Ina Steiner EcommerceBytes Blog
News and insight focusing on ecommerce.
by Ina Steiner, Editor of EcommerceBytes.com
Mon Nov 14 2022 21:25:36

Shoppers Sue Amazon over Prime Delivery Promise

By: Ina Steiner

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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.



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Perminate Link for Shoppers Sue Amazon over Prime Delivery Promise   Shoppers Sue Amazon over Prime Delivery Promise

This user has validated their user name. by: The End

Tue Nov 15 01:41:34 2022

Holy Cow !
All I see in my area are Prime trucks SCRAMBLING to get the packages out.
Somebody's gonna get Killed !

Perminate Link for Shoppers Sue Amazon over Prime Delivery Promise   Shoppers Sue Amazon over Prime Delivery Promise

by: AddyUp This user has validated their user name.

Tue Nov 15 07:59:36 2022

Over this side of the pond every time there's an Amazon delivery in the area many check their cars for dents.

When I was in a queue an Amazon van mounted the pavement bumped the rear nearside of my car. It sped along the pavement forcing a pedestrian to jump out the way before speeding away.

Perminate Link for Shoppers Sue Amazon over Prime Delivery Promise   Shoppers Sue Amazon over Prime Delivery Promise

by: TomH This user has validated their user name.

Tue Nov 15 08:29:46 2022

I've been a Prime customer from nearly the beginning of Prime. Due to some health issues I've been a heavy user of the services. Prime delivery, in my experience. has been in steady decline for the last three years. I estimate only about 70% of my orders arrive within the stated promise.

I also use Amazon Fresh and Whole Foods and their performance has been excellent and on time as promised. I purchase 80% of all grocery items through them; again due yo mobility issues.

Perminate Link for Shoppers Sue Amazon over Prime Delivery Promise   Shoppers Sue Amazon over Prime Delivery Promise

by: Weirdbooks This user has validated their user name.

Tue Nov 15 09:30:43 2022

Prime has two problems.  The first is what this lawsuit seems to be targeting, where Amazon promises 1 or 2-day delivery then misses that date.

Second is the issue where customers have been conditioned through advertising to associate Prime with fast 1 or 2 day delivery but Amazon has typical delivery dates stated that are much longer than 2 days.  Items that are over $25 and would otherwise normally have free shipping get badged with the Prime label when there is NO need to have Prime to get that item delivered in the same (or better) timeframe.

An example is https://www.amazon.com/Box-Partners-Bookfold-Easy-Fold-Mailers/dp/B00B
T5ID1S.
  If logged in with Prime, you see a Prime delivery date on Nov 28 (if ordered early on Nov 15).  But without Prime, you see: FREE delivery Friday, November 25.  In this case you are paying for Prime's ''Fast delivery'' promise, but are getting slower delivery than a customer who orders without Prime.

Perminate Link for Shoppers Sue Amazon over Prime Delivery Promise   Shoppers Sue Amazon over Prime Delivery Promise

by: cvsharkey This user has validated their user name.

Tue Nov 15 19:53:58 2022

Having been a Prime Dye-Hard until last September, when dues
increased, they have many different options for EACH item listed. Is it a 3rd party item shipped by the vandor? Or a 3rd party item shipped by Amazon (And even should Amazon ship it--if you need to return it you have to go to the vendor.) And other particulars you learn to check as part of your cart. Used books. Different & outside of the program, as you know.
Then, it is a matter of WHEN Amazon ships it. It must be within 24 hours IF they have any chance of meeting a delivery deadline. In this, USPS is not helping as they are NOT scanning & delivering those updates to their online tracking system.

Honestly, it's an Amazon shell game. But they may have a shot at winning. (ALthough with the announcement that Bezos is giving his billions to charity--it might swing an issue is a court.

Perminate Link for Shoppers Sue Amazon over Prime Delivery Promise   Shoppers Sue Amazon over Prime Delivery Promise

by: ShortSeller This user has validated their user name.

Wed Nov 16 16:57:28 2022

Complaints like this are arising as Amazon is engaging in actions which may lend one to have the opinion they are deliberately delaying packages to cut their logistics costs while simultaneously selling a service principally for faster delivery speeds. If you dig into this you'll find there are a number of zip codes across the US where Amazon has arbitrarily imposed a 4-5 business day delivery cycle despite locations located as little as less than a few hundreds meters away receiving standard 1-2 day delivery times. Play around with zip parings and watch how much delivery times jump despite product obviously being located in the same central distribution facilities servicing the same geographic area. Well played Jeff.

Perminate Link for Shoppers Sue Amazon over Prime Delivery Promise   Shoppers Sue Amazon over Prime Delivery Promise

by: METALDAD2112 This user has validated their user name.

Thu Nov 17 03:33:58 2022

Correct over-promise & Under-Deliver as a sales tool ... Bottom Line STOP-LYING! --- AMAZON  

Perminate Link for Shoppers Sue Amazon over Prime Delivery Promise   Shoppers Sue Amazon over Prime Delivery Promise

by: Chicago48 This user has validated their user name.

Thu Nov 17 05:37:56 2022

No complaints from me, it's still faster than the USPS.

Perminate Link for Shoppers Sue Amazon over Prime Delivery Promise   Shoppers Sue Amazon over Prime Delivery Promise

This user has validated their user name. by: Bidonmine

Thu Nov 17 08:50:10 2022

Remember when, before Amazon Prime, mail-order delivery took 10 days for a month, and, no one complained. Amazon has created artificial expectations that cannot be met in a random World.

Perminate Link for Shoppers Sue Amazon over Prime Delivery Promise   Shoppers Sue Amazon over Prime Delivery Promise

by: Snapped This user has validated their user name.

Thu Nov 17 13:32:10 2022

“ Amazon has created artificial expectations that cannot be met in a random World.”

Dominoes Pizza called.  They want to know if the tag line “30 minutes or it’s free” rings a bell.  

Perminate Link for Shoppers Sue Amazon over Prime Delivery Promise   Shoppers Sue Amazon over Prime Delivery Promise

This user has validated their user name. by: Bidonmine

Thu Nov 17 15:05:36 2022

@Snapped .... And you know what a disaster the domino's guarantee created (accidents etc).

Perminate Link for Shoppers Sue Amazon over Prime Delivery Promise   Shoppers Sue Amazon over Prime Delivery Promise

by: HappyOne This user has validated their user name.

Thu Nov 17 19:28:29 2022

I buy many items on Amazon either not available locally or at prices much lower. Usually the item come within two days. What do people hope to gain with this lawsuit? My bet is there is enough small print in the agreement to legally cover Amazon. Don’t like the service? Easy don’t renew or cancel - waste of time.

Perminate Link for Shoppers Sue Amazon over Prime Delivery Promise   Shoppers Sue Amazon over Prime Delivery Promise

This user has validated their user name. by: iheartjacksparrow

Fri Nov 18 19:45:15 2022

I had my first bad Amazon experience today. The new Pokemon game for the Switch was released today and I had it on pre-order for delivery today. I just got a message it would be delivered Saturday or Sunday. Oh no!  



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