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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 1 of 44
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
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`
`
`Case No: 2:22-cv-00743-TL
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`(CONSOLIDATED CASE)
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`CONSOLIDATED CLASS ACTION
`COMPLAINT- DEMAND FOR JURY TRIAL
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`IN RE: AMAZON SERVICE FEE
`LITIGATION
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`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL
`
`
`
`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
`
`

`

`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 2 of 44
`
`Plaintiff Dena Griffith (“Plaintiff”), hereby brings this Action against Defendant Amazon.com,
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`Inc. (“Defendant” or “Amazon”) for misleading consumers concerning the amounts they must pay for
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`grocery deliveries from Whole Foods Market and for breaching its contracts with its Amazon Prime
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`members, and upon information and belief and investigation of counsel alleges as follows:
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`I.
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`JURISDICTION AND VENUE
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`1.
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`This Court has original jurisdiction over this action under the Class Action Fairness Act
`
`of 2005 (“CAFA”), 28 U.S.C. § 1332(d). Defendant is a citizen of a state different from that of the
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`Plaintiff, the putative class size is greater than 100 persons, and the amount in controversy in the
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`aggregate for the putative Class exceeds the sum or value of $5 million exclusive of interest and costs.
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`2.
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`This Court has both general and specific personal jurisdiction over the Defendant
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`because Defendant has conducted and continues to conduct substantial business in the State of
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`Washington and in King County, Washington.
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`3.
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`This Court has specific personal jurisdiction arising from Defendant’s decision to
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`conduct business in Washington. Defendant has sufficient minimum contacts with this State and
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`sufficiently avails itself to the markets of this State to render the exercise of jurisdiction by this Court
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`reasonable. Defendant maintains its corporate headquarters in the state of Washington.
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`4.
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`Venue is proper in the United States District Court for the Western District of
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`Washington pursuant to 28 U.S.C. § 1391(b) because Defendant resides in this District.
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`II.
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`PARTIES
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`5.
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`Defendant Amazon is the world’s largest online marketplace. It is a Delaware
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`corporation that is headquartered at 410 Terry Avenue North, Seattle, Washington 98109-5210.
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`6.
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`Plaintiff Dena Griffith is a citizen of the State of California who resides in Riverside
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`County, California.
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`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL - 1 -
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`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 3 of 44
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`
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`III.
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`FACTUAL ALLEGATIONS
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`A.
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`Amazon Advertises that Its Prime Members Will Receive “Free Delivery” and
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`“Free 2-Hour Grocery Delivery”
`
`7.
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`Amazon offers a service called Amazon Prime, which is a paid subscription service that
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`gives users access to additional services otherwise unavailable or available at a premium to other
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`Amazon customers. Amazon Prime services include same, one or two-day delivery of goods and
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`streaming music, video, e-books, gaming and grocery shopping services. In April 2021, Amazon
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`reported that Prime had more than 200 million subscribers worldwide.1
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`8.
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`Amazon charges its customers approximately $14.99 per month or $139 per year for an
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`Amazon Prime membership. Attached hereto as Exhibit 1 is a true and correct copy of Amazon’s current
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`Prime Membership Agreement as of October 21, 2022.2
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`9.
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`One of the advertised benefits of Amazon Prime is that members will receive “FREE
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`Delivery” and “FREE 2-Hour Grocery Delivery,” including grocery deliveries from Whole Foods
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`Market. Amazon makes these representations on the Amazon website and in television and print
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`advertisements. Below are representative examples of advertisements from Amazon’s website:
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`
`
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`
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`
`
`1 See Amazon Prime Tops 200 Million Members, Jeff Bezos Says, VARIETY, available at
`https://variety.com/2021/digital/news/amazon-prime-200-million-jeff-bezos-1234952188/ (last visited
`June 6, 2022).
`at
`available
`is
`Agreement
`Membership
`Prime
`The
`2
`https://www.amazon.com/gp/help/customer/display.html?nodeId=G2B9L3YR7LR8J4XP (last visited
`October 21, 2022).
`
`
`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL - 2 -
`
`
`
`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 4 of 44
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`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL - 3 -
`
`
`
`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 5 of 44
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`B.
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`Amazon’s “Free Delivery” Advertisements Are False and Misleading Because
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`Amazon Charges a $9.95 Service Fee for Grocery Deliveries from Whole Foods
`
`Market
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`10. Whole Foods Market is a supermarket chain that is popularly known for its selections of
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`organic foods. Whole Foods has approximately 500 stores in North America. In August of 2017,
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`Amazon acquired Whole Foods Market and continues to own Whole Foods Market.
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`11.
`
`Amazon offers its prime members 2-hour grocery delivery from Whole Foods Market.
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`
`
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`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL - 4 -
`
`
`
`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 6 of 44
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`12.
`
`Amazon advertises that its Prime members will receive “FREE Delivery” and “FREE 2-
`
`Hour Grocery Delivery,” including for grocery deliveries from Whole Foods Market. This is false.
`
`13.
`
` In approximately October of 2021, Amazon began charging its customers— including
`
`its Prime member customers— a $9.95 “service fee” for all grocery deliveries from Whole Foods
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`Market.3 Accordingly, Amazon’s representations that Prime members will receive “FREE Delivery”
`
`
`3 See Amazon slaps a $9.95 fee on Whole Foods deliveries. And Walmart pounces, CNN, available at
`https://www.cnn.com/2021/10/28/business/walmart-amazon-prime-fee/index.html (last visited June 6,
`2022).
`
`
`
`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL - 5 -
`
`
`
`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
`
`
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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 7 of 44
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`and “FREE 2-Hour Grocery Delivery” are false, misleading, and likely to deceive a reasonable
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`consumer, and Amazon’s advertising and marketing omit information that would be important or
`
`material to a reasonable consumer. Moreover, many Amazon Prime Members report not receiving their
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`deliveries during the promised delivery period.4 Accordingly, Amazon’s promise of “FREE 2-hour
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`grocery delivery is false and misleading.
`
`14.
`
`Amazon’s $9.95 “service fee” is in essence a hidden or mislabeled delivery fee. As
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`admitted by Amazon, the service fee was “put in place to help cover delivery operating costs like
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`equipment and technology without raising product prices.”5 Amazon customers are only charged the
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`$9.95 “service fee” for Whole Foods grocery deliveries. If a customer instead choses to pick up the
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`items in-store, then that customer will not be charged the service fee.
`
`C.
`
`Amazon Engages in Bait-and-Switch Advertising by Not Disclosing the $9.95
`
`Service Fee with the Advertised Price of the Whole Foods Grocery Items
`
`15.
`
`In addition to Amazon’s false representations that Prime members will receive “FREE
`
`Delivery” and “FREE 2-Hour Grocery Delivery,” Amazon engages in a bait-and-switch advertising
`
`scheme by not disclosing the $9.95 service fee along with the advertised price of the Whole Foods
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`grocery items.
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`16.
`
`The first page of the Whole Foods delivery section on Amazon’s website displays various
`
`grocery items alongside the advertised price of the items. For example, the advertised price of Whole
`
`
`4 Hank Winchester, Amazon Prime Customers experiencing delays in free 2-day shipping in U.S.,
`at
`https://www.clickondetroit.com/consumer/help-me-hank/2022/09/09/help-me-hank-
`available
`amazon-prime-customers-experiencing-delays-in-free-2-day-shipping-in-us/ (last visited October 21,
`2022).
`5 See Amazon slaps a $9.95 fee on Whole Foods deliveries. And Walmart pounces, CNN, available at
`https://www.cnn.com/2021/10/28/business/walmart-amazon-prime-fee/index.html (last visited June 6,
`2022).
`
`
`
`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL - 6 -
`
`
`
`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 8 of 44
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`Foods Feta Cheese is $4.29. Nowhere on this initial webpage is the $9.95 service fee disclosed as shown
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`below:
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`17.
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`If a consumer then clicks on the desired grocery item, the next webpage states in opaque
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`text “$9.95 for 2-hour delivery.” This text is in small font and is unlikely to be noticed by a reasonable
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`consumer. Moreover, the text is in smaller font and in a different color than the advertised price of the
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`grocery item as shown below:
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`
`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL - 7 -
`
`
`
`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 9 of 44
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`
`
`18.
`
`Once the consumer clicks on the “add to cart” icon, there is a series of webpages asking
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`for payment and delivery information before the consumer arrives at the final “place your order” page.
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`On the “place your order” page, the service fee is shown in small text above the total price of the delivery
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`that is unlikely to be noticed by a reasonable consumer. Moreover, Amazon also includes a $5 tip that
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`is shown in small text above the total price of the delivery that is unlikely to be noticed by a reasonable
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`consumer. Although the tip is “optional,” reasonable consumers would not notice that the $5 tip has
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`been added by default. Amazon’s “place order” page is shown below:
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`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL - 8 -
`
`
`
`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 10 of 44
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`19.
`
`Amazon’s practice of initially advertising only part of a price and then later revealing the
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`service fee as the consumer completes the buying process has been labeled “drip pricing” by the Federal
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`Trade Commission (“FTC”).6 Amazon uses drip pricing to bamboozle consumers using the tried and
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`true classic, and unlawful, bait advertising scheme.7 Again, Amazon advertises groceries from Whole
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`Foods at a certain price and then tacks on a mandatory “service fee” later in the ordering process after
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`the consumer is already invested in the ordering process.
`
`D.
`
`20.
`
`Amazon Raises its Membership Prices
`
`Amid instituting free Whole Foods delivery services for Amazon Prime members,
`
`Amazon announced that, beginning on May 11, 2018, the cost of an Amazon Prime membership would
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`increase from $99 to $119. While this increased cost immediately applied to new members who joined
`
`on or after May 11, 2018, preexisting Amazon Prime members’ fees would increase upon renewal on
`
`or after June 16, 2018. Around the time of this announcement, Amazon had approximately 100 million
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`Prime members worldwide.
`
`21.
`
`Amazon understood that offering free two-hour delivery Whole Foods orders to Prime
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`members increased the monetary value of Prime. At the time, Amazon Chief Financial Officer, Brian
`
`Olsavsky, claimed that the price increase was a natural consequence of the growing benefits associated
`with an Amazon Prime membership, which would include free deliveries from Whole Foods.8
`
`
`6 See The Economics of Drip Pricing, FEDERAL TRADE COMMISSION, available at
`https://www.ftc.gov/news-events/events/2012/05/economics-drip-pricing (last visited June 6, 2022).
`
` 7
`
` “Bait advertising is an alluring but insincere offer to sell a product or service which the advertiser in
`truth does not intend or want to sell. Its purpose is to switch consumers from buying the advertised
`merchandise, in order to sell something else, usually at a higher price or on a basis more advantageous
`to the advertiser. The primary aim of a bait advertisement is to obtain leads as to persons interested in
`buying merchandise of the type so advertised.” 16 CFR § 238.0.
`
` 8
`
` https://arstechnica.com/information-technology/2018/04/amazon-to-raise-annual-membership-price-
`of-prime-to-119/.
`
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`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL - 9 -
`
`
`
`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 11 of 44
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`22.
`
`The importance of this benefit became particularly pronounced during the Covid-19
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`pandemic, when deliveries from Whole Foods more than tripled from 2019 to 2020.9
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`23. When Amazon eliminated Prime’s free Whole Foods delivery program, however, the
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`cost of a Prime membership was not reduced, nor did it provide any partial refund. Moreover, Amazon
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`Prime members who had used a Prime benefit at any time outside a three-day period at the start of their
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`membership could not cancel their annual membership in response to the unilateral termination of the
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`free delivery program until their next annual renewal date.
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`E.
`
`24.
`
`Plaintiff’s Experience
`
`Plaintiff Dena Griffith is an Amazon Prime member who read and relied on Amazon’s
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`online advertisements that Prime members will receive “FREE Delivery” and “FREE 2-Hour Grocery
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`Delivery.”
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`25.
`
`On January 22, 2022, Plaintiff made an online order for a Whole Foods grocery delivery
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`from the Amazon website and was charged a $9.95 service fee.
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`26.
`
`Plaintiff Griffith was deceived by and relied upon Defendant’s misleading bargain and
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`bait advertising, and specifically the hidden and deceptive nature of the service fee and the fact that
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`Amazon advertises that Prime members will receive “FREE Delivery” and “FREE 2-Hour Grocery
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`Delivery.” Plaintiff purchased grocery items from Defendant in reliance on the false and deceptive
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`bargain and bait advertising and without knowledge of the true amount being charged based on
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`Defendant’s deceptive advertising and buried service fee.
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`27.
`
`Plaintiff, as a reasonable consumer, is not required to scrutinize advertisements to ferret
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`out misleading facts and omissions, ascertain whether Defendant’s pricing includes or excludes a service
`
`
`9 Jay Greene, Amazon Prime Members Bristle at News of Whole Foods Delivery Charge, WASH. POST
`(Sept. 29, 2021).
`
`
`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL - 10 -
`
`
`
`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 12 of 44
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`fee. In fact, Plaintiff is lawfully entitled to rely on statements that Defendant deliberately places on its
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`website that Prime members will receive “FREE Delivery” and “FREE 2-Hour Grocery Delivery.”
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`28.
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`Because Plaintiff reasonably assumed that her grocery delivery order would conform to
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`the advertised price and be free of unlawful or hidden charges, when it was not, she did not receive the
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`benefit of her purchase. Instead of receiving the benefit of a free delivery as advertised, Plaintiff paid a
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`$9.95 service fee.
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`29.
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`Plaintiff would not have placed her online grocery order and would not have paid as
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`much as she had for the grocery order, in the absence of Defendant’s misrepresentations and omissions.
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`Had Defendant not violated Washington and California law, Plaintiff would not have been injured as
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`she was. Plaintiff was also unable, and will not be able in the future, to effectively compare grocery
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`delivery prices when purchasing from Amazon’s website due to Amazon’s initial deception of
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`advertising grocery prices that are less than what a consumer will ultimately pay. Plaintiff has suffered
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`a concrete, tangible, injury in fact caused by Defendant’s wrongful acts and omissions.
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`30.
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`Plaintiff and the Class have lost money as a result of Defendant’s unlawful behavior.
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`Plaintiff and the Class altered their position to their detriment and suffered loss in an amount equal to
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`the deceptively advertised service fees they paid for Whole Foods grocery deliveries.
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`31.
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`Plaintiff intends to, seeks to, and will purchase Whole Foods grocery deliveries from the
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`Amazon website again when she can do so with the assurance that the advertising of free delivery is
`lawful.
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`IV. CLASS ACTION ALLEGATIONS
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`32.
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`Plaintiff brings this action on behalf of herself and all others similarly situated pursuant
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`to Federal Rules of Civil Procedure 23(a), 23(b)(2), and 23(b)(3).
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`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL - 11 -
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`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 13 of 44
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`33.
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`The Nationwide Classes are defined as follows:
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`(1) All U.S. citizens who were Amazon Prime members that were charged a service fee in
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`connection with an online delivery from Whole Foods Market from August 1, 2021
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`until the date notice is disseminated to the class, excluding Defendant and Defendant’s
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`officers, directors, employees, agents and affiliates, and the Court and its staff.
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`(2) All U.S. Citizens who were Amazon Prime members from June 7, 2018 until the date
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`notice is disseminated to the class, excluding Defendant and Defendant’s officers,
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`directors, employees, agents and affiliates, and the Court and its staff.
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`34.
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`The California Class is defined as follows:
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`All California residents who were Amazon Prime members that were charged a service fee in
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`connection with an online delivery from Whole Foods Market from August 1, 2021 until the
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`date notice is disseminated to the class, excluding Defendant and Defendant’s officers, directors,
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`employees, agents and affiliates, and the Court and its staff.
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`35.
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`The proposed Classes meet all criteria for a class action, including numerosity,
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`commonality, typicality, predominance, superiority, and adequacy of representation.
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`36.
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`This action has been brought and may properly be maintained as a class action against
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`Defendant. While the exact number and identities of other Class Members are unknown to Plaintiff at
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`this time, Plaintiff is informed and believes that there are hundreds of thousands of Members in the
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`Class. The Members of the Class are so numerous that joinder of all Members is impracticable and the
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`disposition of their claims in a class action rather than in individual actions will benefit the parties and
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`the courts.
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`37.
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`The proposed Classes satisfy typicality. Plaintiff’s claims are typical of and are not
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`antagonistic to the claims of other Class members. Plaintiff and the Class members all purchased Whole
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`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL - 12 -
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`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 14 of 44
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`Foods grocery deliveries, were deceived by the false and deceptive advertising, and lost money as a
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`result.
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`38.
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`The proposed Classes satisfy superiority. A class action is superior to any other means
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`for adjudication of the Class members’ claims because it would be impractical for individual Class
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`members to bring individual lawsuits to vindicate their claims.
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`39.
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`Because Defendant’s misrepresentations were uniformly made on Amazon’s website, all
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`Class members including Plaintiff were exposed to and continue to be exposed to the omissions and
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`affirmative misrepresentations. If this action is not brought as a class action, Defendant can continue to
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`deceive consumers and violate federal and state law with impunity.
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`40.
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`The proposed Class representative satisfies adequacy of representation. Plaintiff is an
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`adequate representative of the Class as she seeks relief for the Class, her interests do not conflict with
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`the interests of the Class members, and she has no interests antagonistic to those of other Class members.
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`Plaintiff has retained counsel competent in the prosecution of consumer fraud and class action litigation.
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`41.
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`The proposed Classes satisfy commonality and predominance. There is a well-defined
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`community of interest in questions of law and fact common to the Class, and these predominate over
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`any individual questions affecting individual Class members in this action.
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`42.
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`Questions of law and fact common to Plaintiff and the Class include:
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`a. Whether Defendant failed to disclose the presence of a service fee during the online ordering
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`process;
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`b. Whether Defendant’s advertising omissions and representations constituted false advertising
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`under Washington and California law;
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`c. Whether Defendant’s advertising omissions and representations constituted unfair business
`practices under the Washington Consumer Protection Act;
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`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL - 13 -
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`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 15 of 44
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`d. Whether Defendant’s conduct constituted a violation of California’s Unfair Competition Law;
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`e. Whether Defendant’s conduct constituted a violation of California’s Consumer Legal
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`Remedies Act;
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`f. Whether the Class is entitled to restitution, rescission, actual damages, punitive damages,
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`attorney fees and costs of suit, and injunctive relief; and
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`g. Whether members of the Class are entitled to any such further relief as the Court deems
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`appropriate.
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`43.
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`Plaintiff will fairly and adequately protect the interests of the Class, has no interests that
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`are incompatible with the interests of the Class, and has retained counsel competent and experienced in
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`class litigation.
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`44.
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`Defendant has acted on grounds applicable to the entire Class, making final injunctive
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`relief or declaratory relief appropriate for the Class as a whole.
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`45.
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`46.
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`Class treatment is therefore appropriate under Federal Rule of Civil Procedure 23.
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`Class damages will be adduced and proven at trial through expert testimony and other
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`competent evidence, including evidence exclusively in Defendant’s possession.
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`V.
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`CAUSES OF ACTION
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`FIRST CAUSE OF ACTION
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`VIOLATIONS OF THE WASHINGTON CONSUMER PROTECTION ACT
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`RCW 19.86.010 ET SEQ.
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`47.
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`Plaintiff realleges and incorporates the allegations elsewhere in the Complaint as if set
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`forth in full herein.
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`48.
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`The Washington Consumer Protection Act (“WCPA”) makes unlawful to commit
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`“[u]nfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or
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`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL - 14 -
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`
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`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 16 of 44
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`commerce.” RCW 19.86.020. The WCPA provides a private right of action for “[a]ny person who is
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`injured in his or her business or property” by violations of the Act. RCW 19.86.090.
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`49.
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`In the course of the Defendant’s business, it knowingly and intentionally failed to
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`disclose and actively concealed material facts and made false and misleading statements regarding its
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`service fee for grocery deliveries from Whole Foods Market.
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`50.
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`Defendant’s actions as set forth above occurred in the conduct of trade or commerce, and
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`constitute unfair or deceptive trade practices under the WCPA. Defendant’s actions impact the public
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`interest because Plaintiff was injured in exactly the same way as thousands of others who paid a service
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`fee for grocery deliveries from Whole Foods Market as a result of Defendant’s generalized course of
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`deception. Defendant’s conduct has the capacity to, and has actually caused injury not only to Plaintiff,
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`but to thousands of others in Washington and around the country.
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`51.
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`Plaintiff and the Class relied upon and were deceived by the Defendant’s unfair and
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`deceptive misrepresentations of material fact in deciding to enter into contracts or continue doing
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`business with Defendant. Buyers such as Plaintiff and members of the Class would have acted
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`differently knowing that the Defendant charges a service fee in connection with grocery deliveries from
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`Whole Foods Market. Plaintiff and members of the Class would have wanted to know, as would any
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`reasonable person, that the Defendant charges a service fee in connection with grocery deliveries from
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`Whole Foods Market and this information would have changed their and any reasonable customer’s
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`decision to purchase Defendant’s grocery delivery service.
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`52.
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` Plaintiff and the Class were injured as a result of the Defendant’s conduct, and suffered
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`ascertainable monetary loss.
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`53.
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`Plaintiff seeks an award of actual damages, treble damages, attorney’s fees and costs as
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`permitted by the WCPA.
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`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL - 15 -
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`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 17 of 44
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`54.
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` Pursuant to RCW 19.86.095, Plaintiff will serve the Washington Attorney General with
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`a copy of this complaint as Plaintiff seeks injunctive relief.
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`SECOND CAUSE OF ACTION
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`VIOLATIONS OF THE CONSUMERS LEGAL REMEDIES ACT
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`CAL. CIV. CODE §§ 1750 ET SEQ.
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`55.
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`Plaintiff realleges and incorporates the allegations elsewhere in the Complaint as if set
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`forth in full herein.
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`56.
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`The CLRA prohibits unfair or deceptive practices in connection the sale of goods or
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`services to a consumer.
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`57. Moreover, the CLRA is meant to be “[c]onstrued liberally and applied to promote its
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`underlying purposes, which are to protect consumers against unfair and deceptive business practices
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`and to provide efficient and economical procedures to secure such protection.” Civil Code Section 1760,
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`inter alia.
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`58.
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`The online grocery deliveries from Whole Foods Market that Amazon provides are
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`“Services” as defined by the CLRA. The Whole Foods grocery items are also “Goods” as defined by
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`the CLRA.
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`59.
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`60.
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`Plaintiff and the Class Members are “Consumers” as defined by the CLRA.
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`Each of the purchases made by the Plaintiff and the Class Members from the Defendant
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`were “Transactions” as defined by the CLRA.
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`61.
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`Amazon’s false and misleading pricing practices and other policies, acts, and practices
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`described herein were designed to, and did, induce Plaintiff’s and Class Members’ purchases of Whole
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`Foods grocery deliveries for personal, family, or household purposes, and violated and continues to
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`violate at least the following sections of the CLRA:
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`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL - 16 -
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`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 18 of 44
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`a.
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`b.
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`§ 1770(a)(9): Advertising goods with intent not to sell them as advertised;
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`§ 1770(a)(14) Representing that a transaction confers or involves rights, remedies, or
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`obligations that it does not have or involve, or that are prohibited by law; and
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`c.
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`§ 1770(a)(20): Advertising that a product is being offered at a specific price plus a
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`specific percentage of that price unless (A) the total price is set forth in the advertisement, which may
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`include, but not limited to, shelf tags, displays, and media advertising in a size larger than any other
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`price in that advertisement, and (B) the specific price plus a specific percentage of that price represents
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`a markup from the seller’s costs or from the wholesale price of the product.
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`62.
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`Amazon violated Sections 1770(a)(9), (14), and (20) by marketing and falsely
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`representing a lower grocery delivery price than what consumers were actually charged. Moreover,
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`Amazon advertised that Prime members would receive “FREE Delivery” and “FREE 2-Hour Grocery
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`Delivery” when, in fact, grocery deliveries from Whole Foods Market are not free and subject to a $9.95
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`service fee.
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`63.
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`64.
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`Amazon never intended to sell its grocery deliveries with free delivery.
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`On information and belief, Amazon’s violations of the CLRA discussed above were done
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`with the actual knowledge, intent, and awareness that the conduct alleged was wrongful.
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`65.
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`On information and belief, Amazon committed these acts knowing it would harm
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`Plaintiff and Class Members.
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`66.
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`Plaintiff and Class Members were injured by Amazon because Plaintiff and Class
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`Members were baited and defrauded into paying more for grocery deliveries than was represented due
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`to Amazon’s false representations and advertisements.
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`67.
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` Plaintiff and Class Members were harmed as a direct and proximate result of Amazon’s
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`violations of the CLRA and are thus entitled to a declaration that Defendant violated the CLRA.
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`
`CONSOLIDATED COMPLAINT- CLASS ACTION
`DEMAND FOR JURY TRIAL - 17 -
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`BORDE LAW PLLC
`600 Stewart Street, Suite 400
`Seattle, Washington 98101
`(206) 531-2722
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`Case 2:22-cv-00743-TL Document 47 Filed 10/25/22 Page 19 of 44
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`68.
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`On June 9, 2022