Class Action Claims Amazon has Misrepresented Same-Day, Two-Day Prime Delivery Benefits

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A proposed class action alleges Amazon has deliberately misrepresented the delivery and shipping benefits offered to Prime members. 

The 18-page suit out of California says that although Amazon claims Prime offers same-day or two-day delivery and shipping speeds, subscribers often must wait “substantially beyond the same day and more than two days” for the items they ordered. Per the complaint, Prime subscribers sign up for the service under the reasonable belief that Amazon will deliver on its same- or two-day delivery and shipping promises. 

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In light of this, the lawsuit states, Amazon’s “deceptive marketing tactics” concerning Prime memberships play out in two ways. First, when a consumer signs up for Prime, they are shown advertisements claiming Prime offers same-day or two-day shipping, only to have to wait longer than expected to receive an item advertised as eligible for Prime delivery, the case says. Second, Amazon “chang[es] the delivery date of a purchased item midway, during its transit,” meaning buyers are subject to longer delivery delays or “simply told that the item is delayed in transit and no expected delivery date is provided,” the suit alleges. 

As the lawsuit tells it, many consumers decide where to buy a certain item based on how quickly the product can be delivered. Amazon, aware of how important shipping speeds are to consumers, has deliberately misrepresented Prime, essentially lying to consumers about the purported shipping and delivery benefits of the service, the case alleges. 

“Had Plaintiffs and other class members known that Defendant Amazon fails to provide the marketed benefits of [Prime] and fails to deliver items within the advertised time frames, they would not have purchased the Product or would have paid significantly less,” the case contends. 

The suit charges that Amazon has “no reasonable basis for falsely advertising and deceptively marketing” Prime shipping speeds, “or for perpetuating pervasive and systematic misrepresentations about the Product.” As a result of Amazon’s conduct, the case claims, consumers are “consistently misled” into signing up for Prime. 

The lawsuit looks to cover all consumers in California who signed up for Amazon Prime in the state on or after March 28, 2018. 

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