Amazon class action lawsuit overview:
- Who: Two Florida residents filed a class action lawsuit against Amazon.com Inc. and Amazon.com Services LLC.
- Why: They claim Amazon overcharges and collects sales tax on purchases of tax-exempt items made by Florida consumers.
- Where: The class action lawsuit was filed in Washington federal court.
A new class action lawsuit alleges Amazon unlawfully charged and collected sales tax on purchases of tax-exempt items made by Florida consumers.
Plaintiffs Kerrianne Hopkins and Elin Boyd’s class action lawsuit claims Amazon systematically charges and collects sales tax from Florida customers who purchase certain “Sales and Use Tax Exempt Items” on Amazon.com, even though those items are exempt under state law.
Hopkins and Boyd argue Florida law exempts certain items from sales tax, including baby and toddler products, such as cribs, strollers, safety gates, monitors and clothing for children aged 5 and younger.
The plaintiffs claim Amazon adds a 7% sales tax charge to the customer’s subtotal during purchase transactions, despite Florida law prohibiting such charges on tax-exempt items.
“Defendants have, among other things, violated the Florida Deceptive and Unfair Trade Practices Act,” the Amazon class action lawsuit alleges.
In their complaint, Hopkins and Boyd point out that while they bought supplies for babies and toddlers, Florida grants sales tax exemptions to several other categories, such as oral hygiene products, firearm safety equipment and Energy Star-rated appliances.
Hopkins and Boyd want to represent consumers who paid sales tax on Amazon sales and use tax-exempt items delivered to Florida from March 18, 2021, to the present.
Amazon allegedly misled Florida consumers into believing tax was owed
The plaintiffs argue Amazon misleads Florida consumers into believing that sales tax is owed on products that are exempt from such taxes.
“Defendants’ routine practice of overcharging Florida consumers undermines the spirit of the retail sales agreement, denying consumers the benefit of their bargained for price by inflating the associated tax burden beyond the legal requirement,” the Amazon class action lawsuit alleges.
Hopkins and Boyd claim Amazon is guilty of fraudulent misrepresentation, unjust enrichment, breach of contract, unconscionability, conversion, negligence, negligent misrepresentation and violations of the Florida Deceptive and Unfair Trade Practices Act.
The plaintiffs demand a jury trial and request declaratory and injunctive relief and an award of actual and punitive damages for themselves and all class members.
In another lawsuit, Amazon was recently accused of misleading customers about their rights to digital content purchased from the Amazon Prime Video platform.
Have you paid sales tax on a tax-exempt item on Amazon.com? Let us know in the comments.
The plaintiffs are represented by Manish Borde of Borde Law PLLC, Robert K. Shelquist and Charles Barrett of Cuneo Gilbert Flannery & LaDuca LLP and D. Michael Campbell of Campbell Law.
The Amazon sales tax class action lawsuit is Hopkins, et al. v. Amazon.com Inc., et al., Case No. 2:26-cv-00930, in the U.S. District Court for the Western District of Washington.
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