Amazon is asking a U.S. judge to dismiss a proposed consumer class action lawsuit alleging that the company fails to consistently honor its "Guaranteed Delivery" promise.
The complaint states that while Amazon's "Guaranteed Delivery Terms and Conditions" promises customers will receive a refund of shipping fees if a delivery misses its promised date or time, this refund is not always provided as claimed.
The plaintiff in the case, representing many similar customers, recounts their experience. They purchased a product from Amazon, opting to pay an additional $2.99 for guaranteed delivery between 4:00 a.m. and 8:00 a.m. the following day. However, due to a reported "carrier delay," the delivery occurred after the guaranteed time period. Despite Amazon's acknowledgment of the delay and promise of a refund, the plaintiff never received a refund for the shipping fees, either on their credit card or Amazon account.
The lawsuit accuses Amazon of breaching its own guaranteed delivery promise and failing to adhere to its stated policy of issuing refunds for deliveries that do not meet the guaranteed timeframe.
Amazon's lawyers argue that, even though it offers customers the option of paying extra for a delivery time window, the fine print doesn't guarantee a specific delivery time.
From Reuters:
In its filing, Amazon's lawyers at Perkins Coie argued that there was no "guaranteed" delivery for the plaintiff's purchase of a variety pack of herbal tea, and also that any such statement for a delivery pertains to a date and not a time.
"For transactions that are covered by a delivery 'guarantee,' the contract states nineteen different times that the guarantee extends only to delivery on the promised 'date," Amazon's attorneys told U.S. District Judge Kymberly Evanson.
A hearing date has not been set.
