Two California residents are suing Amazon, alleging that the company failed to provide promised delivery speeds advertised as a benefit of the Amazon Prime
membership program. According to the allegations in the complaint:
"Through its uniform advertising claims, Defendant Amazon misrepresents its "Amazon Prime" membership. ("the Product") on a statewide and nationwide basis.
"Amazon markets specific benefits that consumers will receive by purchasing the Product, including "sameday" or "two day" delivery and shipping speeds. However, in reality, the Product does not provide actually provide its advertised benefits. Likewise, purchase of the Product does not confer the benefit of delivery within two days or within the same day. Consumers who purchase the Product, and subscribe to the Amazon Prime Membership, are often waiting substantially beyond the same day and more than two days for ordered items"
According to ClassAction.org
, which embedded the full complaint in its article reporting on the case, "The lawsuit looks to cover all consumers in California who signed up for Amazon Prime in the state on or after March 28, 2018."
Typically companies make it difficult for plaintiffs to file class action lawsuits by requiring they submit to arbitration (individually), but last year, Amazon changed its Conditions of Use to no longer require arbitration
. The Disputes section now states:
"Any dispute or claim relating in any way to your use of any Amazon Service will be adjudicated in the state or Federal courts in King County, Washington, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial."
Despite the new terms, the plaintiffs in Brittain et al. v. Amazon.com, Inc. filed the lawsuit in federal court in the Southern District of California and is demanding a jury trial.
A New York resident filed a similar lawsuit over Amazon Prime's delivery delays stemming from the COVID pandemic, according to TopClassActions.com
. That complaint was filed in May of 2020 in the Supreme Court of the State of New York County of Queens and can be found on a site called ChamberLitigation.com