Amazon Failed to Refund Consumer’s Shipping Fees After Missing Guaranteed Delivery Time, Class Action Says [DISMISSED]
Last Updated on March 27, 2025
Storey v. Amazon.com, Inc. et al.
Filed: September 15, 2023 ◆§ 23-2-17644-8
Amazon faces a class action wherein a consumer claims the online retail giant did not refund his additional shipping fee after failing to deliver an order by the promised guaranteed delivery time.
March 27, 2025 – Amazon Shipping Fee Refund Lawsuit Dismissed
United States District Judge Kymberly K. Evanson dismissed with prejudice the proposed class action lawsuit detailed on this page on March 21, 2025.
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Judge Evanson granted Amazon’s motion to dismiss the case in a 10-page order, finding that the plaintiff failed to allege the company engaged in an unfair or deceptive act.
According to the judge, Amazon’s Help & Customer Delivery pages adequately disclose that orders can arrive late and provide a process for customers to resolve an order-related complaint. Judge Evanson also noted that the plaintiff could have requested a shipping fee refund for the delayed delivery but opted not to.
“In summary, because the terms governing [the plaintiff’s] order contemplate his situation (delayed delivery) and provide a method by which he could remedy that situation (a refund request), the Court finds that [the plaintiff’s] complaint fails to describe his consumer experience as resulting from an unfair or deceptive act or practice of Amazon,” the federal judge wrote.
Learn all about the legal process: What is a class action lawsuit?
Amazon faces a proposed class action wherein a consumer claims the online retail giant did not refund his additional shipping fee after failing to deliver an order by the promised guaranteed delivery time.
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The 22-page lawsuit relays that despite Amazon’s terms and conditions, which state that the retailer will issue a refund of a customer’s shipping fees if it fails to meet its guaranteed delivery date or time, the plaintiff, an Indiana resident, was never reimbursed for shipping costs.
The plaintiff says that he paid in March 2023 an additional shipping fee of $2.99 to guarantee delivery of an order between 4 a.m. and 8 a.m. the following day. As the suit tells it, after Amazon issued several subsequent delivery updates that informed the man that the order was “on the way but running late,” the package was delivered five hours past the guaranteed delivery time.
Per the case, Amazon’s own tracking history for the delivery acknowledges that the company failed to meet the promised delivery time, which entitles the plaintiff to a refund of the shipping fee, as stipulated in the defendant’s terms and conditions. The plaintiff claims that, nevertheless, his $2.99 shipping fee has never been refunded by the company.
According to the complaint, Amazon averages more than half a billion deliveries per year.
“Even if only 1% of those shipments represent unmet guaranteed deliveries, at the low tier of $2.99, for which no refund was provided, nearly $15 million per year of shipping fees have been improperly retained by Amazon annually,” the filing alleges.
The lawsuit looks to represent any person or entity who purchased a product from Amazon or a third party on Amazon.com, paid a fee for guaranteed delivery on a stated date and/or time, whose product was not delivered on time, and who was entitled to a refund of shipping fees under the guaranteed delivery terms and conditions but was not provided one by Amazon.
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