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spinbp5er

Can I file a Class Action suit against Amazon.com

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I am wondering if I might have the right to file a class action suit against amazon.com?

Amazon has no means of communication between their shipping vendors. Customers are forced to communicate via email with amazon.com vendors.  It takes upwards to 4 times as long to get any sort of resolution from the vendor because customers are at the mercy of amazon.com's lack of providing adequate customer support.  I myself just dealt with the likes of their vendor sending me only a partial shipment of a product I purchased.  Amazon.com makes it very difficult to locate a customer service phone number on their web site.  Once I did find it, the experience was utterly disappointing in that once I hung up with amazon.com I learned that everything that we had discussed was ignored and that amazon.com took it under their own authority to override our conversation and told the vendor that I wanted to return and refund when in fact I stated the opposite.  I told them that I wanted the rest of my merchandise.  Because of the conflict and lack thereof in communication between amazon.com and their vendors I had to endure some very upsetting issues that prolonged my getting the rest of my merchandise.  H ad I been able to talk directly with the vendor, I am 100% positive that my issues would have been resolved at a rate of at least 5 times faster.

 

There is also an issue regarding emails being sent from the customer to the vendor which is the only means of communication the customer has through amazon.com vendors in that amazon.com proof reads and modifies their customers email  correspondents prior to the vendor gaining access the customers email.  I think this is unconstitutional, and is unethical for a company much less anyone to take control and to modify another persons written documentation.

 

I really do feel that there is more left unscratched on the surface of the customer to vendor relationship.  I do understand that amazon.com doesn't want their customers dealing directly with their vendors but that doesn't give amazon.com the right to modify my emails to their vendors.

 

I also believe that there are others that have experienced the same as I have and that this is common practice in part by amazon.com.  In my case, I ordered my product on 10/21/16 and received partial delivery on 10/29/16.  I was  then forced to call off a 5 day camping trip and I spent the next 7 days writing back and forth to the amazon.com vendor (FCH Direct) by which it ultimately took amazon.com and their vendor until 11/4/16 to ship the rest of my merchandise out to me.  I finally received it on 11/8/16.  So it took them 8 days to ship me a partial shipment and another 7 days of trying to convince amazon.com and their vendor that their vendor messed up.  

 

I am sure that there is some sort of legal junction that can be applied which is why I was asking if a class action suit could be viable.  The stress, the headaches, and the stomach aches I endured during this mess is all preventable and I am absolutely sure that others in the United States have dealt with the same.  I feel that because neither amazon.com or the vendor offered anything to accommodate for the time lost, all the mental stress and aches and the fact that I wasted a weeks vacation dealing with this instead of taking an actual vacation that they should be accounted liable for what they put myself as well as their customers in general through.  I believe that they are wrong in their actions.

 

Is there anything that can be done?  Can I file a class action suit against amazon.com and/or their vendor (FCH Direct)?  I do have every email correspondence between amazon and their vendor on file . 

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7 minutes ago, spinbp5er said:

 

I am wondering if I might have the right to file a class action suit against [an online retailer]?

 

 

Anyone can sue anyone for anything.  You can file a lawsuit and seek certification as a class action.  Whether doing that would be in your best interests is not really apparent from you post, but it probably isn't.  In any event, you would need to find an attorney willing to pursue the matter on a class action basis.  You'd also have to overcome the provision(s) that I assume exist in this retailer's terms of service (terms to which you agreed when you created an account there) that probably preclude this sort of action.

 

 

9 minutes ago, spinbp5er said:

I am sure that there is some sort of legal junction that can be applied which is why I was asking if a class action suit could be viable.

 

I'm curious why you're "sure" of this, and my curiosity stems from the fact that you apparently don't even know the correct word (it's "injunction," not "junction").  To be frank, it seems to me that all your complaints fall into the category of customer service, and there is no legal recourse (injunctive or otherwise) simply because you're not happy with the customer service.

 

 

33 minutes ago, spinbp5er said:

I am absolutely sure that others in the United States have dealt with the same.

 

Maybe so, but the facts of their cases will be completely different from yours, and that probably makes class action treatment inappropriate.

 

 

34 minutes ago, spinbp5er said:

I feel that because neither [the retailer] or the vendor offered anything to accommodate for the time lost, all the mental stress and aches and the fact that I wasted a weeks vacation dealing with this instead of taking an actual vacation that they should be accounted liable for what they put myself as well as their customers in general through.

 

That you had to spend time dealing with a customer service issue is not something that gives rise to a legal claim.

 

 

35 minutes ago, spinbp5er said:

Is there anything that can be done?

 

Sure.  Shop elsewhere.

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Hi @spinbp5er

 

Welcome to the community and thanks for posting! If you are interested in the possibility of commencing a class action lawsuit, you may want to start by speaking with a class action attorney. To find a qualified attorney in your area, you can use the FindLaw Lawyer Directory.

 

Best of luck!

The FindLaw.com Team 

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10 hours ago, spinbp5er said:

I am wondering if I might have the right to file a class action suit against amazon.com?

 

The answer to that appears to be no. The current Amazon.com terms of service tell you that all disputes between you and Amazon.com must be resolved by binding arbitration, not by a lawsuit in court. The one exception to that is that you may file a claim in small claims court if you case qualifies. In no state may a class action claim be litigated in small claims court.

 

In short, your choices are either to arbitrate this dispute or go to small claims court. A class action is not an option. Moreover, as pg1067 noted, the nature of your complaint is such that it is likely that you could not get it certified as a class action claim anyway because you will not have a large number of people who are similarly situated to you. Certainly lots of people have experienced customer service issues, but as each situation is different they are not similarly situated.

 

10 hours ago, spinbp5er said:

H ad I been able to talk directly with the vendor, I am 100% positive that my issues would have been resolved at a rate of at least 5 times faster.

 

Two things. First, I don’t see how you can logically conclude with absolute certainty that your dispute would have been resolved faster, must less five times faster, when you don’t know how the vendor would have responded had you discussed it directly. It may be that the vendor on its own would have had lousy customer service after all.

 

Second, it appears you are saying that you did ultimately get the merchandise. That being the case, I'm left to wonder what wrong it is that you suffered from this. The contract was met — you got your goods, so unless there was an express date in the contract by which the goods had to be received by you there was no breach of contract. I also wonder what damages you have to claim. Simply being aggravated at slow service is not something for which the law compensates you.

 

10 hours ago, spinbp5er said:

There is also an issue regarding emails being sent from the customer to the vendor which is the only means of communication the customer has through amazon.com vendors in that amazon.com proof reads and modifies their customers email  correspondents prior to the vendor gaining access the customers email.  I think this is unconstitutional, and is unethical for a company much less anyone to take control and to modify another persons written documentation.

 

It may be unethical but it is not unconstitutional. If you read the U.S. Constitution you will see that it does not regulate conduct between private persons. The purpose of the Constitution is to set out the organization and powers of the federal government and to secure certain rights for the public against the government. Conduct between private parties is regulated by federal and state statutes and by common law (case decisions) but not by the Constitution.

 

10 hours ago, spinbp5er said:

I am sure that there is some sort of legal junction that can be applied which is why I was asking if a class action suit could be viable.  The stress, the headaches, and the stomach aches I endured during this mess is all preventable and I am absolutely sure that others in the United States have dealt with the same.  I feel that because neither amazon.com or the vendor offered anything to accommodate for the time lost, all the mental stress and aches and the fact that I wasted a weeks vacation dealing with this instead of taking an actual vacation that they should be accounted liable for what they put myself as well as their customers in general through.  I believe that they are wrong in their actions.

 

The reality is that you suffered bad customer service and while that can be time consuming and infuriating to deal with it is not something that the law will compensate you for in a lawsuit. Your remedy for bad customer service is to take your business elsewhere.

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CLASS action means = more than one victim.  You'd have to get a legally licensed law firm to collect signed database of OTHER victims (via census and signed petition) Amazons' breech of contract/violation/abuse?

 

As a Amazon Seller, myself, I am protected from being sued by buyers like yourself if you are not content with my old unused/uninterested architect/art merchandises.  I believe the reason why emails are the only point of contact is because legally, you can use them as correspondence evidence in court, and allow the differences to be disputed at the

lowest level of resolution first between sellers and buyer consumers.  Then, once you have gone through that hierarchy level of customer servicing, can recover damage legally, via other means of communication, whereas Amazon should disclose to you; if they are legit and non-deceptive scammer.

 

 If you are the only one going through this, it cannot be CLASS action law dispute; at least dozens of other sellers would need to have complained over the same discrepancies.  Amazon has customer service and legal department and HR.  Have you tried to approach the problem first with these three departments that handle your unsatified service/merchandise purchase?  You can also report them

to Better Business Bureau and other business agency that can help you investigate your complaints

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