Case 2:21-cv-01083 Document 1 Filed 08/13/21 Page 1 of 40
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`UNITED STATES DISTRICT COURT
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`WESTERN DISTRICT OF WASHINGTON AT SEATTLE
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`CRAIG CROSBY and CHRISTOPHER
`JOHNSON, on behalf of themselves and others
`similarly situated,
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`AMAZON.COM, INC., a Delaware corporation.
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`Plaintiffs,
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`v.
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`CASE NO.
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`CLASS ACTION COMPLAINT
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`
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`JURY TRIAL DEMANDED
`
`
`
`
`Defendant.
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`
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`CLASS ACTION COMPLAINT
`(Case Number )
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`Cotchett, Pitre & McCarthy, LLP
`7511 Greenwood Avenue N, Suite 4057
`Seattle, WA 98103
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`Case 2:21-cv-01083 Document 1 Filed 08/13/21 Page 2 of 40
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`I.
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`II.
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`III.
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`IV.
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`V.
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`VI.
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`TABLE OF CONTENTS
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`Page No.
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`INTRODUCTION .............................................................................................................. 1
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`JURISDICTION AND VENUE ......................................................................................... 1
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`PARTIES ............................................................................................................................ 2
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`A.
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`Plaintiffs ...................................................................................................................2
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`B.
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`Defendant .................................................................................................................3
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`CLASS ACTION ALLEGATIONS ................................................................................... 4
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`CHOICE OF LAW ALLEGATIONS ................................................................................. 6
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`FACTUAL ALLEGATIONS ............................................................................................. 6
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`A.
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`Amazon Sells Defective, and Dangerous Lithium-Ion 18650 Batteries ..................6
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`B.
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`C.
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`D.
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`Amazon Knows about the Defective Nature of Lithium-Ion 18650 Batteries ........7
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`Defective Lithium-Ion 18650 Batteries Pose Serious Risk Of Injury ...................10
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`Plaintiffs Purchased Amazon Products Containing Defective Lithium-Ion 18650
`Batteries .................................................................................................................11
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`VII. CAUSES OF ACTION ..................................................................................................... 17
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`FIRST CAUSE OF ACTION (Violation Of The Washington Consumer Protection Act,
`RCW Section 19.86.010 et seq., (On behalf of Plaintiffs and the Class) ........................17
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`SECOND CAUSE OF ACTION
`DECLARATORY RELIEF UNDER THE DECLARATORY JUDGMENT ACT, 28
`U.S.C. 2201 (On behalf of Plaintiffs and the Class) .......................................................18
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`VIII. PRAYER FOR RELIEF ................................................................................................... 19
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`IX.
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`DEMAND FOR JURY TRIAL ........................................................................................ 19
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`CLASS ACTION COMPLAINT
`(Case Number Not Yet Assigned)
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`i
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`Cotchett, Pitre & McCarthy, LLP
`7511 Greenwood Avenue N, Suite 4057
`Seattle, WA 98103
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`Case 2:21-cv-01083 Document 1 Filed 08/13/21 Page 3 of 40
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`I.
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`INTRODUCTION
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`1.
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`Amazon engaged in an unfair and/or deceptive business practice by falsely
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`advertising, marketing, and selling defective, and often dangerous lithium-ion 18650 battery cells
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`and products containing them.
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`2.
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`Lithium-ion 18650 batteries are marketed and sold by Amazon to be used in
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`consumer devices, including laptops, flashlights, cameras, lasers, measurement tools, children’s
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`toys, battery packs, hoverboards, and e-cigarettes.
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`3.
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`Amazon makes numerous false and misleading representations about the
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`characteristics of the batteries. Amazon misrepresents the energy capacity of lithium-ion 18650
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`batteries and safety features allegedly contained in the batteries. Amazon is selling batteries with
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`advertised characteristics that do not exist.
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`4.
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`Not only does Amazon unfairly, unlawfully, and deceptively hide the truth about
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`lithium-ion 18650 batteries, but they also continue to sell, market, and advertise the batteries on
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`their website despite knowledge that the batteries are not as advertised.
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`5.
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`Amazon’s advertising, and information on its website is misleading to consumers,
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`and Amazon has profited based on its deceptive and/or unfair practice of incorrectly leading the
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`public to believe that the batteries had longer capacity or higher output than they did, and
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`possessed safety features they did not. Amazon’s conduct constitutes a violation of the
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`Washington Consumer Protection Act.
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`II.
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`JURISDICTION AND VENUE
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`6.
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`This Court has personal jurisdiction over Defendant because Amazon maintains
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`its headquarters in this district and in Washington state and has intentionally availed itself of the
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`laws of Washington by conducting a substantial amount of business in the state that is the subject
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`of this Complaint. Decisions regarding the advertising of these products are made at the
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`headquarters of Amazon, which is located in this district. This Court accordingly has personal
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`jurisdiction over Amazon.
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`CLASS ACTION COMPLAINT
`(Case Number -- )
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`1
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`Cotchett, Pitre & McCarthy, LLP
`7511 Greenwood Avenue N., Suite 4057
`Seattle, WA 98103
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`Case 2:21-cv-01083 Document 1 Filed 08/13/21 Page 4 of 40
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`7.
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`This Court has subject matter jurisdiction because this is a class action arising
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`under the Class Action Fairness Act of 2005 (“CAFA”), which confers original jurisdiction on
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`the federal courts for any class action in which any member of the Class is a citizen of a state
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`different from any defendant, and in which the matter in controversy exceeds in the aggregate
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`$5,000,000, exclusive of interest and costs. Plaintiffs allege that the total claims of individual
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`Class members in this action are in excess of $5,000,000, as required by 28 U.S.C. § 1332(d)(2)
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`& (6). Plaintiffs are citizens of California, whereas Defendant is a citizen of Washington,
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`satisfying 28 U.S.C. § 1332(d)(2)(A). Furthermore, the total number of Class members is greater
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`than 100, as required by 28 U.S.C. § § 1332(d)(5)(B). Federal subject matter jurisdiction thus
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`exists.
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`8.
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`Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) because
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`Amazon is headquartered and resides in this District. Venue is further appropriate in this district
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`pursuant to the forum selection clause in Amazon’s online “conditions of use,” which are
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`available when a consumer signs up for an Amazon account and makes purchases. As of May 3,
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`2021, the conditions provide that “[a]ny dispute or claim relating in any way to your use of any
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`Amazon Service will be adjudicated in the state or Federal courts in King County, Washington,
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`and you consent to exclusive jurisdiction and venue in these courts.”
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`III.
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`PARTIES
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`A. Plaintiffs
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`9.
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`Plaintiff CRAIG CROSBY resides in Camarillo, California. During the Class
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`period, Mr. Crosby purchased deceptive individual 18650 lithium-ion battery cells and products
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`containing intentionally deceptive 18650 lithium-ion battery cells from Amazon.com as the
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`direct seller after May 3, 2021, the date Amazon dropped its arbitration requirement in its
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`Conditions of Use. At the time of purchase, Amazon’s statements and omissions had the capacity
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`to deceive a substantial portion of the purchasing public. The products were found to have lower
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`CLASS ACTION COMPLAINT
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`Cotchett, Pitre & McCarthy, LLP
`7511 Greenwood Avenue N., Suite 4057
`Seattle, WA 98103
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`Case 2:21-cv-01083 Document 1 Filed 08/13/21 Page 5 of 40
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`battery capacity than advertised only after the products were bought, mailed, received, and tested
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`by Plaintiffs.
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`10.
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`Plaintiff CHRIS JOHNSON resides in Woodland Hills, California. During the
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`Class period, Mr. Johnson purchased deceptive individual 18650 lithium-ion battery cells and
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`products containing defective 18650 lithium-ion battery cells from Amazon.com as the direct
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`seller after May 3, 2021, the date Amazon dropped its arbitration requirement in its Conditions
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`of Use. At the time of purchase, Amazon’s statements and omissions had the capacity to deceive
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`a substantial portion of the purchasing public. The products were found to have lower battery
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`capacity than advertised only after the products were bought, mailed, received, and tested by
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`Plaintiffs.
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`11.
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`Absent award of the relief sought in this lawsuit, Plaintiffs Crosby and Johnson
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`and the public will continue to suffer harm. Plaintiffs as well as the public generally continue to
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`be at risk of future harm, as Amazon knows about its deceptive practice because of the
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`unfavorable reviews on its website stating as much, and has refused to change its practices
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`related to the sale of defective lithium-ion 18650 batteries. Amazon continues to make false and
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`misleading statements in connection with the sale of such products. This continued violation of
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`the law creates ongoing damage to Plaintiffs and to the purchasing public.
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`B. Defendant
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`12.
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`Defendant AMAZON.COM, INC. is a corporation located in Washington state,
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`and organized under the laws of the State of Delaware, with its headquarters, and principal place
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`of business at 410 Terry Avenue, Seattle WA 98109.
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`13.
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`Amazon Warehouse Deals is a division or arm of AMAZON.COM, INC. Amazon
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`Warehouse Deals offers discounted goods that have been returned, warehouse-damaged, used, or
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`refurbished products. Amazon Warehouse Deals is a direct seller of lithium-ion 18650 batteries
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`and is responsible for the sale, marketing, and advertisement of the defective lithium-ion 18650
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`batteries and products contain lithium-ion 18650 batteries at issue in this case. (Amazon.com,
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`CLASS ACTION COMPLAINT
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`Cotchett, Pitre & McCarthy, LLP
`7511 Greenwood Avenue N., Suite 4057
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`Case 2:21-cv-01083 Document 1 Filed 08/13/21 Page 6 of 40
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`Inc. including Amazon Warehouse Deals, is collectively referred to herein as “Amazon.com” or
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`“Amazon”).
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`IV. CLASS ACTION ALLEGATIONS
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`14.
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`Plaintiffs bring this class-action lawsuit on behalf of themselves and the proposed
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`members of the Class pursuant to Rule 23(b) of the Federal Rules of Civil Procedure.
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`15.
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`This action has been brought and may properly be maintained as a class action
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`against Defendant Amazon because there is a well-defined community of interest in the litigation
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`and the proposed Class is easily ascertainable.
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`Plaintiffs seek certification of the following Class:
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`16.
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`All individuals or organizations that purchased lithium-ion 18650 batteries
`or products containing lithium-ion 18650 batteries from Amazon after May
`3, 2021 until the date of class certification.
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`17.
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`Numerosity. Plaintiffs do not know the exact number of Class members but
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`believe the Class comprises at least thousands of consumers nationwide. As such, the Class is so
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`numerous that joinder is impractical.
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`18.
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`Commonality and predominance. Each of the proposed Class members, are
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`similarly situated to Plaintiffs with regard to their rights as purchasers of lithium-ion batteries
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`from Amazon.
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`19.
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`There are common questions of law and fact that affect all Class members. These
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`questions predominate over questions that might affect individual Class members. These
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`common questions include, but are not limited to, the following:
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`A. Whether Amazon falsely advertised lithium-ion batteries;
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`B. Whether Amazon’s representations regarding the deceptive and/or dangerous
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`nature of the batteries were objectively material;
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`C. Whether Amazon adequately disclosed and described the deceptive and/or
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`dangerous nature of the lithium-ion batteries and the risks associated with their
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`use;
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`CLASS ACTION COMPLAINT
`(Case Number -- )
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`Cotchett, Pitre & McCarthy, LLP
`7511 Greenwood Avenue N., Suite 4057
`Seattle, WA 98103
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`Case 2:21-cv-01083 Document 1 Filed 08/13/21 Page 7 of 40
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`D. Whether Amazon’s representations and descriptions of the lithium-ion batteries
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`and the products containing them were deceptive;
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`E. Whether Amazon failed to disclose objectively material information regarding the
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`lithium-ion batteries;
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`F. Whether Amazon’s representations and omissions have the capacity to deceive a
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`substantial portion of consumers;
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`G. Whether Amazon’s conduct violated Washington state consumer protection laws;
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`H. Whether Plaintiffs and the Class incurred a loss of money or property within the
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`meaning of the WA Consumer Protection Act due to Amazon’s conduct;
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`I. Whether Plaintiffs, the Class and the general public are entitled to public
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`injunctive relief due to Amazon’s conduct.
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`20.
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`Typicality. Plaintiffs' claims are typical of Class members' claims. Plaintiffs and
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`Class members sustained injury as a direct result of Amazon’s practice of selling, marketing and
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`advertising defective lithium-ion batteries. Thus, Plaintiffs are similarly situated to the other
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`members of the Class and are adequate representatives of the Class.
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`21.
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`Adequacy. Plaintiffs will fairly and adequately protect the Class members'
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`interests. Plaintiffs and Class members have the same interests and Plaintiffs have attorneys who
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`are competent and experienced in the prosecution of class actions and consumer protection cases.
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`22.
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`Superiority. A class action is the superior method for fairly and efficiently
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`adjudicating this controversy for the following reasons:
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`A. The monetary size of claims of the individual Class members are relatively small,
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`and few, if any, Class members could afford to seek legal redress for the wrongs
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`complained of;
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`B. Absent a class action, the Class members will likely not obtain redress of their
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`injuries and Defendant will retain the proceeds from the violations of the laws
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`cited herein;
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`CLASS ACTION COMPLAINT
`(Case Number -- )
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`5
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`Cotchett, Pitre & McCarthy, LLP
`7511 Greenwood Avenue N., Suite 4057
`Seattle, WA 98103
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`Case 2:21-cv-01083 Document 1 Filed 08/13/21 Page 8 of 40
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`C. This class action also provides the benefits of single adjudication and supervision
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`by a single court; and
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`D. Plaintiffs are unaware of any unusual difficulties in managing this class action.
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`V.
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`CHOICE OF LAW ALLEGATIONS
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`23. Washington law applies to Plaintiffs’ claims by virtue of a Washington choice-of-
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`law provision that is set forth in “Conditions of Use” that appear on Amazon’s website. These
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`conditions of use are available to consumers when they sign up for an Amazon account and make
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`subsequent use of the website or purchases. In pertinent part, the choice-of-law clause contained
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`in the conditions of use provides:
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`By using any Amazon Service, you agree that applicable federal law, and the laws of the
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`state of Washington, without regard to principles of conflict of laws, will govern these
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`Conditions of Use and any dispute of any sort that might arise between you and Amazon.
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`VI.
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`FACTUAL ALLEGATIONS
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`A. Amazon Sells Defective, and Dangerous Lithium-Ion 18650 Batteries
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`24.
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`Amazon has and continues to benefit from the sale of deceptive, dangerous, and
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`defective lithium-ion 18650 batteries and products containing them. Amazon makes with false
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`and exorbitant capacity claims about the lithium-ion 18650 batteries that do not perform to their
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`alleged capacity and pose serious risk of injury. (See Exhibits A-E)
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`25.
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`Amazon’s affirmative statements regarding alleged battery capacity, lower price
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`points, and safety features has the capacity to mislead Plaintiffs and the public into purchasing
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`batteries that were deceptive, defective, and dangerous.
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`26.
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`The energy capacity of a battery is one of the most important characteristics a
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`consumer reviews to determine which battery to purchase. Amazon advertises the energy
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`capacity of the battery sold in milli-amp hours (mAh). Virtually all lithium-ion cells have a rated
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`capacity measured in milliamp-hours (mAh) or amp-hours (Ah). The higher the mAh capacity,
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`the more useable energy.
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`Cotchett, Pitre & McCarthy, LLP
`7511 Greenwood Avenue N., Suite 4057
`Seattle, WA 98103
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`Case 2:21-cv-01083 Document 1 Filed 08/13/21 Page 9 of 40
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`27.
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`The capacity of authentic lithium-ion 18650 batteries sold by legitimate
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`manufacturers is under 3800 mAh. The space inside the case of every authentic lithium-ion
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`18650 battery is the same. Cell capacity is limited by the thickness and density of the cathode
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`and anode, and the electrolyte that can fit in the case, in addition to electrode resistance and
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`device requirements for efficient discharge.
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`28.
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`Lithium-ion 18650 batteries for sale on Amazon.com may list capacities ranging
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`from less than 1300 mAh to 12000 mAh. Batteries are often listed with capacities of 9800 mAh
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`or higher, more than double the capacity of any authentic 18650 lithium-ion battery produced by
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`legitimate manufacturers. The deceptively marketed lithium-ion 18650 batteries frequently test at
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`only a small percentage of their advertised capacity.
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`29.
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`Consumers purchase higher capacity batteries from Amazon because they are
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`attracted to the longer use duration of the batteries. Unfortunately, many of Amazon’s claims are
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`unsubstantiated, misleading, and completely deceptive.
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`B. Amazon Knows about the Defective Nature of Lithium-Ion 18650 Batteries
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`30.
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` Amazon knowingly conceals the capacity of these batteries and alleged safety
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`features in order to mislead Plaintiffs and the public into purchasing batteries that are not as
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`advertised.
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`31.
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`Amazon promotes the sale of deceptive and/or unfairly marketed batteries through
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`its use of Amazon product listings uniquely identified by an Amazon Standard Identification
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`Number (“ASIN”). Every product sold on Amazon.com is assigned an ASIN. If a seller or
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`product has too many negative reviews, the product will be removed from the Amazon.
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`32.
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`A removed product is often put back on Amazon’s website without any
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`substantive quality control or review by Amazon. The same product is given a different ASIN
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`and all prior reviews of the product are removed. Therefore, the purchaser of the existing ASIN
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`version of the product is unaware of any prior negative reviews of the same product, despite this
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`information being known by Amazon.
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`CLASS ACTION COMPLAINT
`(Case Number -- )
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`Cotchett, Pitre & McCarthy, LLP
`7511 Greenwood Avenue N., Suite 4057
`Seattle, WA 98103
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`Case 2:21-cv-01083 Document 1 Filed 08/13/21 Page 10 of 40
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`33.
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`Amazon is often the direct seller of the dangerous and potentially deadly items
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`while also allowing third-party sales. Amazon has even developed their own portable lithium-ion
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`battery packs and battery chargers, Amazon Basics Portable Power Banks. Amazon recalled six
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`models of the Portable Power Banks in 2018 due to fire hazard.
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`34.
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`Amazon knew or should have knowledge of this practice because on Amazon’s
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`website, there are often negative and one-star reviews for the deceptive and defective lithium-
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`ion batteries and products containing them. Amazon customers complain that the batteries fail to
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`reach the claimed capacity, cost too much for their actual capacity, arrive smaller than
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`advertised, fail to include marketed safety features, and that products containing the batteries are
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`fire hazards.
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`35.
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`An example of a deceptive product sold by Amazon is Super Bright 2000 Lumen
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`18650 Tactical Flashlight and 6x 3.7V Rechargeable High-Capacity Battery with Batteries
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`Charger, Adjustable Focus and 5 Light Modes Handheld Flashlight for Camping Hiking.
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`Amazon customer Eric Clough left a one star review for the product on June 23, 2021, stating
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`that: “Not as described. The flashlight is fine. The batteries are NOT 5800 MaH. No where close.
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`I have 2600 mah batteries that lasted twice as long.”
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`36.
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`Another example of a deceptive product sold by Amazon is Tokeyla 18650
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`flashlight 5 modes with one pack two-Slot charger and 8 pcs 18650 rechargeable battery
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`5000mAh button top batter for general purpose. Amazon customer Troy Otto left a one star
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`review for the product on May 7, 2021, stating that: “Batteries slightly too tall and flashlight
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`doesn’t work right. Batteries don’t work with the flashlight correctly. Also, these 18650 batteries
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`are slightly taller than usual 18650’s. They are too tall to fit in my ecig.”
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`37.
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`Another example of a misleadingly advertised product is the Headlamp,
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`Headlight, Hard Hat Light 2000 Lumens IMPROVED Cree Led Ultra Bright Rechargeable
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`Waterproof Flashlight Head Light for Camping, Outdoors (Charging equipment and Battery)
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`included (Silver). Amazon customer Josephine left a one star review for the product on June 4,
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`CLASS ACTION COMPLAINT
`(Case Number -- )
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`Cotchett, Pitre & McCarthy, LLP
`7511 Greenwood Avenue N., Suite 4057
`Seattle, WA 98103
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`Case 2:21-cv-01083 Document 1 Filed 08/13/21 Page 11 of 40
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`2021, stating that: “Broke first use. Worked for about 15 minutes. Never worked again. Tried
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`charging it, changing batteries etc.”
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`38.
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`As of July 28, 2021, Amazon was still listing thousands of the dangerous and
`
`falsely advertised batteries on its site, including those that Amazon knows pose safety risks.
`
`Amazon customers who purchased the counterfeit batteries, have posted negative reviews and
`
`photos demonstrating how the batteries have burned or exploded. Despite this, and being on
`
`notice by virtue of the negative reviews, Amazon continues to directly sell, advertise, and market
`
`the defective and dangerous batteries. (See Exhibits F-I)
`
`39.
`
`For example, the following product is available for sale by Amazon: Rollerhouses
`
`7.4 Volt Rechargeable Battery 18650 Pack 2000mAh Li - Ion with Wire and JST Connector.
`
`Amazon customer Bobby A. left a one star review for the product on June 25, 2021, stating that:
`
`“Completely junk. Ordered this battery and waited a week for it to get here. I checked the
`
`voltage on the battery when it arrived and it was at ”0” volts. I had no idea how long this battery
`
`had been stored at "0" volts but that is always a bad sign. I tried charging the battery anyway just
`
`to satisfy my suspension and sure enough it is junk. I don't recommend these batteries.”
`
`40.
`
`Amazon also has ongoing notice and knowledge of the deceptive, and dangerous
`
`nature of the batteries, due to the number of negative reviews submitted by Plaintiff Craig
`
`Crosby and other Amazon customers. Since May 3, 2021, Mr. Crosby has submitted at least
`
`seven negative reviews to Amazon for defective and dangerous lithium-ion 18650 batteries.
`
`Nevertheless, Amazon has blocked and refused to post any of Mr. Crosby’s negative reviews
`
`about the batteries. Amazon’s refusal to submit a review also shows it knew or should have
`
`known about its unfair and/or deceptive practice.
`
`41.
`
`Despite this knowledge, Amazon refuses to remove the defective and dangerous
`
`products and fraudulently advertised lithium-ion batteries sold on its website. Instead Amazon
`
`re-lists and continues to sell and use misleading product photos to obscure the defective and
`
`dangerous nature of lithium-ion battery products.
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`CLASS ACTION COMPLAINT
`(Case Number -- )
`
`9
`
`
`
`Cotchett, Pitre & McCarthy, LLP
`7511 Greenwood Avenue N., Suite 4057
`Seattle, WA 98103
`
`
`

`

`Case 2:21-cv-01083 Document 1 Filed 08/13/21 Page 12 of 40
`
`
`
`C. Defective Lithium-Ion 18650 Batteries Pose Serious Risk Of Injury
`
`42.
`
`Amazon also fails to adequately inform consumers of above-listed problems with
`
`the batteries for sale on their website.
`
`43.
`
`Amazon’s deceptive and/or unfair sale of lithium-ion 18650 batteries are often
`
`accompanied by misleading claims of safety protections, including that the batteries contain
`
`“short-circuit protection,” “overcharge and under-charge protection,” “high and low voltage
`
`cutoff,” “venting,” “BRC protection circuit” or that batteries are “new” in the product listing,
`
`and/or on the individual item and accompanying chargers. Notably, the batteries often fail to
`
`contain any of the safety features advertised.
`
`44.
`
`Legitimate rechargeable batteries possess internal safety measures to minimize
`
`the risks inherent in lithium-ion batteries generally, and maximize the life of the battery.
`
`Standard safety measures may include automatic shut off switches for batteries at both maximum
`
`and minimum charge. These measures reduce the risk of injury, from overheating, fire or
`
`explosion while charging, discharging, or in the event of a short circuit.
`
`45.
`
` Defective rechargeable lithium-ion 18650 batteries sold by Amazon often do not
`
`possess the proper, adequate, or often any safety measures found in genuine lithium-ion batteries.
`
`Absent any or all of these protective features, lithium-ion 18650 batteries pose a high risk of
`
`explosion or igniting.
`
`46.
`
`On January 8, 2021, The U.S. Consumer Product Safety Commission warned
`
`consumers not to buy or use loose 18650 lithium-ion batteries that are separated from battery
`
`packs, because they are potentially hazardous when handled, transported, stored, charged, or
`
`used to power devices.1
`
`
`1 United States Consumer Product Safety Commission, “CPSC Issues Consumer Safety Warning:
`Serious Injury or Death Can Occur if Lithium-Ion Battery Cells Are Separated from Battery Packs
`and Used
`to Power Devices”, https://www.cpsc.gov/content/cpsc-issues-consumer-safety-
`warning-serious-injury-or-death-can-occur-if-lithium-ion-battery
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`CLASS ACTION COMPLAINT
`(Case Number -- )
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`10
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`
`Cotchett, Pitre & McCarthy, LLP
`7511 Greenwood Avenue N., Suite 4057
`Seattle, WA 98103
`
`
`

`

`Case 2:21-cv-01083 Document 1 Filed 08/13/21 Page 13 of 40
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`
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`47.
`
`Amazon knows the risk of injury that defective lithium-ion 18650 batteries pose
`
`to consumers, but continues to market, sell, and advertise deceptive lithium-ion 18650 batteries
`
`in a way which mischaracterizes that risk.
`
`D. Plaintiffs Purchased Amazon Products Containing Defective Lithium-Ion 18650
`
`Batteries
`
`48.
`
`Plaintiffs collected data on counterfeit lithium-ion 18650 batteries and products
`
`containing the batteries purchased on Amazon by tabulating the available reviews. From May 3,
`
`2021 to August 1, 2021, the reviews revealed that 72,434 lithium-ion 18650 batteries and
`
`products with the batteries were reported sold by Amazon. This data is based only on the reviews
`
`of items purchased, not actual items purchased, and represents only a very small fraction of the
`
`counterfeit lithium-ion 18650 batteries sold by Amazon. Many of these reviews were negative,
`
`indicating that the batteries were defective and/or dangerous. (See e.g. Exhibits F-I).
`
`49.
`
`From June through July 2021, Plaintiff Craig Crosby purchased eight products
`
`from Amazon containing deceptive and/or defective lithium-ion 18650 batteries that were
`
`advertised with a number of false and misleading statements, including about their battery
`
`capacity. Upon receipt of the batteries, Mr. Crosby conducted energy tests of the batteries and
`
`determined that Amazon had misrepresented the capacity of a number of the batteries. Amazon
`
`also made several other misrepresentations, including that products contained authentic CREE
`
`LEDs, produced particular lumens, or lasted up to 100,000 hours. A number of the products,
`
`however, did not arrive as advertised, did not work at all, or failed to include the advertised
`
`batteries or the batteries failed to hold a charge.
`
`50.
`
`From June through July 2021, Plaintiff Chris Johnson purchased three products
`
`from Amazon containing defective and deceptive lithium-ion 18650 batteries. Upon receipt of
`
`the products, Mr. Johnson conducted energy tests of the batteries and determined that Amazon
`
`had made numerous false and deceptive statements regarding the products. These products were
`
`all purchased after May 3, 2021, the date that Amazon dropped its arbitration requirement.
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`CLASS ACTION COMPLAINT
`(Case Number -- )
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`11
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`
`Cotchett, Pitre & McCarthy, LLP
`7511 Greenwood Avenue N., Suite 4057
`Seattle, WA 98103
`
`
`

`

`Case 2:21-cv-01083 Document 1 Filed 08/13/21 Page 14 of 40
`
`
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`51.
`
`As of July 28, 2021, Amazon was still listing thousands of the dangerous and
`
`falsely advertised batteries on its site, including those that Amazon knows pose safety risks.
`
`52.
`
`Plaintiffs purchased the following products from Amazon containing unfairly
`
`marketed, defective, and dangerous lithium-ion 18650 batteries:
`
`
`Purchase
`Date
`
`Price
`
`Advertised
`Capacity
`
`Actual Capacity
`
`June 4,
`2021
`
`Amazon
`Direct Seller:
`$22.30
`before tax and
`shipping.
`
`
`Eight 18650
`lithium-ion
`rechargeable
`batteries with
`5000mAh capacity.
`
`
`Four batteries
`tested at
`1726mAh,
`1654mAh,
`1799mAh,
`1631mAh.
`
`Four batteries
`retained in
`original shrink
`wrap packaging.
`
`
`June 4,
`2021
`
`Amazon
`Direct Seller:
`$18.96
`before tax and
`shipping.
`
`
`Four 18650
`lithium-ion
`rechargeable
`batteries with
`5800mAh capacity.
`
`
`All batteries
`tested at
`1049mAh,
` 958,mAh,
` 881mAh,
` 906mAh.
`
`Product
`Purchased by
`Craig Crosby
`
`Tokeyla 18650
`flashlight 5
`modes with one
`pack two-Slot
`charger and 8 pcs
`18650
`rechargeable
`battery 5000mAh
`button top batter
`for general
`purpose
`
`ASIN
`B08C9Q2FZK
`Tokeyla Full
`Metal 5 Modes
`Tactical
`Flashlight with 4-
`Pack 18650
`Rechargeable
`Batteries and
`USB Charger
`Super Bright high
`Lumen Handheld
`Flashlight
`
`ASIN
`B089LNM5B8
`
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`26
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`CLASS ACTION COMPLAINT
`(Case Number -- )
`
`12
`
`
`
`Cotchett, Pitre & McCarthy, LLP
`7511 Greenwood Avenue N., Suite 4057
`Seattle, WA 98103
`
`
`

`

`Case 2:21-cv-01083 Document 1 Filed 08/13/21 Page 15 of 40
`
`June 5,
`2021
`
`Amazon
`Direct Seller:
`$16.26
`before tax and
`shipping.
`
`
`One 18650 lithium-
`ion battery with
`4000mAh capacity.
`
`
`The battery tested
`at
`1890mAh.
`
`
`June 5,
`2021
`
`Amazon
`Direct Seller:
`$13.46
`before tax and
`shipping.
`
`
`Four 18650
`lithium-ion
`rechargeable
`batteries with
`5000mAh capacity.
`
`
`June 11,
`2021
`
`Amazon
`Direct Seller:
`$16.19
`before tax and
`shipping.
`
`
`Two 18650 lithium-
`ion rechargeable
`batteries with
`4000mAh capacity.
`
`
`Two batteries
`tested at
`39mAh,
`39mAh.
`
`Two batteries
`retained in
`original shrink
`wrap packaging.
`
`
`The product was
`delivered with
`blue 2000mAh
`batteries, not the
`red 4200mAh
`batteries as
`advertised, item
`was returned for a
`refund.
`
`Goreit
`Rechargeable
`Flashlight, LED
`Tactical
`Flashlight with
`18650 Battery &
`USB Charger,
`Super Bright 900
`Lumens CREE
`LED, Zoomable,
`5 Light Modes,
`Water Resistant,
`Military Torch
`For Camping,
`Emergency
`
`ASIN
`B07H8JWZ3V
`The Revenant
`Super Bright
`LED Headlamp 4
`Modes 3 CREE
`XM-L T6
`Waterproof &
`Lightweight
`Camping Outdoor
`Sports Headlight
`
`