Santa Clara, CA: Amazon is facing a consumer fraud class action lawsuit alleging false advertising and consumer fraud. Brought by named plaintiff Gregory Harris, the lawsuit claims Amazon charged Harris, and others similarly situated, fees that were additional to advertised products' purchase prices.
Specifically, Harris claims that Amazon represents to consumers they can use its services to purchase products directly from its website at no cost to the consumer besides the cost of the product. However, the suit alleges, Amazon.com charged Harris and others in the class additional fees, specifically an "Amazon Prime" membership fee.
The lawsuit claims violations of the Electronic Funds Transfer Act, violations of California's Consumer Legal Remedies Act, and violations of California's Unfair Competition Law.
Harris and others in the class seek injunctive relief, actual damages, punitive and statutory damages, interests, attorney fees and other costs of the suit. They are represented by attorneys Todd M. Friedman and Adrian R. Bacon of the Law Offices of Todd M. Friedman in Beverly Hills, California. The defendant removed the case to U.S. District Court for the Central District of California in February.
The case is: Superior Court of California County of Los Angeles Case number BC606984
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Here's one for the books about Amazon.
Re: Prime.
There is no free shipping under the membership which I was lead to believe since 2013.
After a discovery yesterday with an order I received and wanted to return.
I saved myself a trip to the post office because my neighbour received a package and asked the Amazon carrier if he take my return back to it's local destination which wasn't a problem.
I had received my refund but not in full.
The item I purchased was $11.95 grand total was$13.50 txs. included.
The remainder was the shipping cost of $6.94. Where's the free shipping?
What I had figured out the actual retail price of the item should of been around $5.01.
Surprised no one caught on long ago. I just caught it by a fluke the other day.
I will be demanding answers other words it's classified as "false advertising" of a service I'm not receiving.
Posted by Greta Cox
on
Amazon Continues to charge my daughters card for Amazon Prime. I have called them 5 times about this issue .My daughter is an adult and lives in a different city four hours away. She has never given Amazon permission to charge her card. I want in on this lawsuit too. Someone needs to hold them accountable.
Posted by Glenn Smith
on
For the third time in two years, I've contacted Amazon to cancel membership to Amazon Prime. I've never, ever once signed up for their service, nor used this service, and I don't wish to ever sign up, or use Amazon services, ever, ever in the future. Yet, every six months or so, after reviewing my personal credit card data for tax purposes, I find I've again been charged for Prime Time membership @ $14.00(+/-) per/mo for the previous six months. I then always have to look up a dozen Amazon Sites to get a contact number, of which there never is one posted. I then try 3rd parties to get a number. I eventually connect to Amazon, demand that I never ever wish to become a member, nor ever will ship with Amazon or use Amazon TV. They always state that they can only refund the current monthly charge. Twice, I've canceled my credit cards to thwart future charges, but they somehow always get my newest credit card number(s). I wish a Class Action law-firm would contact me for inclusion, in trade of documented testimony...
Posted by Emily J
on
I have Amazon Prime and have been locked out of my account for months now. I first notice the problem on my Samsung Note. When I tried to sign in, I got password invalid. When i went to reset, it asked me a security question that I did not recognize, nor have the answer to. I called Amazon, a obviously foreignGuest Services Agnet told me that Amazon data mines your profile information to create your password question and the answer!!!!! On that same call, in order to verify my account, the GS person asked for the security code on my debit card. My debit card had been replaced because ti had been compromised and I had a new debit card. Of course, I had cut up and thrown away the old card away and did not have my security code. So guess what? I cannot use my Amazon Prime account. After posting my dismay on FB, Amazon contacted me, wanted proof of what I was claiming. They replied that they did not create security questions. LIE, LIE, LIE. I would like to pursue legal action. Can anyone provide a contact?
Posted by Kent Nelson
on
Amazon is still acting in a unlawful manor.
Orders placed with no tracking info. Fraudulent claims of canceled orders. Holding our funds with claims of cancellations and no feedback. I have many emails and statements that they follow up. That does not happen. They need to go out of business.
Posted by gerald anderson dayton ohio
on
i was unaware of signing up for amazon prime when i ordered i canceled and had my bank cancel my cards they charged me 106.18 and i ask for a full refund and cancel my membership and i have asked them to mail me a check they said sure you would receive it in 5 to 10 business days that was on September 18 still haven't heard from them yet and when you call their 866 number i ask them where they are located at they told me central America Honduras or the Caribbean island this is not good please if anyone orders from amazon please ask for their location before ordering from them i know ill never order from them again their a scam
Posted by Sharpshooter
on
Under Prime, they ship the next day instead of sitting on the order for four days.
Posted by sam
on
what happens is you see free 10 days. so people click on it and forget to cancel after the free days. get charged then what to make a law suit.... America everyone looking for something that's why everything is so high. law suit happy people
Posted by Chris M.
on
Amazon consistently charges higher prices for items "eligible" for prime.
They advertise Prime like you get free shipping on everything. NO. You only get free shipping on items where they have already jacked the price up by 50%. And then they charge you the $99 annual membership fee.
Posted by Ruth
on
Amazon does a lot more than just scam people on prime. They also keep monies and collect interest on those monies that don't belong to them from sellers accounts. Amazon seller accounts were hacked this year, thousands of them according to an employee I talked to, some how amazon allowed their system to be compromised and thousands of sellers suffered because of it . It's been over 2 mths now for my company and amazon still refuses to '''fix''' my sellers account and send me the monies they owe from my customer sells, while I'm out on product, time and monies for those sales. All the while I'm sure amazon is collecting interest on those monies that does not belong to them.
Posted by Anna Clark
on
We were also hit with this charge, it went down our cards that were on our account til it could charge one. It was not authorized on the card it charged. Would like to be part of this suit.
Posted by R. Newman
on
I would like to be a part of this claim. Happened to me, but got it cancelled, charge still hit my account.
Posted by MICHAEL FLORES
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i have had this happen numerous times over and over making my account overdrawn
Posted by Dan M.
on
This is deceptive at best. I'm certain I would have not knowingly selected an option during my Amazon purchase that would result in a trial Amazon Prime membership and a $108 debit from my checking account.
I understand the argument that no one is forced to buy a membership, but considering these "accidental memberships" are rampant among Amazon shoppers (a quick Google search and the wide support of this legal action will attest to this), it's very likely Amazon is pocketing money from people who are not in the habit of monitoring their bank accounts.
Perhaps that isn't fraudulent, but it's certainly deceptive, and completely consistent with the substandard character of the company and its founder.
Posted by William Rist
on
I am an appointed "conservator" from the courts for my son who has autism, and a neurological processing disorder. My son does not have access to his bank account and Amazon charged $101,97 on my sons account January 3,2017 for a Amazon Prime Membership. It would not be possible for my son to have signed up for a membership since he cannot access his bank account, or authorize any transactions with Amazon. I have already notified they bank to cancel his debit card, and they will issue a new one in 7 to 10 business days. They bank is going to assist me in getting a refund for this unauthorized transaction. Since the courts already know that my son could have never authorized this kind of transaction based on his inability to have access to his account. This should prompt some kind of investigation.
Posted by Philip Hughes
on
Ridiculous! This is going absolutely nowhere at all. No one forced Gregory Harris to sign up for Prime and he coulde have cancelled at any time, receiving a prorated rebate on his SUBSCRIPTION. What a waste of time and money. Hard to believer that there is an attorney out there who would take this up.
Posted by Sandy Gibbs
on
My only issue with Prime is they consistently take longer than the 2 day shipping that I paid for with my membership
Posted by Scott Franco
on
How do I join the class action suit. Both me and my wife have been HAD by this nasty prime scam. Neither of us recall signing up for the service. They present the sign up for prime as another shipping option, easy to hit by accident. After to hit it, it does NOT TELL YOU YOU HAVE SIGNED UP FOR PRIME. Then, after a month delay, they charge you.
Amazon refunded both our money. This is not about recovering funds. This is about a preditory scam amazon regularly inflicts on its users. I have used Amazon since their first year and otherwise love them. But this SCAM has to stop.
Posted by J
on
I never consented to nor consciously agreed to a one-year, $99 transaction. Consumer laws are good--this is not a joke. It is like going into a furniture store. You buy a lamp and the store tells you, "hey, we'll ship it for free." Then you get a couch delivered to your home--"Oh, there was fine print somewhere--you agreed to this." This is not hide the weasel b.s.--it is a contract and contracts are not meant to be some game to trick people into. Bottom line.
Posted by Heather Stearns
on
I called and made sure I wouldn't be charged for prime before signing up for the free Fresh trial, so they can't claim I didn't read or understand anything correctly.
They took all the money in my account, then wouldn't give the me groceries that I was assured i would still get (they stole all my money before the charge went through, so my purchase was declined)
I am left with no money or food, I have serious health problems that keep me from working that are much worse from all this. Pretty clearly causing me harm and distress to say the least.
Still thing they don't do anything wrong?
I hope I can get in on the class action, but either way I'm not letting them get away with the hell I am going through.
Posted by Kathy
on
I am a prime member and I did know that it has a membership cost. I guess my only complaint is they just automatically renew you instead of sending you an email and asking you to pay for it. It might have been in the fine print but I don't think auto renenwing should be legal as the reason companies do this is they figure you will forget to cancel and they just keep on taking the money out of your account hoping you won;t notice
Posted by Cat Streat
on
RTFM. Prime is not and never has been free. Prime customers pay lower prices than non-Prime members, but no one can claim that this is "hidden" as both prices are clearly shown for every advertised product that qualifies for a Prime discount. All Prime prices clearly state "with Prime" next to the amount and include the Prime membership logo. This is an intentional advertising ploy to show customers the discount they are or are not getting, depending on their Prime membership status. The two prices are side-by-side and are never advertised with just the Prime price alone--there is no way anyone with an IQ high enough to be judged competent to own a credit card would not understand that Prime prices are for Prime members only. Attempting to buy a product at the Prime price without Prime membership will generate a Prime purchase dialog. This suit needs to be tossed.
Posted by Rickey Morris
on
I have been a Prime Member since it started, and it makes no bones that there is a charge, (I think it's right at $100.00 a year) which gives me free shipping on most items, Free Music, Free Streaming Shows from Amazon, and other side benefits. At no time have I been charged without notification that I had to agree to it, and I got a follow up email to verify it as well. I buy it since I order all year long, and save far more than that fee in shipping, Amazon Free Movies and shows, and all the free music service. This is a case that really defies logic. I really hope no attorney is going to take this case, because they I'm sure will have his consent like they have mine.
Posted by Unspecified
on
I have been an Amazon customer for many years now, never have they charged me (to the best of my knowledge) for any unauthorized or "hidden" fees associated with my prime membership fees. I totally support Amazon in this (yet to be resolved) lawsuit. Obviously the plaintiff didn't read the data.
Posted by Linda Duncan
on
I'm a prime customer that made orders.
Posted by Michael Adomeit
on
Your client needs to READ the terms for Amazon Prime. It clearly states that is is a subscription so it's NOT FREE. I've never had any problem with the company. People need to be responsible and read what the terms are with anything they buy. I never used Prime because I didn't want a subscription.
BOTTOM LINE, READ THE SCREEN! There are no hidden fees that Amazon sticks people with. The lawyer that takes this one is going to lose.
Posted by Barbara Boulware
on
Are you working with North Carolina also?
Posted by Slade G.
on
This is a stupid lawsuit. Amazon doesn't force you to get a prime membership. That's a choice the consumer makes if they want faster/free upgraded shipping, free movies, and music as part of a membership. No onel, including Amazon, forces someone to join prime.
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