Nakano Kinuko Michelle
Email: kinuko.michelle@gmail.com
April 20, 2025

To: Legal Department, AmazingTalker

Subject: Formal Legal Notice Regarding Allegation of "Order Fraud" and Demand for Justification and Restoration

Dear Sir or Madam,

I am writing on behalf of the undersigned to formally dispute and challenge any alleged claim of "order fraud" (also referred to as "刷單") leading to the deactivation of my account and restriction of associated team functions on the AmazingTalker platform.

This letter serves as a legal demand to provide immediate clarification, justification, and remedy concerning this matter, pursuant to international principles of due process, fair treatment, and digital platform governance.

1. Burden of Proof Lies with the Accusing Party
   It is a well-established principle in both legal and commercial contexts that any serious accusation must be substantiated with concrete, objective, and verifiable evidence. The burden of proof lies solely with the party making the accusation. In this case, AmazingTalker must provide:

• The platform’s formal definition of "order fraud" as per its Terms of Service;

• The specific clause allegedly violated;

• A chronological record of alleged violations;

• Clear evidence indicating the non-existence or falsity of the student(s) involved.

Absent such formal presentation, any punitive action—such as account deactivation or loss of mentoring privileges—is both procedurally and contractually unjustified.

2. Required Evidence to Substantiate Fraud Allegation
   To legally sustain the charge of order fraud, the following elements must be evidenced:

a) Payment Verification Record:

• Proof that transactions were falsified or untraceable;

• If payments were made via legitimate channels (e.g., Stripe, verified crypto wallet), they remain legally valid.

b) Lesson Delivery Record:

• Evidence that lessons did not take place or were fabricated;

• The mere use of off-platform tools (e.g., Zoom) does not indicate fraud unless explicitly forbidden.

c) Pattern of Abuse:

• Isolated cases are insufficient. A fraud claim must prove an intentional, repeated pattern of manipulation.

3. Invalid Grounds for Allegation
   The following are not legally valid grounds to support a fraud accusation:

• Off-Zoom lessons that were mutually agreed upon or necessitated;

• A student’s low attendance or personal circumstances;

• Tutor’s income level or high ranking on the platform;

• Unverified complaints or interpersonal conflicts from other tutors.

Any action based solely on such circumstantial or speculative grounds violates principles of due process.

4. Legal Implications of Unsubstantiated Punitive Action
   Should AmazingTalker impose disciplinary action without presenting sufficient evidence or opportunity for defense, it may constitute:

• Breach of contract;

• Defamation and reputational harm;

• Grounds for claims of damages, retaliation, and wrongful termination of services.

5. Demand for Action
   In light of the above, I hereby demand:

6. The immediate reinstatement of my account and all team functionalities;

7. A written retraction of any reference to "order fraud" or similar misconduct;

8. A formal, clause-based explanation of the platform’s reasoning in this matter.

Failure to comply with these demands by April 21, 2025, will result in escalation through legal channels, including but not limited to: international legal counsel, consumer protection authorities, educator advocacy networks, and relevant media bodies.

This letter shall serve as formal legal notification.

Sincerely,

Nakano Kinuko Michelle