I'm starting to make a class action against Amazon under U.S Code 78 r - Liability for misleading statements. Mine is paid or free deliver/shipping charges, returns/exchange for damaged or picture misrepresentation. I have all the documents including how it was promised before paying the cost of delivery. Under this UCC law, a)PERSONS LIABLE; PERSONS ENTITLED TO RECOVER;DEFENSE OF GOOD FAITH; SUIT AT LAW OOR IN EQUITY; COST, ETC. - Any person who shall make or cause to be made any statement in any application, report, or document filed pursuant to this chapter or any rule or regulation thereunder or any undertaking contained in a registration statement as provided in subsection (d) of Section 78o of this title, which statement was at the time and in the light of the circumstances under which it was made false or misleading with respect to any material fact, shall be liable to any person ( knowing that such statement was false or misleading) who, in reliance upon such statement, shall have purchased or sold a security at a price which was affected by such statement, for damages caused by such reliance, unless the person sued shall prove that he acted in good faith and had no knowledge that such statement was false or misleading.
I need a petition to file this lawsuit and a competent lawyer to start the action. Email your name, phone number, valid valid documents to support your letter of intent to join the class action how much total substantiated damages, and the city and state you belong to amstacey1969@gmail.com. This is a temporary email until the lawyer and court deem necessary to have a class action email. Remember to hold on to all original document until filing.
The Story:
I have been an Amazon customer since 2015, forgave them on stuff that comes in late according to what was promised in their shipping option because it was not urgent to me and if it does, I pay for the shipping required to meet the date of my deadlines to have my products come in on time. The most important order that I have placed with them, that I tried to make sure that the product will arrive on time, I also tried to resolve by buying the same product with the same price but with a day or two paid shipping and return the other product when it arrives so I can meet my deadline. What I got was repeated explanation that they specified a statement that the order can take up for up to 4 weeks. So I asked "even when I pay 1-day shipping?" They said "the 1-day shipping is from the time they ship the product." "Does that mean that I have to pay the 1-day shipping while I do not know that its going to take more than one day and actually wait for up to 4 weeks?" I said that's misleading. I remember the business law I took about UCC law but I don't exactly remember what part of UCC. Sure is, it took me 30 mins to research the codes.
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ReplyDeleteHi Anna, I usually forgive people when they make mistakes, after all we are only humans, but corporations are not humans - despite the many attempts to making them as such. Amazon is a bloated mega billion dollars corporation that is in the business of making money, and it will push the boundaries of legal and illegal action; it has now crossed the line with countless customers. So, it is now time to take action.
ReplyDeleteI had been since I'm with them. I couldn't prove it with document because the site keeps on changing as soon as they detect the problem. That is ok with me because it means improvement but What ticks me off is that they put the blame on you by simply taking off pieces of information from the site that makes it look like you have misread the information were you based your decision on. It will make you wonder why you keep on making a bad decision whether you pay for shipping & other services or not. There was no accountability so you can at least accept human error. That's what made me take this to another step.
DeleteHi Anna - I typed something before - and blogger erased it -
ReplyDeleteyour problem with Amazon is as a buyer- my problem is a seller who was suspended without warning or evidence of the reason they stopped my account and held my earnings- my biggest problem at current is they ignore my emails and phone calls- and I have no recourse to contact anyone on the "high ups" sure the customer reps I get on the phone both outsource and domestic phone people- but nothing happens- and they have definite abandonment issues to sellers they freeze- it is very improper and needs to be investigated as illegal actions of abuse of power and business ethic violations.
The best thing we can do is to keep our conversations documented as much as we can so when the time comes when a law yer can take our grievances, they will let us know if we need to be separated or can be pulled as one case. Do you happen to know or at least pin point the violations they may have crossed regarding misrepresentation of services or products that they do not want to be accountable off, agreement that you guys have that may have been explained to you. Any little things you might have ignore in the fine prints because it was placed there to hide the information. Stuff like these can be easily overlooked. Research and keep stuff pertinent to your grievance that they refuse to address and watch out for this blog and converse with one another
DeleteHi Anne-
ReplyDeleteI call all the time - such nice people - I talk to - who said yes " We will mark this urgent " and nothing happens !!!!!
thank you - yes I will post on this link your showing me -
that they have ignored and stonewalled me since Feb 9th and lied to me that they would restore my seller account in 24- 48 hours and nothing- 2 weeks later - still waiting - holding my funds and not giving payments- RECENT CALLS THEY ARE MORE REASSURING I MUST RE SUBMIT A NEW "PLAN OF ACTION"
- they should give me the plan of action - they pay me - I send when I am able within 5-7 days for the items - they broker - they get a brokers fee- it's their job to give me a plan - not me !
One rep said I should write a plan promising within 24 hours- I am sure they do not send within 24 hours-
Today - I gave a guy 13 dollar refund for a book that did not get there - but everything else paid was sent - and not late- they suspended because they said I had a late shipment rate- but I do not think their tally was correct on how they measured this accusation-I had tracking numbers the day they suspended me - still withing the time frame of on time mailing - but the suspension was still in place without reconsideration since 2/9- I learned yesterday they never got my "RE- DO" plan of action and it had to be sent on the Amazon site not on an outside email server- I don't know what they are doing or how they run their business- Larry
Do you know what you agreed for in the beginning? can you take a picture of your agreement with them regarding the shipping schedule and proof that you ship it on time. I am a buyer and if I need it 24 hrs they have a little window to process the next day delivery but they have people for that kind of processing that's why they can. I do not know what kind of misrepresentation that was done to you since I am a buyer but I can see a misrepresentation that will be done to a customer when a seller cannot commit in time. They cannot say that they can do a next day delivery and charge the customer for a next day shipping when they do not have a back up item to be shipped on time. That is misrepresentation. If they accuse you of not shipping in the range time you agreed on, you need to have a proof that you did ship it on time. Shipping receipts have time stamps on it. That is easy. Proving that if you shipped it on time and did not get paid because they said you did not ship it as it pertains to your agreement with them might be a form of breach but I'm not sure if its misleading or misrepresentation. Others may have a different view but I cant be so sure in your case.
DeleteI just wrote this really long great response and google chrome erased it-
ReplyDeleteAnyway I will try again - there are 2 types of sellers on Amazon - Fulfillment by Amazon and people like you and me who have stuff gathering dust and want to get rid of- we agree to ship ourselves- I do not know about the same day shipping or next day - we individual sellers are paid a flat 3.99 for cds- books and records - many times the postage is more and we have to pay more-out of our own pockets - and amazon gets their cut no matter what- we also have to upload tracking codes from USPS as proof of mailing- if you paid alot for an Amazon warehouse to mail you something same day or next day they are obligated to perform - it is called "due dilligence" - Individual sellers are advised to mail within 2 days - i don't know if we have the option to offer same day or next day mailings or fed ex- most individual sellers choose simple media mail for books -cds and records etc.,
ReplyDeleteThat is exactly it. How can Amazon charge the customer 1-day shipping when the sellers could not ship it within 1 business day? If hey have exactly the same kind of product, maybe...but if it is coming from a seller that a break of the promise to the customer. Up in the picture I posted is the shipping charge they charge a customer for 1 business day. Then on the side it says usually ships 1 to 4 weeks which defeats the purpose of paying 1 business day option. Now the question is if it is deliberate to fool the customer with paying the 1 business day when (Amazon think they are covering their butt) they put a statement saying that they informed the customer its not actually 1 business day. What is the purpose of 1 biz day payment when you cant receive it within 1 biz day?
DeleteIn your case however, if in the agreement they they've projected a certain range or margin rate of increase in income if you use amazon as tool to increase you sale then ends up paying more than the sale itself, there might be a form of "misleading or misrepresenting" argument within the contract/agreement that you may not be aware of. I'm not a lawyer but its possible. At the moment we need to disseminate this blog and let our peers know that there are people who is willing to fight back against the company.
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