Brittain et al v. Amazon.com, Inc. et al has been moved to the Western District of Washington and is awaiting amended filings which are currently due August 18, 2023.
Brittain et al v. Amazon.com, Inc. et al is still an open case as the court has been waiting for proof that the defendant, Amazon, has been properly served.
Value Added Resource has obtained a copy of the original complaint, which alleges false advertising and consumer harm.
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 “same day” 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.
Consequently, Defendant Amazons’ deceptive marketing tactics for the Product play out in two key ways. First, when consumers purchase the Product, they are shown advertised claims that the benefit of the Product includes free shipping within two days or the same day. However, after these consumers purchase the Product, and buy an item identified as one that qualifies for the Product’s same-day or two-day delivery speed, they do not receive the item within two days or within the same day.
Defendant Amazon’s second deceptive tactic involves changing the delivery date of a purchased item midway, during its transit. That is, when a person who has bought the Product, i.e., paid for an “Amazon Prime” membership, s/he is shown a specific delivery date. Yet, after completing his/her purchase, the buyer is provided with a longer delivery day or simply told that the item is delayed in transit and no expected delivery date is provided.
Here are some of the specific allegations the plaintiffs say are common to all claims:
FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS
Undoubtedly, shipping speeds are a highly important attribute to consumers. Many reasonable individuals decide where to buy a specific item based on how quickly the potential retail location for the purchase will deliver the ordered item.
Defendant Amazon, aware of how critical shipping speeds are to buyers, deliberately deceive consumers by purposely marketing the Product in a false and misleading manner, and lying to consumers about the purported shipping and delivery benefits that will receive when they buy the Product.
Plaintiffs and Class Members paid for the Product because they reasonably believed, based on Defendant Amazon’s advertising of the Product that they would receive items purchased from Defendant Amazon’s online store within two days.
Had Plaintiffs and other class members known that Defendant Amazon fails to provide the marketed benefits of the Product and fails to deliver items within the advertised time frames, they would not have purchased the Product or would have paid significantly less.
Plaintiffs and other similarly situated class members have been deceived and suffered economic injury. Additionally, they have incurred reputational damage and lost patients as well as a result of Defendant Amazon’s deceptive representations.
Defendant Amazon’s labeling, marketing and advertising uniformly involves multiple false and misleading statements, as well as material omissions of fact, concerning the Product that have injured Plaintiffs and the class by tricking them into buying the Product, and paying extra fees for “Amazon Prime” membership.
Consequently, Plaintiffs and class members received benefits that were entirely different from what they sought at the time of purchase. Hence, because the Product fails to the advertised benefits, services and quality of service promised, consumers are not receiving the benefit of their bargain.
Defendant Amazon has no reasonable basis for falsely advertising and deceptively marketing shipping speeds, or for perpetuating pervasive and systematic misrepresentations about the Product. As a result, consumers are consistently misled into purchasing the Product for commonly known and/or advertised benefits, when in fact no such characteristics could be had.
The malicious actions taken by Defendant Amazon caused significant harm to consumers. Plaintiffs and similarly situated class members who purchased the Product because they reasonably believed, based on Defendant Amazon’s marketing and advertising scheme, that they were purchasing a membership subscription that provided advertised benefits of faster delivery and shipping speeds.
Had Plaintiffs and other class members known the Product actually fails to provide any of its advertised services and benefits, they would not have bought the Product or would have paid substantially less money for it. As a result, Plaintiffs and similarly situated class members have been deceived and suffered economic injury.
Download the full complaint 👇
Buyers and sellers alike have noticed a slow down in Amazon Prime delivery times and now the company is facing a lawsuit due to the delays.
"False advertising" are the words a new class-action lawsuit uses to describe Amazon Prime's one and two-day shipping guarantees.
On November 10, San Diego County residents Barbara Brittain and Linda Dial filed a proposed class-action lawsuit in federal court to hold the online retail giant accountable for what they say is "negligent misrepresentation."
The class action, which still must be certified by the presiding judge, accuses Amazon of breaking state consumer laws by using "same-day" and "two-day" shipping as a perk for those who sign up for Amazon Prime membership.
"Amazon’s labeling, marketing, and advertising uniformly involve multiple false and misleading statements, as well as material omissions of fact, concerning the product that has injured Plaintiffs and the class by tricking them into buying the product and paying extra fees for Amazon Prime membership," reads the lawsuit...
...Attorneys Jacob Whitehead and Shalini Dogra are representing Brittain and Dial.
Whitehead says that a retailer as large as Amazon needs to follow through with the obligations they make.
“Amazon has a huge market share, and so when they make representations, they’re squeezing other people, other companies out," Whitehead told CBS 8. "When you go and purchase a product, you made a choice, maybe you didn’t use one of the other platforms because you said, ‘Hey, I’m already a Prime member I’ll get it within two days.’ They are making representations in order to squeeze out competitors, but they’re not actually following through with what they promised.”
The slowdown in Prime delivery times has also been a topic of discussion among sellers and buyers across social media.
Are you seeing slower Amazon Prime delivery times? Let us know in the comments below!