A class action lawsuit claims that the online retail giant sells recalled and dangerous items on its website. Plaintiff Ryan Edmundson says he purchased numerous recalled items from Amazon. Amazon allowed these items to be sold on the site and did not notify him that they were recalled.
According to the Amazon class action lawsuit, The Wall Street Journal recently investigated the issue. It discovered that 4,152 items were for sale on Amazon that had been “declared unsafe by federal agencies, that are deceptively labeled, or that are banned by federal regulators.” 46% of these items were listed as shipping from Amazon warehouses.
The Amazon recalled items class action lawsuit asserts that Amazon’s attempt to have consumers waive class action rights and instead pursue arbitration are not enforceable. The Amazon class action lawsuit claims that the arbitration requirements are not enforceable. That’s because Amazon does not comply with its own conditions of use and engages in allegedly fraudulent business practices.
Edmundson also claims that Amazon violates the Illinois Uniform Deceptive Trade Practices Act. Allegedly, the law makes it unlawful to “advertise goods or services with intent not to sell them as advertised” or to “engage in any other conduct which similarly creates a likelihood of confusion or misunderstanding.”
The lawsuit says customers would not have purchases items if they knew they had been recalled. Plus Amazon puts customers in danger by selling recalled products. The Amazon class action lawsuit notes that many products are recalled over safety concerns. Consumers may unknowingly purchase a product that could put their health and safety at risk.
Amazon’s common legal defense in safety disputes over third-party sales is that it is not the seller. So it can’t be responsible under state statutes that let consumers sue retailers. Amazon also says that, as a provider of an online forum, it is protected by the law—Section 230 of the Communications Decency Act of 1996—that shields internet platforms from liability for what others post there.
The Amazon Recalled Items Class Action Lawsuit is Ryan Edmundson v. Amazon.com Inc., Case No. 1:19-cv-05835, in the U.S. District Court for the Northern District of Illinois, Eastern Division.