Amazon class action claims retailer is violating injunction on false reference pricing

Amazon pricing class action lawsuit overview: 

• Who: David Ramirez filed a class action lawsuit against Amazon.com Inc. and Amazon.com Services LLC. 
• Why: Ramirez claims Amazon is violating an injunction against using false reference pricing on its website with purported “time-limited sales” on its Amazon Fire TVs and Amazon Fire TV bundles.
• Where: The class action lawsuit was filed in Washington federal court.

A new class action lawsuit charges that Amazon is flouting an injunction against using false reference pricing on its website with its “purported time-limited sales” on its Amazon Fire TVs and Amazon Fire TV bundles. 

Plaintiff David Ramirez’s class action lawsuit claims Amazon is flouting a judgment placed on it by a San Diego County Superior Court judge in March 2021 by allegedly falsely representing to its customers that they are getting a “Limited time deal,” on its Amazon Fire TVs, in order to suggest they need to “act fast before the putative sale disappears.” 

Ramirez argues that, in reality, most Amazon Fire TVs as of Sept. 10, 2024, were not sold at their advertised list price since 2023, but, rather, consistently sold often hundreds of dollars below them during the class period. 

“The Fire TVs are not in fact on ‘sale.’ The advertised sales prices are not ‘limited time deals.’ The List Prices are not real. Amazon tricks its customers into buying Fire TVs by making them believe they are buying Fire TVs at steep discounts,” the Amazon class action says. 

Ramirez wants to represent a nationwide class of consumers who, within the applicable statute of limitations, purchased one more Amazon Fire TVs when such TVs had not been sold at their given List Price within the prior 90 days. 

Amazon has ignored injunction for ‘nearly the entirety of class period,’ class action claims 

Ramirez argues Amazon has been ignoring the injunction for effectively the entire class period of his proposed class action lawsuit.

“The injunction was to remain in effect from April 1, 2021, through April 1, 2024, overlapping with nearly the entirety of the class period in this case,” the Amazon class action says. 

Ramirez claims Amazon is guilty of quasi contract/unjust enrichment, intentional and negligent misrepresentation and breach of contract, and violating the Washington Consumer Protection Act. 

The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of actual, compensatory, statutory, treble and/or punitive damages for himself and all class members.

Last month, the U.S. Consumer Product Safety Commission issued an order deeming Amazon a “distributor” of products on its website that are defective or unsafe, meaning it will bear legal responsibility for recalling dangerous products. 

Have you purchased an Amazon Fire TV sold at a list price that it hadn’t been sold at in the prior 90 days? Let us know in the comments.

The plaintiff is represented by Todd Wyatt of Wyatt Gronski PLLC and Yeremey O. Krivoshey and Joel D. Smith of Smith Krivoshey, PC. 

The Amazon pricing class action lawsuit is Ramirez, et al. v. Amazon.com Inc., et al., Case No. 2:24-cv-01444, in the U.S. District Court for the Western District of Washington.

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