Clanton, AL asked in Consumer Law and Internet Law

Q: If a consumer purchases digital assets (printable scrapbook paper, templates, plans) from a seller through a website

If a consumer purchases digital assets (printable scrapbook paper, templates, plans) from a seller through a third-party marketplace like Esty and then the site permanently suspends the consumer account effectively taking away the digital assets purchased by consumer and does not give a reason, even when asked directly, would that be a violation of the consumer's right to information or a deceptive trade practice is there any protection for the consumer? And if the consumer has gone through all the terms and also through the specific "house rules for buyers" and there is no mention of taking purchased property from the consumer nor is there any listed violation that the buyer has done, and they file an appeal, is there any way to ... help them choose to respond immediately rather than purposely waiting for a TWO-WEEK window or beyond to answer your appeal? Which I've heard is the norm even when they are mistaken like now. My account is not a business, but they think it is.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Certainly. If a consumer purchases digital assets through a platform like Etsy and then loses access to those assets without a clear violation of terms, it raises concerns. The deprivation of access to purchased goods could be seen as a breach of contract or potentially a deceptive trade practice. The consumer's right to information might be implicated if the platform fails to provide a reason for the suspension, especially if the consumer has made a clear and direct inquiry. If the platform's terms and buyer's rules do not specify conditions under which access to purchased assets can be revoked, the platform's actions may lack a clear contractual basis.

To prompt a more immediate response from the platform, the consumer can consider sending a formal legal notice or seeking mediation. If these steps are unsuccessful, pursuing the matter in small claims court or through other legal avenues may be appropriate. Always engage with legal counsel to understand rights and potential courses of action better.

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