT 2)* (Complaint filed by a victim of car theft to recover damages.) RCW 9A.56.078 TORT, NON-MOTOR VEHICLE
☐
WRIT Habeas Corpus (WHC 2) (Petition for a writ to bring a party before the court.)
☐ Mandamus (WRM 2)** (Petition for writ commanding performance of a particular act or duty.)
☐ Review (WRV 2)** (Petition for review of the record or decision of a case pending in the lower court; does not include lower court appeals or istrative law reviews.)
☐ Other Malpractice (MAL 2)*
Civil-CICS Revised 04/2022
Page 5 of 6
⃰ The filing party will be given an appropriate case schedule at time of filing. **
Case schedule will be issued after hearing and findings.
Civil-CICS Revised 6/2016
Page 6 of 6
1
2022 AUG 09 09:00 AM KING COUNTY SUPERIOR COURT CLERK E-FILED CASE #: 22-2-12549-7 SEA
2 3 4 5 6 7
SUPERIOR COURT OF THE STATE OF WASHINGTON KING COUNTY
8
9 AMAZON.COM, INC., a Delaware corporation; and AMAZON.COM SERVICES LLC, a 10 Delaware limited liability company, 11 Plaintiffs, 12 v. 13 DOES 1–5, d/b/a Accfarm.com, 14
No. COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
Defendants.
15 16
COMPLAINT
17 18
Plaintiffs Amazon.com, Inc. and Amazon.com Services LLC (collectively, “Amazon”)
19 bring this action against defendants Does 1–5 (collectively, “Defendants”), who are responsible 20 for the website Accfarm.com (“AccFarm”), for injunctive relief and damages as follows: 21 22
I. 1.
SUMMARY
Every day, millions of consumers who shop in Amazon’s stores use customer
23 product reviews to assist with purchasing decisions. Customer trust and fair competition in 24 Amazon’s stores depend, in part, on the authenticity of those reviews. The bad actors who pay 25 for product reviews erode that customer trust, compete unfairly with the millions of honest 26 entrepreneurs who sell in Amazon’s stores, and tarnish Amazon’s brand. 27
2.
Amazon devotes extensive efforts to combat product reviews that are false, Davis Wright Tremaine LLP
COMPLAINT - 1
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1 inauthentic, or incentivized (“fake reviews”). Incentivized reviews that are not identified as such 2 are inherently false and misleading because they are motivated by compensation, withhold that 3 key information from consumers, and therefore are likely to mislead consumers into believing 4 they are from unbiased and independent customers. In 2020, Amazon intercepted more than 200 5 million suspected fake reviews, leveraging machine learning models and teams of employees 6 dedicated to keeping Amazon’s stores free of fake reviews. 3.
7
Despite Amazon’s efforts, fake reviews persist because sales of fake reviews are
8 perpetrated largely on third-party websites like AccFarm, or in dedicated groups on social media 9 sites, as opposed to within Amazon’s stores where the fake reviews are ultimately posted. 4.
10
Amazon is bringing this action against the owners and operators of AccFarm,
11 which sells fake reviews, in order to shut down the website and seek disgorgement of 12 Defendants’ ill-gotten gains from selling fake reviews and other fraudulent services. 5.
13
Upon information and belief, Defendants are fully aware that AccFarm provides
14 services that are illegal and unfair to honest Amazon selling partners, to customers, and to 15 Amazon itself. Defendants succinctly describe the nature of their business: “AccFarm generates 16 fake reviews but gears mostly on the positive side of reviews.”1 At prices ranging from $39.99 to 17 $199.99, Defendants offer sellers the opportunity to buy packages of fake reviews for their 18 products in Amazon’s stores. 19 20 21 22 6.
23
Defendants “5-Star Ratings,” “Option to Choose A Custom Rating,” and
2 24 “Option To Leave Your Own Text” for fake reviews. On information and belief, Defendants use
25 fraudulent Amazon customer s to post the fake Amazon reviews on sellers’ product 26 27
1
“Buy Amazon Reviews,” https://accfarm.com/buy-positive-reviews/amazon-reviews (accessed July 6, 2022) (emphasis added). 2 Id. Davis Wright Tremaine LLP
COMPLAINT - 2
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1 listing pages in exchange for a fee. 2 3 4 5 6 7 8 9
7.
Defendants know that Amazon has contractual prohibitions against fake reviews
and therefore that Defendants are incentivizing sellers to violate their contracts with Amazon. Indeed, AccFarm cautions sellers that “Amazon takes the integrity of reviews seriously.”3
10 11 12 13 8.
14 15 16
Further, Defendants acknowledge that “[t]echnically speaking, it is illegal to buy
Amazon product reviews. Apart from getting banned [by Amazon], you might also be sued when the system finds out that you are forging reviews.”4
17 18 19 9.
20 21 22 23 24
improperly manipulate the published ratings and rankings of products listed for sale in Amazon’s stores, resulting in the deception of Amazon’s customers and the erosion of customer trust in Amazon’s stores. Indeed, Defendants their services as a way for sellers to “boost sales, turnover and ranking!”5 10.
25 26 27
Defendants know and intend that their business of selling fake reviews will
Defendants also provide other fraudulent services designed to deceive Amazon
3
Id. (emphasis added). Id. (emphasis added). 5 Id. 4
Davis Wright Tremaine LLP
COMPLAINT - 3
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1 and its customers. For example, Defendants the sale of fake Amazon customer 2 s at prices ranging from $29.99 for a fake “Amazon Buyer ” to $499.99 for a 3 fake “Amazon Business Buyer Tax-Exempt .”6 11.
4
Defendants are actively deceiving Amazon’s customers and tarnishing Amazon’s
5 brand for their own profit, as well as for the profit of dishonest sellers who purchase their 6 services. Through their actions, Defendants intentionally mislead and cause harm to Amazon, its 7 customers, and its honest selling partners. Amazon is bringing this action to protect its customers 8 and selling partners from this misconduct by stopping Defendants and shutting down the fake 9 review and other fraudulent schemes in which they participate. 12.
10
In this action, Amazon brings claims for violations of the Washington Consumer
11 Protection Act (RCW Ch. 19.86) and Washington common law. 12
II. 13.
13
JURISDICTION AND VENUE
This Court has personal jurisdiction over Defendants, all of whom have conducted
14 business activities in and directed to Washington and are primary participants in tortious acts in 15 and directed to Washington. Defendants affirmatively undertook to manipulate reviews, ratings, 16 and rankings of products sold in stores operated by Amazon, a corporation with its principal 17 place of business in Washington, and posted fake reviews in the Amazon.com store (the 18 “Amazon Store”). Amazon employs a team of analysts and data scientists who are primarily 19 based in Washington and analyze product reviews. 14.
20
Defendants’ acts deceived consumers who purchased products in the Amazon
21 Store and harmed Amazon. Defendants knowingly committed or facilitated the commission of 22 tortious acts in and directed to Washington and have wrongfully caused Amazon substantial 23 injury in Washington. 15.
24
Personal jurisdiction is also proper in this Court because Defendants consented to
25 exclusive jurisdiction in the state and federal courts in King County, Washington, when they 26 agreed to Amazon’s Conditions of Use in order to create customer s and post reviews in 27
6
“Buy Amazon s,” https://accfarm.com/amazon-s/ (accessed July 10, 2022). Davis Wright Tremaine LLP
COMPLAINT - 4
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1 the Amazon Store, among other activities. 16.
2
Venue is proper in this Court pursuant to RCW §§ 4.12.010–.025 in that a
3 substantial part of the events or omissions giving rise to the claims pled herein occurred in King 4 County, Amazon seeks damages for personal injury or damage to personal property in King 5 County, and Amazon’s causes of action arose in King County. Venue is also proper because 6 Defendants consented to jurisdiction in this Court as set forth in Paragraph 15. 7
III. 17.
8
THE PARTIES
Amazon.com, Inc. is a Delaware corporation with its principal place of business
9 in Seattle, Washington. Amazon.com Services LLC is a Delaware company with its principal 10 place of business in Seattle, Washington. Amazon owns and operates the Amazon Store and 11 website and equivalent international stores and websites. Amazon has over three hundred million 12 active customers. 18.
13
Defendants sued herein as Does 1–5 own, operate, or maintain Accfarm.com, or
14 are otherwise responsible for AccFarm’s operations. Amazon is unaware of the true names and 15 capacities of Defendants, and therefore Amazon sues these Defendants by such fictitious names. 16 Amazon will amend this Complaint to allege Defendants’ true names and capacities when 17 ascertained. Amazon is informed and believes and therefore alleges that each of the fictitiously 18 named Defendants is responsible in some manner for the occurrences alleged and that Amazon’s 19 injuries as herein alleged were proximately caused by said Defendants. 20
IV. 19.
21
AMAZON’S PRODUCT REVIEW SYSTEM
Amazon pioneered online customer reviews 25 years ago, and Amazon’s stores
22 are now home to billions of unique reviews. Reviews provide a forum for customers to share 23 authentic opinions about products—positive or negative. As long as Amazon’s customers abide 24 by Amazon’s Community Guidelines,7 which prohibit illegal, obscene, infringing, and other 25 26 27
7
“Community Guidelines,” https://www.amazon.com/gp/help/customer/display.html?nodeId=GLHXEX85MENUE4XF (accessed July 21, 2022). Davis Wright Tremaine LLP
COMPLAINT - 5
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1 abusive reviews, they may review and rate any product available in Amazon’s stores. Amazon 2 does not remove reviews if they are critical of the product; Amazon believes all helpful 3 information relevant to a product can inform its customers’ buying decisions. Honest and 4 unbiased reviews allow customers to trust that they can shop with confidence in Amazon’s 5 stores, and reviews also help fulfill Amazon’s mission to be Earth’s most customer-centric 6 company. In short, Amazon takes the integrity and authenticity of its customer reviews very 7 seriously. 8
20.
Amazon encourages its customers to review products available in its stores.
9 Amazon displays these reviews on the detail pages for the products. Consumers rely on these 10 reviews to make informed purchasing decisions. Customers trust that these reviews will be 11 honest, authentic, and unbiased. 12
21.
Each product review is comprised of a “star rating” that ranges from one star to
13 five stars and can also include textual comments and product images or video. Amazon compiles 14 these product reviews, summarizes the compiled star ratings, and displays those results alongside 15 the listed product for shoppers to see while they are shopping. An example of product reviews 16 for the Amazon Echo follows: 17 18 19 20 21 22 23 24 25 26 27 Davis Wright Tremaine LLP
COMPLAINT - 6
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
22.
reviews can encourage customers to purchase a product. In addition, reviews can influence a product’s sales ranking: Amazon records and publishes “rankings” of products sold in its stores, which are based on sales. Amazon uses product sales data to create its Best Seller Rank (“BSR”), and also provides best seller lists for categories and subcategories of products. This information is updated hourly to reflect recent and historical sales of nearly every product sold. This information helps consumers understand which products are popular and how their sales are trending, which may help influence shopping decisions. As such, reviews can indirectly increase a product’s sales rank. 23.
Additionally, where a customer decides to sort results of a search by average
customer rating, the reviews and star ratings of a product directly impact the order in which that customer sees products, with the product containing the highest average star rating appearing at the top of the list. V.
BUYER AND SELLER POLICIES AGAINST FAKE REVIEWS AND AMAZON’S PREVENTION EFFORTS
24.
Amazon strictly prohibits any attempt to manipulate product reviews and
25 26
Reviews can impact product sales in multiple ways. Most immediately, positive
27 expressly prohibits compensated reviews. Davis Wright Tremaine LLP
COMPLAINT - 7
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
25.
1
In order to review a product, an individual must have an Amazon customer
2 . When g up for an Amazon customer , the is notified on the “Create 3 ” screen that “[b]y creating an you agree to Amazon’s Conditions of Use,” and 4 is provided with a hyperlink to Amazon’s Conditions of Use.8 As a result, each person who 5 reviews products has agreed to and is bound by the Conditions of Use. 26.
6
By agreeing to the Conditions of Use, each product reviewer enters into a
7 contractual relationship with Amazon. 27.
8
The Conditions of Use provide that in posting content in the Amazon Store, such
9 content is accurate and will not cause injury to any person or entity. The Conditions of Use 10 further provide that, in posting content in the Amazon Store, s “may not use a false e-mail 11 address, impersonate any person or entity, or otherwise mislead as to the origin of . . . content.”9 28.
12
Furthermore, any person who uses Amazon’s “community features”—which
13 include providing reviews and star ratings—agrees to and is bound by Amazon’s Community 14 Guidelines.10 15
29.
16
Creating, editing, or posting content about the seller’s own products or services.
17
Creating, modifying, or posting content in exchange for compensation of any kind or on behalf of anyone else.
Offering compensation or requesting compensation in exchange for creating, modifying, or posting content.11
18 19
Amazon’s Community Guidelines prohibit:
30.
20
Separately, each seller who lists a product for sale in the Amazon Store has
21 agreed to and is bound by the Amazon Services Business Solutions Agreement (“BSA”).12 31.
22 23 24 25 26 27
By agreeing to the BSA, each seller enters into a contractual relationship with
8
“Conditions of Use,” https://www.amazon.com/gp/help/customer/display.html?nodeId=GLSBYFE9MGKKQXXM (accessed June 30, 2022). 9 Id. 10 Community Guidelines. 11 Id. 12 “Amazon Services Business Solutions Agreement,” https://sellercentral.amazon.com/gp/help/external/G1791?language=en_US, (accessed July 6, 2022). Davis Wright Tremaine LLP
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920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1 Amazon. The BSA incorporates Amazon’s Community Guidelines. 32.
2
The BSA also incorporates Amazon’s Customer product reviews policies, which
3 expressly warn sellers that they may not offer a financial reward, discount, free products, or other 4 compensation in exchange for a review, and may not offer to provide a refund or reimbursement 5 after the buyer writes a review.13 33.
6
Amazon’s seller-facing website Seller Central provides additional guidelines to
7 sellers:14 8
If you decide to ask a buyer to leave a review, you may not ask for a positive review or ask for reviews only from buyers who had a positive experience, nor may you ask customers to change or remove their review, or attempt to influence the review. For example, you may not offer any compensation for a review, including money or gift cards, free or discounted products, refunds or reimbursements, or any other future benefits.
9 10 11 12
Can I offer a voucher or a free gift?
13
We do not permit reviews or votes on the helpfulness of reviews that are posted in exchange for compensation of any kind, including any of the following:
14
15 16 17 18 19 20 21
34.
Payment (including money or gift cards) Refund or reimbursement, including through non-Amazon payment methods Free product Entry to a prize drawing or competition Discounts on future purchases Other gifts Amazon’s Seller Code of Conduct, which is also incorporated into the BSA,
makes clear that sellers “may not attempt to influence or inflate customers’ ratings, , and reviews.”15 Among the conduct the Seller Code of Conduct prohibits is “[p]ay[ing] for or offer[ing] an incentive (such as coupons or free products) in exchange for providing or removing
22 23 24 25 26 27
13
“Customer product reviews policies,” https://sellercentral.amazon.com/gp/help/external/GYRKB5RU3FS5TURN?language=en_US&ref=efph_GYRKB5 RU3FS5TURN_cont_521 (accessed July 6, 2022). 14 “Answers to Questions About Product Reviews,” https://sellercentral.amazon.com/gp/help/external/G201972160?language=en_US (accessed July 6, 2022). 15 “Seller Code of Conduct,” https://sellercentral.amazon.com/gp/help/external/G1801?language=en_US (accessed July 6, 2022). Davis Wright Tremaine LLP
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920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1 or reviews” and “[r]eview[ing] your own products or a competitors’ products.”16 35.
2
Thus, the contracts that govern sellers’ and customers’ access to the Amazon
3 Store prohibit creating, posting, offering, or soliciting fake reviews. 36.
4
Unfortunately, at times, dishonest sellers try to gain unfair competitive advantages
5 for their products in Amazon’s stores by paying for false, misleading, and inauthentic customer 6 reviews. These reviews can significantly undermine the trust that consumers, sellers, and 7 manufacturers place in Amazon, which in turn tarnishes Amazon’s brand. 37.
8
Amazon takes the integrity of its customer reviews extremely seriously.
9 Amazon’s goal is to detect and remove a fake review before a customer ever sees it, and thus 10 Amazon invests significant financial and personnel resources to protect its stores from abuse. As 11 part of its efforts to ensure the authenticity of reviews, Amazon has developed sophisticated 12 solutions to detect and remove such reviews from its stores. Amazon analyzes reviews that are 13 submitted and continues to scour its stores for published fake reviews, stops and/or removes fake 14 reviews when it finds them, and takes enforcement actions against bad actors that post and/or 15 purchase fake reviews. Amazon is constantly innovating to improve its ability to identify and 16 remove fake reviews, but when that abuse takes place away from Amazon’s stores, bad actors 17 are emboldened to act in direct contravention of Amazon’s policies and the law. 18
VI. 38.
19
DEFENDANTS’ DECEITFUL ACTS
Beginning at a time unknown to Amazon, Defendants obtained the domain name
20 Accfarm.com, a website through which they operate their illicit business of selling fake Amazon 21 product reviews and fake Amazon customer s. 39.
22
Defendants expressly target their services to Amazon sellers. They that
23 sellers can “Boost Your Amazon Profile By Buying Reviews in AccFarm,” and emphasize that, 24 “[i]f you are a seller, having positive reviews is what you aim for. As they say, word of mouth is 25 powerful.”17 26 27
16 17
Id. “Buy Amazon Reviews,” https://accfarm.com/buy-positive-reviews/amazon-reviews (accessed July 5, 2022). Davis Wright Tremaine LLP
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920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
40.
1
Defendants outline three steps for their fake reviews scheme: (1) “You [the seller]
2 leave your email, link to your business page and note everything we should take into 3 regarding your needs,” (2) “We start posting high-quality reviews on your business 4 page,” and (3) “Your rating increases, which helps you turn your potential customers into loyal 5 clients with ease by building trust in your brand.”18 41.
6
Defendants sell several types of fake Amazon reviews at different price points,
7 including “Verified Amazon Reviews: from $39.99,” “Amazon Book Review: from 49.99$,” and 8 “Verified Amazon Video Reviews: from 199.99$,” among others.19 9 10 11 12 13 14
42.
specific countries, including customers in the United States.20
15 16
Defendants that they can target their fake reviews to customers in
43.
Defendants boast that they “can produce bulk orders” of fake reviews, and that
“busy sellers find this scheme very helpful … [because they can] get bulk reviews … without a
17
hitch and hassle.”21 They emphasize that “[i]n of buying reviews,” “the more, the
18
merrier.”22
19 20 21 22 23 24 25 26 27
18
Id. Id. 20 Id. 21 Id. 22 Id. 19
Davis Wright Tremaine LLP
COMPLAINT - 11
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
44.
1
AccFarm offers escalating discounts for higher volumes, with “50% off” for “200
2 Verified Amazon Reviews” (at a total price of $7,999.99).23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
45.
Defendants also “5-Star Ratings” and the “Option To Choose A Custom
Rating.”24 According to its website, “AccFarm generates fake reviews but gears mostly on the positive side of reviews.”25
18 19 20 21
46.
Defendants also that their reviews include “High-Quality Texts,” and
22 offer customers the “Option to Leave Your Own Text.”26 23
47.
Defendants further claim that their fake reviews are from “100% Real People.”27
24 25 26 27
23
Id. Id. 25 Id. 26 Id. 27 Id. 24
Davis Wright Tremaine LLP
COMPLAINT - 12
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1 However, they do not disclose who these purported “Real People” are, and it is apparent from 2 AccFarm’s website that Defendants’ reviews do not reflect the experiences of real customers of 3 products sold in Amazon’s stores. Instead, as the website its, Defendants “generate[] fake 4 reviews” through fake customer s that they control. 48.
5
Defendants separately the sale of fake Amazon customer s
6 through the AccFarm website.28 49.
7
For example, Defendants offer an “Amazon Buyer ” for $29.99, an
8 “Amazon Business Buyer ” for $299.99, and an “Amazon Business Buyer Tax-Exempt 9 ” for $499.99.29 Defendants these fake s as “cheap” and in “bulk.”30 On 10 information and belief, these fake s are purchased by sellers in order to post fake reviews 11 of their own products or of their competitors’ products. 12 13 14 15 16 17 18 19 20 50.
21
In summary, Defendants provide services that are intended to defraud Amazon
22 and its customers, including the sale of fake reviews and fake customer s in violation of 23 Amazon policies, and for the express purpose of deceptively manipulating published ratings and 24 rankings of products for sale in Amazon’s stores. 51.
25 26
Defendants know that Amazon maintains contractual relationships with sellers
28
“Buy Amazon s,” https://accfarm.com/amazon-s (accessed June 17, 2022). Id. 30 Id. 29
27
Davis Wright Tremaine LLP
COMPLAINT - 13
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1 and with product reviewers. 2
52.
Defendants also know that Amazon’s policies (and thus Amazon’s contracts with
3 sellers and product reviewers) prohibit fake reviews and fake customer s, and know and 4 intend that their efforts in selling such fake reviews and fake customer s will violate 5 Amazon’s policies and improperly manipulate the published ratings and ranking of products 6 listed for sale in Amazon’s stores. 7 8
VII. 53.
REPUTATIONAL HARM TO AMAZON AND HARM TO THE PUBLIC Fake reviews significantly undermine the trust that customers, sellers, and
9 manufacturers place in Amazon, which in turn tarnishes Amazon’s brand. 10
54.
Product reviews are an important part of a customer’s shopping experience, and
11 customers rely on the accuracy and authenticity of reviews to inform their shopping decisions. 12 Fake reviews harm customers by providing misleading information about the quality, 13 authenticity, and nature of products. When reviews are false, inaccurate, or misleading, 14 customers’ expectations for product quality and performance are not fulfilled. 15
55.
When reviews are not trustworthy, consumers lose confidence in the quality and
16 performance of products and associated ratings in Amazon’s stores and are less likely to 17 purchase products. This loss of confidence damages the goodwill Amazon has built with its 18 customers and harms Amazon’s reputation. 19
56.
Similarly, fake reviews threaten to undermine the trust of honest sellers who sell
20 products in Amazon’s stores. When dishonest sellers use fake reviews to gain a competitive 21 advantage, they harm honest sellers who play by the rules and earn positive reviews by offering 22 high-quality products and excellent customer service. In turn, these honest sellers lose faith in the 23 integrity of Amazon’s stores. Multiple sellers have complained to Amazon about fake reviews, 24 with comments like, “It is very disadvantageous to compete with sellers who manipulate the 25 reviews in this way.” 26
57.
As a result of reviews abuse perpetuated in Amazon’s stores by bad actors, there
27 has been widespread media and government attention to fake reviews in Amazon’s stores. Davis Wright Tremaine LLP
COMPLAINT - 14
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
58.
1
The Wall Street Journal published a story regarding fake reviews in Amazon’s
2 stores on June 13, 2021, titled, “Fake Reviews and Inflated Ratings Are Still a Problem for 3 Amazon.”31 The article focuses on sellers and third parties who encourage reviews abuse against 4 Amazon policies. 59.
5
Two days later, Amazon received its first inquiry from Congress, by Senator
6 Roger Wicker, Ranking Member of the Senate Commerce Committee, regarding the work 7 Amazon does to ensure reviews are authentic and inquiring whether reviews abuse in Amazon’s 8 stores detailed in the Wall Street Journal article is widespread. 60.
9
Customers who become aware of these articles and investigations, as well as
10 those to whom bad actors offer incentives to leave fake reviews, could lose trust in Amazon as a 11 resource for unbiased product reviews. 61.
12
In sum, as a result of bad actors’ perpetuation of reviews abuse, Amazon and its
13 customers have suffered substantial harm. 14
FIRST CLAIM FOR RELIEF Consumer Protection Act (RCW Ch. 19.86)
15 62.
16
Amazon incorporates by reference the allegations of each and every one of the
17 preceding paragraphs as though fully set forth herein. 63.
18
Defendants have engaged in unfair and deceptive acts and practices occurring in
19 trade or commerce in violation of the Washington Consumer Protection Act, RCW Ch. 19.86. 64.
20
Defendants’ actions were injurious to the public interest. The acts were committed
21 in the course of Defendants’ business and caused the public dissemination of false customer 22 reviews designed to trick consumers. Defendants’ acts had the capacity to and did harm 23 consumers. 65.
24
Defendants’ unfair and deceptive business practices have unjustly harmed
25 26 27
31
“Fake Reviews and Inflated Ratings Are Still a Problem for Amazon,” Wall Street Journal, https://www.wsj.com/articles/fake-reviews-and-inflated-ratings-are-still-a-problem-for-amazon-11623587313 (accessed July 6, 2022). Davis Wright Tremaine LLP
COMPLAINT - 15
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1 Amazon and are causing Amazon to suffer damages. 66.
2
Amazon is entitled to treble damages, attorneys’ fees, and costs, pursuant to
3 RCW 19.86.090. 67.
4
As a result of Defendants’ unfair and deceptive acts and practices, Amazon has
5 also suffered irreparable injury and, unless Defendants are ened from such unfair 6 competition, will continue to suffer irreparable injury whereby Amazon has no adequate remedy 7 at law. 8
SECOND CLAIM FOR RELIEF Breach of Contract
9 10
68.
Amazon incorporates by reference the allegations of each and every one of the
11 preceding paragraphs as though fully set forth herein. 12
69.
By g up for customer s in the Amazon Store and posting reviews in
13 the Amazon Store (among other activities), Defendants have accepted and at all relevant times 14 were bound by Amazon’s Conditions of Use and Community Guidelines. 15
70.
Amazon fully performed all of its obligations under the Conditions of Use and
16 Community Guidelines. 17
71.
Defendants have materially breached Amazon’s Conditions of Use and
18 Community Guidelines by, among other actions, (1) requesting and accepting compensation for 19 creating and posting fake reviews in the Amazon Store, (2) posting fake reviews in the Amazon 20 Store that are misleading and injurious to others; and (3) selling fake Amazon customer 21 s. 22
72.
Defendants’ breaches of Amazon’s Conditions of Use and Community Guidelines
23 have resulted in damage to Amazon. 24
THIRD CLAIM FOR RELIEF Intentional Interference with Contractual Relations
25 26
73.
Amazon incorporates by reference the allegations of each and every one of the
27 preceding paragraphs as though fully set forth herein. Davis Wright Tremaine LLP
COMPLAINT - 16
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1
74.
Amazon maintains contracts with each seller of goods in the Amazon Store, as
2 each such seller agreed to the Amazon Services Business Solutions Agreement. 3
75.
Amazon maintains contracts with each reviewer of goods in the Amazon Store, as
4 each such agreed to the Amazon Conditions of Use and Community Guidelines. 5
76.
Defendants have knowledge of these contracts and the contractual prohibitions
6 against fake and paid reviews. 7
77.
Defendants intended to disrupt and, with malice and through unfair means, did
8 interfere with the performance of these contracts. 9
78.
As a result of Defendants’ actions, Amazon has been harmed.
10
FOURTH CLAIM FOR RELIEF Unjust Enrichment/Restitution
11 12
79.
Amazon incorporates by reference the allegations of each and every one of the
13 preceding paragraphs as though fully set forth herein. 14
80.
Defendants unjustly received benefits in the form of payments from Amazon
15 sellers in exchange for their deceptive services, at Amazon’s expense through their wrongful 16 conduct, including their interference with Amazon’s business relationships and other unfair 17 business practices. Defendants continue to unjustly retain these benefits at Amazon’s expense. It 18 would be unjust for Defendants to retain any value they obtained as a result of their wrongful 19 conduct. 20
81.
Amazon is entitled to the establishment of a constructive trust consisting of the
21 benefit conferred upon Defendants by the revenues derived from their wrongful conduct at 22 Amazon’s expense and all profits derived from that wrongful conduct. Amazon is further entitled 23 to full restitution of all amounts in which Defendants have been unjustly enriched at Amazon’s 24 expense. PRAYER FOR RELIEF
25 26
WHEREFORE, Amazon respectfully requests judgment as follows:
27 Davis Wright Tremaine LLP
COMPLAINT - 17
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1.
1
That the Court issue injunctive relief against Defendants and that Defendants,
2 their officers, agents, representatives, servants, employees, attorneys, successors and assigns, and 3 all others in active concert or participation with Defendants, be ened and ordered to: 4
(a)
Cease and desist from selling or facilitating the sale of Amazon reviews;
5
(b)
Provide information sufficient to identify each Amazon review created in
6
exchange for payment and the s and persons who created or paid for such
7
reviews; and
8
(c)
Cease and desist from selling or facilitating the sale of fake Amazon
9
customer s;
10
(d)
Provide information sufficient to identify each fake Amazon customer
created and/or sold and the persons who created or paid for such s; and
11
(e)
12
Cease and desist from assisting, aiding, or abetting any other person or
13
business entity in engaging in or performing any of the activities referred to in
14
subparagraphs (a) and (c) above; and (f)
15 2.
16
Disable the Accfarm.com domain and transfer it to Amazon.
That the Court enter an Order requiring Defendants to disgorge their profits and
17 declaring that Defendants hold in trust, as constructive trustees for the benefit of Amazon, their 18 illegal profits gained from the sale of fake reviews, and requiring Defendants to provide Amazon 19 with a full and complete ing of all amounts obtained as a result of Defendants’ illegal 20 activities; 3.
21
That the Court enter an Order instructing Defendants, tly and severally, to pay
22 Amazon’s general, special, actual, and statutory damages, including treble damages pursuant to 23 RCW Ch. 19.86; 4.
24
That the Court order Defendants to pay Amazon both the cost of this action and
25 attorneys’ fees incurred in prosecuting this action; and 5.
26
That the Court grant Amazon such additional and further relief as is just and
27 proper. Davis Wright Tremaine LLP
COMPLAINT - 18
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
1
DATED this 9th day of August, 2022.
2
Davis Wright Tremaine LLP Attorneys for Plaintiffs
3
By /s/ Scott Commerson Scott Commerson, WSBA #58085 865 South Figueroa Street, Suite 2400 Los Angeles, CA 90017-2566 Tel: (213) 633-6800 Fax: (213) 633-6899 Email: [email protected]
4 5 6 7 8
/s/ Eric Franz Eric Franz, WSBA #52755 920 5th Avenue, Suite 3300 Seattle, WA 98104-1610 Tel: (206) 622-3150 Fax: (206) 757-7700 Email: [email protected]
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
Davis Wright Tremaine LLP
COMPLAINT - 19
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 206.622.3150 main · 206.757.7700 fax
KING COUNTY SUPERIOR COURT CASE ASSIGNMENT AREA DESIGNATION and CASE INFORMATION COVER SHEET (CICS) Pursuant to King County Code 4A.630.060, a faulty document fee of $15 may be assessed to new case filings missing this sheet.
CASE NUMBER: _______________________________________________________________ (Provided by the Clerk) CASE CAPTION: Amazon.com, Inc. and Amazon.com Services LLC v. Does 1‐5 d/b/a AccFarm.com (New case: Print name of person starting case vs. name of person or agency you are filing against.) (When filing into an existing family law case, the case caption remains the same as the original filing.) Please mark one of the boxes below:
☒ Seattle Area, defined as: All of King County north of Interstate 90 and including all of the Interstate 90 right-of-way; all the cities of Seattle, Mercer Island, Bellevue, Issaquah and North Bend; and all of Vashon and Maury Islands.
☐
Kent Area, defined as: All of King County south of Interstate 90 except those areas included in the Seattle Case Assignment Area.
I certify that this case meets the case assignment criteria, described in King County LCR 82(e). /s Scott Commerson
Signature of Attorney
58085
August 9, 2022
WSBA Number
Date
or
Signature of person who is starting case
Date
865 South Figueroa Street, Suite 2400, Los Angeles, CA 90017 2566
Address, City, State, Zip Code of person who is starting case if not represented by attorney
KING COUNTY SUPERIOR COURT CASE ASSIGNMENT AREA DESIGNATION and CASE INFORMATION COVER SHEET
CIVIL
Please check the category that best describes this case.
☐
APPEAL/REVIEW istrative Law Review (ALR 2) (Petition to the Superior Court for review of rulings made by state istrative agencies.( e.g. DSHS Child , Good to Go es, denial of benefits from Employment Security, DSHS)
☐ Board of Industrial Insurance Appeals – Workers Comp (ALRLI 2)*
☐ Third Party Collection (COL 2)* (Complaint involving a third party over a money dispute where no contract is involved.)
☐
(A certified copy of a judgment docket from another Superior Court within the state.)
(Petition to the Superior Court for review of rulings made by Labor & Industries.)
☐ DOL Revocation (DOL 2)*
☐ Confession of Judgment (CFJ 2)* (The entry of a judgment when a defendant its liability and accepts the amount of agreed-upon damages but does not pay or perform as agreed upon.)
(Appeal of a DOL revocation Implied consentTest refusal ONLY.) RCW 46.20.308(9)
☐ Subdivision Election Process Review (SER 2)* (Intent to challenge election process)
☐ Foreign Judgment (from another State or Country) (FJU 2)
☐ Voter Election Process Law Review (VEP 2)*
(Any judgment, decree, or order of a court of the United States, or of any state or territory, which is entitled to full faith and credit in this state.)
(Complaint for violation of voting rights act)
☐ Petition to Appeal/Amend Ballot Title (BAT 2) CONTRACT/COMMERCIAL
☐ Tax Warrant or Warrant (TAX 2)
☐ Breach of Contract (COM 2)*
(A notice of assessment by a state agency or self-insured company creating a judgment/lien in the county in which it is filed.)
(Complaint involving money dispute where a breach of contract is involved.)
☐ Commercial Contract (COM 2)* (Complaint involving money dispute where a contract is involved.)
☐ Transcript of Judgment (TRJ 2) (A certified copy of a judgment from a court of limited jurisdiction (e.g. District or Municipal court) to a Superior Court.)
☐ Commercial Non-Contract (COL 2)* (Complaint involving money dispute where no contract is involved.) Civil-CICS Revised 04/2022
JUDGMENT Abstract, Judgment, Another County (ABJ 2)
☐
PROPERTY RIGHTS Condemnation/Eminent Domain (CON 2)*
Page 2 of 6
☐
(Complaint involving governmental taking of private property with payment, but not necessarily with consent.) Foreclosure (FOR 2)* (Complaint involving termination of ownership rights when a mortgage or tax foreclosure is involved, where ownership is not in question.)
☐ Land Use Petition (LUP 2)* (Petition for an expedited judicial review of a land use decision made by a local jurisdiction.) RCW 36.70C.040
☐ Property Fairness Act (PFA 2)* (Complaint involving the regulation of private property or restraint of land use by a government entity brought forth by Title 64.)
☐ Quiet Title (QTI 2)* (Complaint involving the ownership, use, or disposition of land or real estate other than foreclosure.)
☐ Residential Unlawful Detainer (Eviction) (UND 2)
(Complaint involving the unjustifiable retention of lands or attachments to land, including water and mineral rights.)
☐ Non-Residential Unlawful Detainer (Eviction) (UND 2)
(Commercial property eviction.)
☐
OTHER COMPLAINT/PETITION Action to Compel/Confirm Private Binding Arbitration (CAA 2)
(Petition to force or confirm private binding arbitration.)
☐ Assurance of Discontinuance (AOD 2) (Filed by Attorney General’s Office to prevent businesses from engaging in improper or misleading practices.)
Civil-CICS Revised 04/2022
☐ Birth Certificate Change(PBC 2) (Petition to amend birth certificate)
☐ Bond Justification (PBJ 2) (Bail bond company desiring to transact surety bail bonds in King County facilities.)
☐ Change of Name (CHN 5) (Petition for name change, when domestic violence/anti-harassment issues require confidentiality.)
☐ Certificate of Rehabilitation (CRR 2) (Petition to restore civil and political rights.)
☐ Certificate of Restoration Opportunity(CRP 2) (Establishes eligibility requirements for certain professional licenses)
☐ Civil Commitment (sexual predator) (PCC 2) (Petition to detain an individual involuntarily.)
☐ Notice of Deposit of Surplus Funds (DSF 2) (Deposit of extra money from a foreclosure after payment of expenses from sale and obligation secured by the deed of trust.)
☐ Emancipation of Minor (EOM 2) (Petition by a minor for a declaration of emancipation.)
☐ Foreign Subpoena (OSS 2) (To subpoena a King County resident or entity for an out of state case.)
☐ Foreign Protection Order (FPO 2) (ing out of state protection order)
☐ Frivolous Claim of Lien (FVL 2) (Petition or Motion requesting a determination that a lien against a mechanic or materialman is excessive or unwarranted.)
Page 3 of 6
☐ Application for Health & Safety Inspection (HSI 2)
☐ Injunction (INJ 2)* (Complaint/petition to require a person to do or refrain from doing a particular thing.)
☐ Interpleader (IPL 2) (Petition for the deposit of disputed earnest money from real estate, insurance proceeds, and/or other transaction(s).)
☐ Malicious Harassment (MHA 2)* (Suit involving damages resulting from malicious harassment.) RCW 9a.36.080
☐ Non-Judicial Filing (NJF 2) (See probate section for TEDRA agreements. To file for the record document(s) unrelated to any other proceeding and where there will be no judicial review.)
☐ Other Complaint/Petition (MSC 2)* (Filing a Complaint/Petition for a cause of action not listed)
☐ Minor Work Permit (MWP 2) (Petition for a child under 14 years of age to be employed)
☐ Perpetuation of Testimony (PPT 2) (Action filed under CR 27)
☐ Petition to Remove Restricted Covenant
(RRC 2) Declaratory judgment action to strike discriminatory provision of real property contract.
☐ Public records Act (PRA 2)* (Action filed under RCW 42.56)
☐ Receivership (RCVR 2)
(The process of appointment by a court of a receiver to take custody of the property, business, rents and profits of a party to a lawsuit pending a final decision on disbursement or an agreement.) ☐ Relief from Duty to (RDR 2) (Petition seeking to stop the requirement to .)
☐ Restoration of Firearm Rights (RFR 2) (Petition seeking restoration of firearms rights under RCW 9.41.040 and 9.41.047.)
☐ School District-Required Action Plan (SDR 2) (Petition filed requesting court selection of a required action plan proposal relating to school academic performance.)
☐ Seizure of Property from the Commission of a Crime-Seattle (SPC 2)*
(Seizure of personal property which was employed in aiding, abetting, or commission of a crime, from a defendant after conviction.)
☐ Seizure of Property Resulting from a Crime-Seattle (SPR 2)*
(Seizure of tangible or intangible property which is the direct or indirect result of a crime, from a defendant following criminal conviction. (e.g., remuneration for, or contract interest in, a depiction or of a crime.))
☐ Structured Settlements- Seattle (TSS 2)* (A financial or insurance arrangement whereby a claimant agrees to resolve a personal injury tort claim by receiving periodic payments on an agreed schedule rather than as a lump sum.)
☐ Vehicle Ownership (PVO 2)* (Petition to request a judgment awarding ownership of a vehicle.) TORT, ASBESTOS
Civil-CICS Revised 04/2022
Page 4 of 6
☐ Personal Injury (ASP 2)* (Complaint alleging injury resulting from asbestos exposure.)
☐ Wrongful Death (ASW 2)* (Complaint alleging death resulting from asbestos exposure.)
☐
TORT, MEDICAL MALPRACTICE Hospital (MED 2)* (Complaint involving injury or death resulting from a hospital.)
(Complaint involving injury resulting from other than professional medical treatment.) ☐ Personal Injury (PIN 2)* (Complaint involving physical injury not resulting from professional medical treatment, and where a motor vehicle is not involved.)
☐ Products Liability (TTO 2)* (Complaint involving injury resulting from a commercial product.)
☐ Property Damages (PRP 2)* (Complaint involving damage to real or personal property excluding motor vehicles.)
☐ Medical Doctor (MED 2)* (Complaint involving injury or death resulting from a medical doctor.)
☐ Property Damages-Gang (PRG 2)* (Complaint to recover damages to property related to gang activity.)
☐ Other Health care Professional (MED 2)* (Complaint involving injury or death resulting from a health care professional other than a medical doctor.)
☒ Tort, Other (TTO 2)* (Any other petition not specified by other codes.)
TORT, MOTOR VEHICLE
☐ Death (TMV 2)* (Complaint involving death resulting from an incident involving a motor vehicle.)
☐ Wrongful Death (WDE 2)* (Complaint involving death resulting from other than professional medical treatment.)
☐ Non-Death Injuries (TMV 2)* (Complaint involving non-death injuries resulting from an incident involving a motor vehicle.)
☐ Property Damages Only (TMV 2)* (Complaint involving only property damages resulting from an incident involving a motor vehicle.)
☐ Victims Vehicle Theft (VVT 2)* (Complaint filed by a victim of car theft to recover damages.) RCW 9A.56.078 TORT, NON-MOTOR VEHICLE
☐
WRIT Habeas Corpus (WHC 2) (Petition for a writ to bring a party before the court.)
☐ Mandamus (WRM 2)** (Petition for writ commanding performance of a particular act or duty.)
☐ Review (WRV 2)** (Petition for review of the record or decision of a case pending in the lower court; does not include lower court appeals or istrative law reviews.)
☐ Other Malpractice (MAL 2)*
Civil-CICS Revised 04/2022
Page 5 of 6
⃰ The filing party will be given an appropriate case schedule at time of filing. **
Case schedule will be issued after hearing and findings.
Civil-CICS Revised 6/2016
Page 6 of 6
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