Update:
- Two plaintiffs voluntarily dismissed a class action lawsuit against Amazon.com related to its two-day shipping promises.
- Plaintiffs Barbara Brittain and Linda Dial filed the request in federal court in Washington to end the action.
- The plaintiffs claimed Amazon markets Amazon Prime service for expedited delivery within two days, yet members don’t actually receive those orders in that time frame.
- The plaintiffs filed a dismissal notice before Amazon filed either an answer or a motion for summary judgment.
Amazon Prime shipping class action lawsuit overview:
- Who: Two Amazon Prime members are suing Amazon.
- Why: The plaintiffs say the tech giant doesn’t keep its promise to members of delivering products on the same day or within two days of ordering.
- Where: The Amazon Prime shipping class action was filed in a California federal court.
(Nov. 14, 2022)
Amazon misrepresents the benefits of its Amazon Prime paid membership, advertising one-or-two day delivery timeframes that it doesn’t keep to, a new class action lawsuit alleges.
Plaintiffs Barbara Brittain and Linda Dial filed the class action lawsuit against Amazon.com on Nov. 10 in a California federal court, alleging violations of state and federal consumer laws.
According to the lawsuit, when Amazon users become Amazon Prime members, they do so with the understanding that one of the main benefits of membership is faster shipping.
The plaintiffs say Amazon markets the benefits of the paid service as providing expedited delivery, with consumers promised to receive their products within two days.
However, Amazon Prime members allegedly often don’t receive their orders on time.
“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,” the plaintiffs state.
Amazon Prime membership costs should be reimbursed, lawsuit states
The lawsuit says Amazon’s “deceptive marketing tactics” play out in two ways.
One is when a package simply doesn’t arrive in time, even though it was advertised as being eligible for same-day or two-day shipping.
The second is when Amazon switches the delivery date midway through the shipment, once the product is already on its way, the complaint states.
The plaintiffs seek to represent California residents who bought items through their Amazon Prime memberships. They are suing under California consumer laws, and for negligent misrepresentation, fraud and unjust enrichment.
The plaintiffs seek certification of the class action, restitution of membership fees, fees, costs and a jury trial.
“Based on the fact that defendant Amazon’s advertising misled plaintiffs and all others like them, plaintiffs bring this class against defendant Amazon to seek reimbursement of the premium them and the class members paid due to defendant Amazon’s false and deceptive representations about the (Amazon Prime membership),” the plaintiffs say.
Meanwhile, Amazon.com has been hit with a class action lawsuit alleging it intentionally makes it hard to cancel Amazon Prime memberships.
Are you an Amazon Prime member? Let us know what you think of these allegations in the comments.
The plaintiffs are represented by Shalini Dogra of Dogra Law Group PC.
The Amazon Prime class action lawsuit is Brittain, et al. v. Amazon.com Inc., et al., Case No. 3:22-cv-01764, in the U.S. District Court for the Southern District of California.
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2,689 thoughts onAmazon class action over 2-day Prime shipping dismissed
I need to file a law suit with amazon 2 day delivery. How do I apply
I just made an order yesterday and added more items to make it eligible for overnight morning delivery. This morning it said that the items would be delivered between 7AM-11AM, now it says tomorrow by 6PM! Multiple times we have ordered with 2 Day shipping and it takes even longer! What’s the point of having prime at that point???
I posted this at 1:54PM my time.
Part of the prime member not getting package for a week or so
Amazon is really full of it it always says you get a two-day shipping and you never do sometimes it takes two to three weeks I’ve waited 2 months before
This is beyond what any other company can get away with. I know Amazon has deep pockets for lawyers, but half of what is ordered with Prime shipping gets delayed. To make it worse, they wait until the last minute, then claim a shipping delay. Then they do not allow cancellation of the order until a certain number of additional days has passed. It is out and out fraud, and Amazon needs to learn to deal with customers honestly. I have plenty of records, so I’d be glad to be a plaintiff in Kansas.
what can be done about the misleading shipping times on Amazon? Here I am with an item that said next day delivery, and mid way into its shipping its become a 3 day turn around. the kicker is, I can still add the item to my cart and re order it and it says it will arrive next day! this has become common practice for Amazon. can I get an refunds on my Amazon Prime membership that’s now over $140 and keeps going up?
I am glad that I found this site. Even Temu will give you a little refund for late arrivals! I pay for Prime. I pay for the promised two days. Rarely do I ever get the package in two days. Very frustrating!
Looking to start class action in California against Amazon for recharging customers after returning items. I have many emails from Amazon admitting wrongdoing, and a well documented case of fraud. California law does not allow retailers to recharge customers beyond the 30 day return period. Amazon recharges for returns beyond 30 days all the time. Plus, the QR code return label is a scam devised by Amazon, to make it near impossible to prove you have returned the item. I have found how to get your money back when Amazon refuses to refund you, & then received a threatening email from Amazon.
We are quickly getting fed up with amazon. Once again…I just ordered something they said would be here today and when I completed the order it changed to two days from now. It’s outrageous. And by the way….we just renewed yesterday. Don’t we have a right to expect honesty?
I live in a rural area and I rarely get my Amazon Prime orders in two days. Amazon should not be charging rural folks Prime prices when they can’t fulfill the delivery promises. Please add me to the lawsuit.