Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
Two South Carolina residents say Amazon eclipse glasses are defective in a way that puts users in danger of eye damage.
Plaintiffs Thomas Corey Payne and Kayla Harris say the eclipse-viewing glasses sold by Amazon are defective and unfit for their intended purpose, putting users at risk for serious eye damage.
Amazon sold the glasses at issue in advance of the solar eclipse that crossed North America on Aug. 21. According to Payne and Harris, viewing the eclipse through these Amazon eclipse glasses caused them headaches and temporary vision loss and impairment.
Looking directly at an eclipse without adequately protective eyewear can cause permanent retinal damage, known as solar retinopathy. The symptoms of solar retinopathy may not begin until several hours after exposure.
Ordinary sunglasses don’t filter enough light to prevent solar retinopathy. For that reason, the recent eclipse triggered a boom in the market for temporary eclipse glasses.
Tennessee-based manufacturer American Paper Optics projected it would make and sell 100 million pairs of eclipse glasses, about 10 million of which were sold to Amazon, the plaintiffs say.
According to Payne and Harris, safe viewing of an eclipse requires special purpose solar filters that meet a standard known as ISO 12312-2. But Amazon eclipse glasses apparently do not meet this standard, the plaintiffs say.
They claim Amazon knew what standard was required for safe eclipse viewing, yet still marketed these inadequate Amazon eclipse glasses anyway, knowing they would put users at risk for eye damage.
Amazon attempted to recall these Amazon eclipse glasses in an email announcement sent out Aug. 19, two days before the eclipse. The email stated that the supplier of Amazon eclipse glasses could not confirm that they were produced by a recommended manufacturer. Amazon recommended that people not use the glasses to view the eclipse.
The plaintiffs say this recall announcement was “tragically too little, too late.” Despite the allegedly inadequate email announcement, plaintiffs and their proposed Class Members still used these Amazon eclipse glasses to view the eclipse, exposing themselves to eye damage.
Payne says he bought a three-pack of eclipse glasses from Amazon on Aug. 1. He and Harris, his fiancée, say they never got notice of the Amazon eclipse glasses recall before they used these glasses to watch the eclipse.
A few hours later, Payne and Harris say they began to experience pain, eye watering, and visual distortions. Members of the proposed Class have experienced “varying degrees of eye injury ranging from temporary discomfort to permanent blindness,” they claim.
Payne and Harris’s proposed nationwide Class consists of all persons in the U.S. who purchased unsafe Amazon eclipse glasses from Amazon.com prior to Aug. 21, 2017.
They seek an award of damages and restitution, and a court order barring Amazon from continuing the allegedly unlawful marketing of Amazon eclipse glasses.
Counsel for the plaintiffs are James L. Ward, Jr. of McGowan Hood & Felder LLC, Jasper D. Ward IV and Ashton Rose Smith of Jones Ward PLC, Steven W. Teppler of Abbott Law Group PA, Kevin S. Hannon of The Hannon Law Firm LLC, and Jean Sutton Martin of Law Office of Jean Sutton Martin PLLC.
The Defective Amazon Eclipse Glasses Class Action Lawsuit is Payne and Harris v. Amazon.com Inc., Case No. 2:17-cv-02313, in the U.S. District Court for the District of South Carolina.
UPDATE: On Oct. 17, 2017, Amazon asked a South Carolina federal judge to dismiss a putative class action lawsuit over the allegedly defective solar eclipse glasses sold by the retailer, arguing that the plaintiffs are bound by an arbitration clause they agreed to when purchasing the glasses.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
40 thoughts onAmazon Class Action Says Eclipse Glasses Recall ‘Too Little, Too Late’
I purchase 10 pair from Arizona and found out about the recall more then a day before the eclipse to take the place and some of my family members had to go to the eye doctor afterwards thank you…
I purchased five and found out a couple days prior to the eclipse that I shouldn’t use them. By that time replacements were either unavailable or exorbitant is price.
I bought 10 pairs of glasses,and never heard anything from Amazon. Does that mean they were good glasses?It had the Eclipser on them and had the ISO12312-2 listed also.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
I purchased a ten pack to not only use, but to give to others. We traveled 1000 miles to view the eclipse for my daughters birthday. Amazon said to quit contacting them. They could not verify their safety.
Purchased a ten pack at Amazon weeks before the eclipse but did receive the email about them being recalled so had to hurry out and purchase from a qualified source!
Agreed, my wife bought same eclipse glasses. We both got the email on 19th, and promptly purchased ISO certified glasses from another seller locally.
If you chose to ignore Amazon’s warning not to use tthe glasses, you are the one at fault. It’s like the idiots playing patty cake in their Tesla and being pissed about getting in an accident. Use some common sense people.
Amazon will just file counter suit to recover court costs from these fools.
Do they live under a rock? Because they would have to be off the grid to miss the EXTENSIVE media coverage on this very issue. Nuisance lawsuits like this are just plain garbage.
This is silly. We got the notice long before we needed the glasses…got the refund promptly and we were able to score FREE ones from many places in the community. Including hospitals and libraries. Amazon did the right thing. It was ALL over the news! I will not join this class action. Sounds like someone trying to profit off this.
We purchased also and travelled to Nashville to view eclipse. We arrived in Nashville on Aug 18 and fortunately heard about the defective glasses the next day on the news. Unfortunately we weren’t able to view it like we wanted to. However, another family let us view it a couple times using theirs. Add me to the list please.
Saying add me to the list won’t do anything. They don’t know your info.. so you will have to fill out the forms
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
This recall required that I purchase replacement glasses at a premium since it came so late and close to the eclipse date…I think Amazon and its suppliers should reimburse me for the additional costs.
I was furious with Amazon over this. I had purchased our glasses in early July since we were at the epicenter and a few days before the eclipse I was scrambling to find glasses. I live in the Nashville area and it was nearly impossible to find any. I called all the stores, grocery, libraries, museums, etc. I finally found a woman who was selling them in our neighborhood and yes she had us pay $15.00 for each pair, these were the paper ones that folks were originally buying for just a couple of dollars.
I purchased 6 pair from amazon found out a recall and bought more from another place at 10 each