When we talk about a class action suit it is usually because it has been settled and claimants are now expecting their payments, but this time it is a bit different. The class action lawsuit that was filed against Amazon.com Services over the company accepting delivery fees for timed deliveries that never happened and then refusing to issue refunds has been dismissed.
As we all know, one of the main perks of having Amazon is the option of making use of their many delivery options. Because the company uses a mix of drivers and external delivery services depending on the product and the retailer that is actually selling the item, it can be very easy to customize the delivery window to ensure that you are home when your package arrives.
In more concrete terms, what this means is that Amazon offers the possibility to pay extra to book a time slot with the delivery company to ensure that the package will make its way to your door when you are there to receive it. While there is usually some wiggle room in the timing, once the slot is booked and the extra delivery money has been paidcustomers expect to receive their package within the given time frame, something that often does not happen.
Many users have complained about this situation, like Valerie Morales who explains “Just yesterday I was supposed to get my package been 2:30m to 6:30 pm once again it was late. Engine I pay $2.99 fee I never received on the promised time. They need to pay is back for no timeframe delivery. When I go to my porch it is there in the morning. Wrong wrong wrong”
And she is not the only disgruntled customer Kaye Adamson says “This has happened to me multiple times. I call complain and they tell me they’re sorry And sometimes things happen beyond their control. They just take my money and I get nothing for it.” While Corie confirms “Yes this happened to me several times. My order never arrived on time. They charged for extra delivery .And I’m a Prime Member and just recently i canceled my Prime Membership”
The dismissed class action lawsuit against Amazon
Stories like this is what prompted the estate of Tonny Storey, who died in 2024 to file a suit over claims that “Amazon failed to provide automatic refunds for late deliveries despite charging extra for specific delivery time slots.” In this specific case, Storey ordered some tea, $19.99 from Amazon and decided to pay an additional $2.99 for a specific delivery window between 4 a.m. and 8 a.m to ensure that someone would be home to receive the package.
This never happened, instead, the package showed up five hours late and the company refused to reimburse the extra expense as they argued that Storey’s order did not qualify for “Guaranteed Delivery” under the terms of his contract and that the company’s Help pages explicitly mention the possibility of late deliveries so they are not obligated to issue a refund.
The suit argued that Amazon’s refusal to refund those customers that have paid extra for their delivery slot and have received their package late is in direct violation of the Washington’s Consumer Protection Act (CPA), but U.S. District Judge Kymberly K. Evanson strongly disagreed.
She sided with Amazon, concluding that the company had properly informed customers of potential shipping delays and explained how such issues could be addressed and that the case did not demonstrate that Amazon engaged in deceptive or unfair conduct. Evanson also rejected the notion that customers should automatically receive refunds for late deliveries, stating that Amazon’s policy of requiring customers to request a refund met legal standards.
The lawsuit was dismissed with prejudice, as the judge found that Storey had been given several chances to revise the claim under the state’s Consumer Protection Act but ultimately failed to present a valid argument.
