Amazon Acquitted of Hidden Delivery Fee AllegationsAmazon Acquitted of Hidden Delivery Fee Allegations A Washington judge has ruled that Amazon is not guilty of deceiving customers by hiding delivery charges for orders from Whole Foods. The lawsuit alleged that Amazon violated the state’s Consumer Protection Act by failing to disclose a $9.95 delivery fee for Prime members. Plaintiff Dena Griffith claimed that she was misled by Amazon’s advertising, which had previously offered free delivery on Whole Foods orders. However, the delivery fee was added to orders in October 2021. Griffith argued that the fee was not clearly disclosed on Amazon’s website, but Judge Tana Lin found that the plaintiff failed to provide any evidence of such misleading advertisements. Judge Lin dismissed the proposed class action, but gave Griffith the opportunity to file an amended complaint. The claimants are represented by attorneys from Bordes Law, Schroeter Goldmark & Bender, and Ronald Marron. Amazon is represented by Fenwick & West. This lawsuit is part of a series of legal challenges against Amazon, including antitrust lawsuits from audiobook authors and a £1 billion claim from British retailers.
The online retail giant was taken to court over allegations of hidden delivery fees for purchases from Whole Foods.
Amazon has been acquitted of allegations that it hid delivery charges for orders from retailers from consumers Complete nutritionOn July 18, a judge ruled that Amazon was not guilty of illegal deceptive marketing practices under Washington state’s Consumer Protection Act.
The proposed class action of In Re: Amazon Service Fee Lawsuit began in 2022, after consumer Dena Griffith filed the lawsuit in the United States District Court for the Western District of Washington in Seattle, alleging that Amazon deceived customers by hiding a $9.95 delivery fee from customers of its Prime subscription service who ordered Whole Foods products. Griffith said in the filing that part of the reason she subscribed to Prime was to save money by taking advantage of free grocery delivery offers during the Covid pandemic. She argued that the retailer “misled consumers about the amounts they would be charged for grocery deliveries from Whole Foods Market” and accused the company of “breaching its contracts with its Amazon Prime members.”
The online giant had previously advertised free delivery for Prime customers on some deliveries from Whole Foods, which Amazon acquired for $13.7 billion in 2017. However, Amazon changed the deal in October 2021, adding a “service fee” to the orders. The plaintiff said the delivery fee was “not disclosed on the first page of the Whole Foods delivery section” of the site, but was added in “opaque text” and in “small font” that “would not likely be noticed by a reasonable consumer.” The delivery fee was also added to the “place your order” page, but the plaintiff pointed out that the font had the same problem: too small and unlikely to be noticed by a reasonable consumer.
The plaintiff sued Amazon for violation of the Washington Consumer Protection Act and breach of the duty of good faith and fair dealing.
The complaint is the latest in a long line of lawsuits against Amazon, including a £1 billion claim by British retailers and antitrust lawsuits from audiobook authors who allege the company is abusing its market position to their detriment.
Right Tana Lin dismissed the proposed class action after the plaintiff failed to produce any actual advertisements on which it relied for its understanding that Prime had provided free Whole Foods deliveries after October 2021. However, the plaintiff was given the opportunity to file an amended complaint against the online retailer, as Judge Lin said the court “cannot definitively say that the amendment would be futile without the benefit of an amended complaint.”
The claimants were represented by Borde’s Law Managing partner and owner Manish Borde, Schroeter Goldmark & Bender lawyer Adam Berger And Ronald Marron owner and lawyer Ronald MarronThe defendant was represented by Fenwick & West process chairman Jedediah Wakefieldprocess partner Brian Buckley and associate Monica Chan.
