Amazon closures: Montrealer takes legal action

A Montrealer is seeking to make Amazon pay for its decision to close all its Quebec warehouses by filing an application for authorization for a class action before the Superior Court.

Jean Desnoyers is seeking compensatory and punitive damages for failing to comply with the terms and conditions of the contract binding the company to its Prime subscribers.

One of the company’s promises is to deliver in two days or less items identified as eligible for the Prime service. Desnoyers points out that Prime items ordered by him and others took five days to arrive.

Unable to fulfill two-day promise

According to the motion filed Wednesday by Desnoyers, Amazon’s inability to deliver in two days as promised in its agreement with consumers is the direct result of its unilateral decision to close its seven Quebec warehouses on Jan. 22.

Desnoyers believes that by being unable to deliver Prime-identified items within two days, Amazon no longer had the right to charge the full price of $99 per year or $9.99 per month plus taxes.

The claim states that “despite being aware that the warehouse closures would have a significant impact on delivery times, the defendant (Amazon) did not notify Quebec Prime members of this material change in their services and did not adjust its membership fees to reflect this decrease in service.”

The class action claim seeks to represent all individuals in Quebec who subscribed to Amazon Prime between Jan. 22, 2025 and the time the claim is successful.

Excessive delay

The document shows, with several screenshots to back it up, that two-day delivery is promoted as a fundamental benefit of membership, with the promise all over its website, mobile app and marketing materials.

When it closed its warehouses on Jan. 22, Amazon had said it would turn to a third-party delivery company to provide the same service. However, the representative in the class action suit and other Prime members have seen delivery times for Prime items increase to at least four days.

And yet, it continues, Amazon continues to charge full price for Prime membership and to advertise that one of the key benefits is two-day delivery, among other things.

Misrepresentation

Amazon, according to the application, is engaging in misrepresentation and contravening several sections of the Consumer Protection Act.

Desnoyers is asking the court, on behalf of all future plaintiffs, to order Amazon to refund Prime membership fees in full for any period when two-day delivery was not possible due to warehouse closures. He is also seeking reimbursement of the difference in value between the regular membership and the inferior service he obtained.

He also claims reimbursement of all additional costs incurred due to delivery delays, with interest.

Finally, he is asking the Court to order Amazon to pay punitive damages to all members of the class action, the amount to be determined by the Court.

–This report by La Presse Canadienne was translated by CityNews