Wayfair fraud case takes turn as suppliers countersue

Global online furniture retailer Wayfair has seen the three suppliers it is suing lodge countersuits, denying all allegations of fraud.

Late last year, Wayfair filed a lawsuit against Rosevera Corp., Mulhouse Furniture and Fully Wind Co., as well as the former Rosevera CEO and Fully Wind vice president Ping Hua Hsu and Mulhouse employee Tzu Ju Huang.

Supporting the filing, Wayfair said that this is ā€œmore than a simple breach-of-contract actionā€, with the case also about an alleged ā€œsophisticated fraudulent schemeā€ where ā€œdefendants concocted and effectuated to defraud Wayfairā€.

Wayfair said that the schemes, detailed below, has seen the company overpay by at least $1.5m.

However, in response all three suppliers have denied the allegations and said in court documents that Wayfair has allegedly been actively trying to ā€œput US based suppliers out of business and replace them with smaller operations working directly with its office in Chinaā€ and actually owes the companies more than $873,000 for ā€œrecent inventory purchasesā€.

They said that the businesses have processed close to $180m in Wayfair sales since 2015 and are ā€œloyal suppliersā€ with the sum Wayfair has said to be out of pocket deemed as ā€œnegligibleā€. Furthermore, the companies state that Wayfair did not reach out to ā€œinquire about any of the allegations set forth in the complaint and/or hear their side of the storyā€.

ā€œTo the extent that any mis-shipments or incorrect ZIP codes were utilised, it was caused by mistake and inadvertence by their agent, however, not derived from fraud,ā€ the documents said.

Detailed in previous documents submitted to the US court, Wayfair alleges that one scheme involved the production of false shipping labels by ā€œincorrectly entering all but the customerā€™s ZIP codeā€, which were then placed on ā€œempty packages so that Wayfairā€™s carrier still proceeded to deliver the empty package to the location (whether that location was real or fake)ā€.

In a second scheme, Wayfair alleges that it has been defrauded as the defendants used Wayfair purchase orders to ā€œgenerate shipping labels for their sales through to other retailersā€, which means Wayfairā€™s carrier accounts were charged for the associated shipping costs.

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