Technology

Amazon Files Lawsuit Against Influencers Allegedly Promoting Fakes

TechnologyNov 13, 2020

Amazon Files Lawsuit Against Influencers Allegedly Promoting Fakes

The retail giant is taking legal action against 13 defendants accused of false advertising and selling counterfeit products from Gucci, Dior, and other luxury brands.

20201113_Amazon_header.jpg
The retail giant is cracking down on counterfeit goods, filing a lawsuit against more than a dozen defendants accused of false advertising and selling fake luxury items.

Seattle—Amazon.com Inc is taking legal action against more than a dozen sellers of alleged counterfeit products, including two influencers.

The retail giant filed a lawsuit against 13 individuals and businesses for advertising, promoting, and facilitating the sale of counterfeit luxury goods in Amazon’s store, in violation of its company policies and the law.

Filed in the United States District Court for the Western District of Washington, the suit alleges that defendants and influencers Kelly Fitzpatrick and Sabrina Kelly-Krejci worked with sellers to promote counterfeit goods on their Instagram and TikTok accounts and their websites.

They would post side-by-side photos of a generic, non-branded product and a luxury counterfeit product with the message “Order this/Get this.”


A screenshot from Fitzpatrick’s Instagram account (Image courtesy of Amazon’s court filing)
The process worked like a hidden link, explained Fitzpatrick to her followers in a social media post shared in Amazon’s court filing.

“You order a certain product that looks nothing like the designer dupe in order to hide the item from getting taken down [by Amazon] and orders being cancelled.”

To evade anti-counterfeit protections, Amazon said the two would only post the generic item for sale, but then promote the counterfeit items on their social media accounts.

Customers would place an order for this generic product but receive a counterfeit luxury product instead.

Fitzpatrick and Kelly-Krejci also allegedly posted numerous videos describing the high quality of the fake goods, Amazon said.

“These defendants were brazen about promoting counterfeits on social media and undermined the work of legitimate influencers,” said Cristina Posa, associate general counsel and director, Amazon Counterfeit Crimes Unit, in a press release.

Amazon opened its Counterfeit Crimes Unit division in June, assembling a team that specializes in investigating and bringing legal action against bad actors.

Posa said this case demonstrated “the need for cross-industry collaboration in order to drive counterfeiters out of business.”

Amazon is investing resources to stop counterfeit goods from ever getting to the site, Posa said, adding that social media sites also need to monitor accounts that use their services for illegal purposes.

Fitzpatrick was previously a member of the Amazon Influencer Program, which lets members advertise and link to Amazon products in exchange for a percentage of the sales. She was removed when Amazon detected alleged counterfeiting.

She continued to advertise the fake goods, Amazon said, directing followers to her website. Amazon detected similar behavior from Kelly-Krejci.

“[N]ow as most of you know Amazon [sic] has really

cracked down on dupes … now they’re [sic] are barely any [dupes on Amazon],” said Fitzpatrick, as per Amazon’s press release. “Our very trusted seller of the last year has moved to DH Gate … I know it’s a big change to switch from Amazon to DH Gate but this guarantees that the links do not get reported and shut down sometimes cancelling our orders.”

DH Gate is a wholesale e-commerce platform based in China.

“Fitzpatrick’s ability to move her counterfeiting from one e-commerce site to another shows how pernicious her activity really is, and how she is only likely to be stopped by way of the requested court order,” said Amazon in a court filing.

Instagram took down her account on July 27, per a court filing, but Fitzpatrick opened a new account on July 31 and allegedly continued to promote counterfeit goods.

When that account was also taken down on Aug. 10, she created a new one the next day and launched her own website.

She also allegedly promoted the sale of counterfeit goods on Etsy.

An investigator retained by Amazon made several test purchases, receiving counterfeit belts, bags, wallets, and sunglasses claiming to be from Gucci, as well as a purse and bracelet from Dior.

Amazon repeated the process with Kelly-Krejci, monitoring her social media accounts and websites as she allegedly promoted counterfeit goods. Test orders were placed for handbags said to be from Gucci and Dior.

Upon receiving counterfeit products, the accounts that sent the merchandise were shut down.

The influencers’ current websites and social media accounts appear to have been taken down as of Friday morning.

Amazon said it “strictly prohibits counterfeit products in its stores, and in 2019 alone, invested more than $500 million to protect customers and brands from fraud, abuse, and counterfeit.”

The company is seeking an injunction against Fitzpatrick, Kelly-Krejci and the connected parties as well as profits from counterfeit Amazon sales and attorneys’ fees and costs in filing the lawsuit. The total amount was undisclosed.

Amazon has filed several lawsuits against counterfeiters, including a joint lawsuit with Italian luxury fashion brand Valentino, cosmetics retailer KF Beauty, and JL Childress, a seller of travel products for parents.
Lenore Fedowis the senior editor, news at National Jeweler, covering the retail beat and the business side of jewelry.

The Latest

CD Peacock Mansion in Oak Brook, Illinois
EditorsNov 22, 2024
Out & About: Inside the CD Peacock Mansion

Step inside the nearly 21,000-square-foot suburban Chicago jewelry store with Editor-in-Chief Michelle Graff.

Xander Jane earrings
CollectionsNov 22, 2024
Piece of the Week: Xander Jane’s ‘Spiked’ Pearl Studs

These punk-inspired earrings from the new Canadian brand’s debut collection reveal the alter ego of the classic pearl.

Facets of Fire Pear and Marquise Diamonds
SourcingNov 22, 2024
Facets of Fire Expands to Include Pear, Marquise Diamonds

The company brings its nanotechnology to two new fancy cuts for diamonds that feature its signature color and brilliance.

Jewelers Mutual Group Cybersecurity
Brought to you by
Navigating Cybersecurity: Essential Guidance for Jewelers

From protecting customer data to safeguarding inventory records, it's crucial to learn how to tackle cybersecurity challenges.

5 main.jpg
Supplier BulletinNov 21, 2024
Tasha R Releases 2025 Labbelle Lab Diamond Jewelry Catalog

Sponsored by Tasha R

Weekly QuizNov 21, 2024
This Week’s Quiz
Test your jewelry news knowledge by answering these questions.
Take the Quiz
18-karat gold Tiffany & Co. pocket watch Captain Arthur Rostron
AuctionsNov 21, 2024
Gold Watch Gifted to Titanic Rescue Ship Captain Sells for $2M

Three Titanic survivors presented him with the personalized Tiffany & Co. timepiece about a year after the tragedy.

Harris Jewelry storefront
MajorsNov 21, 2024
Harris Jewelry Ordered to Reopen Claims Portal for Refund Requests

A federal court found that the jewelry store chain violated terms of the settlement reached after it was accused of defrauding customers.

Article-Top-Image.jpg
Brought to you by
Enhance Your Expertise with IGI’s In-Person Courses in NYC

This fall, sharpen your skills in jewelry grading, quality control and diamond assessment.

Cynthia Erivo wearing Have a Heart x Cynthia Erivo collection
CollectionsNov 21, 2024
Channel Elphaba in Muse’s ‘Have a Heart x Cynthia Erivo’ Collection

Cynthia Erivo chose Dreams of Hope, an organization dedicated to empowering LGBTQA+ youth, as the charity for this year’s collection.

Rocksbox San Francisco store
MajorsNov 21, 2024
Rocksbox Opens Pop-Up Store in San Francisco

The new space was designed to evoke a warm, inviting vibe.

Mary Moses Kinney
IndependentsNov 21, 2024
Mary Moses Kinney Is Now Part of The Edge’s Team

Kinney, who spent nearly 30 years at IJO, has been hired to head Abbott Jewelry Systems’ new virtual marketplace.

Sotheby’s New York building
CrimeNov 20, 2024
Sotheby’s to Pay $6.25M Settlement to NY State for Alleged Tax Fraud

The auction house was accused of helping clients avoid paying taxes on millions of dollars’ worth of art purchased from 2010 to 2020.

Kering logo
Events & AwardsNov 20, 2024
Kering Debuts New Jewelry Award With Sustainability Focus

The four finalists will present their pieces at the 2025 JCK Las Vegas show.

Model wearing pieces from Camera Oscura collection
CollectionsNov 20, 2024
Pamela Love Channels Surrealist Artists in New Collection

The “Camera Oscura” collection showcases earring designs celebrating female Surrealist artists Claude Cahun and Leonor Fini.

Columbia Gem House “Pebbles to Pines” fundraiser
Policies & IssuesNov 20, 2024
Columbia Gem House Raises $10K for Reforestation Efforts

The money will fund the planting of 10,000 trees in critical areas across Oregon, Arizona, Montana, and other regions.

The jewelry symposium 2025
Events & AwardsNov 20, 2024
The Jewelry Symposium Opens Registration, Scholarship Applications

The event centered on advancing jewelry manufacturing technology will return to Detroit in May 2025.

Stock image of police cars with lights on
CrimeNov 19, 2024
Woman Killed in Armed Robbery of Sacramento Jewelry Store

Local reports identified the woman as the wife of the jewelry store owner.

Tsar Ferdinand I Bulgaria colored diamond pin and emerald diamond ring
AuctionsNov 19, 2024
‘A Tsar’s Treasure’ Fetches $2.9M at Sotheby’s Jewelry Sale

A collection of pieces owned by Ferdinand I, the first king of modern Bulgaria, and his family, blew away estimates in Geneva last week.

Trove NYC flagship exterior
MajorsNov 19, 2024
Trove Opens First US Flagship in NYC

The Australian jewelry box brand’s new West Village store will showcase new jewelers each month through its Designer in Residence program.

Snoop Dogg and Carolyn Rafaelian
CollectionsNov 19, 2024
Snoop Dogg’s New Jewelry Collection Is All About Love

“Lovechild” was created in partnership with Carolyn Rafaelian’s Metal Alchemist brand.

Helzberg CEO Brad Hampton
EditorsNov 18, 2024
Q&A: Helzberg CEO Brad Hampton on the Jeweler’s Rebrand

Hampton discussed how Helzberg is improving the customer experience and why it was inspired by the company formerly known as Dunkin’ Donuts.

Andrea Jose jewelry
Policies & IssuesNov 18, 2024
Reciprocity Jewels Returns to NYC Jewelry Week

The group will host several curated events and an exhibition of designer jewelry made with Peruvian gold traceable to the miners’ names.

Dolly Parton and Kendra Scott
CollectionsNov 18, 2024
Dolly Parton Shines in Collaboration with Kendra Scott

The collection honors the 50th anniversary of Dolly Parton’s “Love is Like a Butterfly” song, which shares a birth year with Kendra Scott.

IGI Expressions
Events & AwardsNov 18, 2024
IGI Jewelry Design Competition Returns

This year’s theme asks designers to take inspiration from classic fairy tales.

New York Comic Con Javits Center crowd
EditorsNov 15, 2024
Why Fine Jewelry Belongs at New York Comic Con

Senior Editor Lenore Fedow makes the case for why more jewelers should be appealing to nerds at the annual event.

Marie Lichtenberg and Raiz’in collection
CollectionsNov 15, 2024
Marie Lichtenberg Battles Counterfeits with New ‘Raiz’in Scapular’ Designs

The latest “Raiz’in” drop showcases a newly designed “Scapular” necklace and donates a portion of the proceeds to Make-A-Wish France.

Citizen 100th Anniversary Limited Edition #1 Pocket Watch
WatchesNov 15, 2024
Piece of the Week: Citizen’s Commemorative Pocket Watch

No. 1 out of 100, the timepiece was created to mark Citizen’s 100th anniversary and will be auctioned off at Sotheby’s next month.

×

This site uses cookies to give you the best online experience. By continuing to use & browse this site, we assume you agree to our Privacy Policy