Amazon class action over 2-day Prime shipping dismissed

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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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