Amazon class action overview:
- Who: A Washington federal judge dismissed a class action lawsuit filed against Amazon.com Services LLC.
- Why: The judge determined the plaintiff failed to describe his consumer experience as resulting from an unfair or deceptive act or practice by Amazon.
- Where: The class action lawsuit was filed in Washington federal court.
A Washington federal judge dismissed a class action lawsuit filed against Amazon.com Services over claims it failed to provide refunds to consumers who paid extra for a delivery time slot that was then not met.
U.S. District Judge Kymberly K. Evanson sided with Amazon, ruling the terms applicable to an order that was the basis for the complaint adequately disclosed the possibility of delayed deliveries and the process by which such delays could be remedied.
The class action lawsuit was filed by the estate of Tonny Storey, who died in 2024, over claims Amazon failed to provide automatic refunds for late deliveries despite charging extra for specific delivery time slots.
Storey filed the complaint after ordering tea for $19.99 from Amazon and paying an additional $2.99 for a specific delivery window between 4 a.m. and 8 a.m. However, the delivery arrived five hours late, according to the Amazon class action.
The class action lawsuit argued Amazon’s failure to automatically refund the extra shipping fee for late deliveries was deceptive and violated Washington’s Consumer Protection Act (CPA).
Amazon argued consumer’s order did not qualify for guaranteed delivery
Amazon argued Storey’s order did not qualify for “Guaranteed Delivery” under the terms of his contract, and that the company’s Help pages clearly addressed the possibility of late deliveries, according to the dismissal order.
Judge Evanson determined the class action lawsuit failed to describe Storey’s consumer experience as resulting from an unfair or deceptive act or practice by Amazon.
The judge also rejected Storey’s argument that a reasonable consumer would expect an automatic refund for late deliveries, ruling Amazon had provided a method by which consumers could request a refund, which was sufficient.
The class action lawsuit was dismissed with prejudice, with the judge finding Storey had multiple opportunities to plead a valid CPA claim and failed to do so.
In February, a separate Washington federal judge dismissed a consolidated class action lawsuit that was filed against Amazon over claims the company wrongly charged Amazon Prime Video subscribers $2.99 per month for ad-free content.
Have you paid extra for an Amazon delivery time slot that was not met? Let us know in the comments.
Storey’s estate is represented by Adam J. Berger, Lindsay L. Halm and Lily Ramseyer of Schroeter Goldmark & Bender, and Irwin B. Levin and Scott D. Gilchrist of CohenMalad LLP.
The Amazon class action lawsuit is Estate of Tonny Storey v. Amazon.com Services LLC, Case No. C23-1529-KKE, in the U.S. District Court for the Western District of Washington.
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87 thoughts onAmazon class action over delivery fees dismissed
Amazon is constantly late with deliveries and on multiple occasions, when I purchase an item because it states next day, after I pay for the order, it switches to a later delivery date. Many time an item will state “Out for delivery” but after the due date/time expires I will get another message stating it is “delayed in transit”
Every Thing ordered never on time and amazon says they have refunded but when you check it has not
Add me. 80% of my deliveries are late since 2020
This is true. Add me please.