in Newswire Published on May 5, 2023

Amazon Prime Subscribers Do Not Get the ‘Exclusive Savings’ They’re Promised, Class Action Alleges [DISMISSED]

Last Updated on April 19, 2024

Kinney v. Amazon.com, Inc. et al.

Filed: April 21, 2023 ◆§ 1:23-cv-02523

A class action claims Amazon Prime subscribers do not receive the “exclusive savings” they're promised since the touted price reductions are, by and large, fake.

Defendant(s)

Amazon.com, Inc. Amazon.com Services, LLC

Law(s)

Illinois Consumer Fraud and Deceptive Business Practices Act Washington Consumer Protection Act

State(s)

Illinois

April 19, 2024 – Amazon Prime ‘Fake’ Exclusive Sales Lawsuit Dismissed

The proposed class action lawsuit detailed on this page was dismissed on February 29, 2024.

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In an eight-page order, U.S. District Judge Jorge L. Alonso found that the plaintiff’s claims fail because the man never demonstrated how the defendant allegedly broke its promise to offer exclusive savings to Amazon Prime members.

“Instead, he admits he had the exclusive opportunity to, and did, purchase a television at a $100 discount because he was an Amazon Prime customer,” the judge wrote.

Judge Alonso pointed out that the plaintiff merely “complains” that he was not getting as good of a deal as he thought.

The order also explains that in order to bring a successful claim under the Illinois Consumer Fraud and Deceptive Business Practices Act and the Washington Consumer Protection Act, a consumer must show that a seller’s deceptive practices caused them to incur damages. Judge Alonso highlighted that the plaintiff failed to allege that the television he purchased was worth less than what he had paid for it.

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A proposed class action lawsuit alleges Amazon Prime subscribers do not receive the “Prime Exclusive Savings” they are promised since the price reductions touted by the mega-retailer are, by and large, fake.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 14-page lawsuit out of Illinois was filed by a Chicago-based Prime subscriber who last October purchased from Amazon an LG television for $1,496.99, supposedly marked down as “40% off” from $2,499.99. When the plaintiff bought the TV, however, the stated list price changed to $2,199 and the “40% off” disappeared, with the deal morphing suddenly to “$700 off,” the case says.

According to the breach-of-contract suit, the plaintiff believed that Amazon was offering a genuine price reduction on the product when, in fact, the retailer deceptively “generally sold the television at about $1500, increased the price to over $2,000 for about a month, and then advertised it to Prime customers as 40% off.”

“Plaintiff was unaware of this when he purchased the television,” the filing claims, alleging Amazon’s “strike-through” prices for Prime customers are outright “fictitious.”

The case summarizes that Amazon “breached its promise of ‘Prime Savings for You’” when it bumped up the price of certain products and then decreased them while representing that it was providing Prime subscribers “savings.”

The lawsuit looks to cover all consumers who bought goods through Amazon Prime with a price of $500 or more, at which price Amazon claimed involved savings compared to a higher price that was not maintained by Amazon at least half the time for the prior six months, and the purchase was made within the last five years.

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