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Amazon Sign in page of Website with a finger touching the screen, representing the Amazon Prime class action lawsuit.
(Photo Credit: pixinoo/Shutterstock)

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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2,664 thoughts onAmazon class action over 2-day Prime shipping dismissed

  1. Michelle Merola says:

    Has happened a quite a few times to me.

  2. Kerry Maldonado says:

    I am absolutely upset with how Amazon says 2 days and I have PRIME and the items never arrive as stated.

  3. Margaret Owens says:

    Yes so many times this has happened to me , when I call I’m told it should be there in another day or so. I tell them it was supposed to be here in 2 days well give it a couple more days. If it don’t get there call us back. Or it gets canceled in mid shipment because the pkg got damaged or it wasn’t even shipped or they don’t know what happened to the pkg

  4. Jannice Y Porter says:

    Amazon don’t deliver in 2 days like they say , I’m an amazon prime member and there’s many times I’ve had to wait for longer than 2 days for my delivery.

  5. Rita says:

    I can attest to this being a Prime member myself.

  6. Carol Myers says:

    Agreeded. What about those of us who don’t live in California? We need a nationwide class action lawsuit!!

    1. Aline says:

      Why? So they can raise the prices and fire people? You don’t understand that there’s a supply chain shortage? That things happen? That people shouldn’t be in such a hurry? Maybe it’s the area you live in. I live in Florida and I had any troubles. Then again I don’t get all uptight about it because I also enjoy the music and the videos. Freaking whiners. Everybody looking for free money instead of working.

  7. LAQUINTA CLARK says:

    This is very True. All packages aren’t delivered within 2 days as expected. This was THE MAIN REASON WE SIGNED UP FOR PRIME MEMBERSHIP. BUT…..

  8. Carolyn Johnston says:

    I never get my packages in 2 days.

  9. Andrea Hudson says:

    This has been an issue for some time now. So many times I buy something that says it will arrive the next day or in two days and then you find that the item won’t arrive as advertised. Sometimes, in the cart and checkout, it will say it arrives at a certain time (next day or two day) but then after you pay and you get the order confirmation that pops up, the date will be different. It’s infuriating because we’ve all become dependent on their quick shipping and promise of delivery date/time and now it seems they’ve become too big for themselves.

    1. Tiera Rowe says:

      I’ve seen one day shipping maybe once. This is constantly a problem. I’ll order things on Tuesday that are supposed to arrive on Thursday and I’ll need them for Friday. As soon as I click pay it says it won’t come til Friday by 10pm. I’m an entertainer and I often have to make last minute arrangements because the service doesn’t provide what it promises! How can customers on the East Coast get in on this or start their own because it is beyond frustrating!! exactly!!

  10. Amazon Prime Customer says:

    This happens to me as well. Product doesn’t come in 2 days as promised when purchasing. AFTER the order is accepted, you’ll get an email saying the product will arrive 2 days AFTER it is shipped, instead of when it was actually purchased.

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