April 11 (Reuters) - Amazon.com ( AMZN ) has asked a U.S. judge
to reject a proposed class-action lawsuit accusing it of duping
millions of consumers by obscuring product listings for
lower-priced items with better delivery times.
Amazon ( AMZN ) in a filing on Wednesday in Seattle federal court
said the consumers' lawsuit was premised on the "unfounded
assumption" that buyers are primarily interested only in the
best price for an item.
"Plaintiffs' own allegations confirm that at least some
consumers want Amazon ( AMZN ) to consider nonprice attributes in
deciding which offers to feature in its store," Amazon ( AMZN ) told the
court. The company denied that its practices were unfair or
deceptive.
Amazon ( AMZN ) and attorneys for the plaintiff did not immediately
respond to requests for comment.
The lawsuit zeroes in on Amazon's ( AMZN ) "buy box" feature,
claiming it steers online shoppers to sellers that use the
company's Fulfillment By Amazon program and pay "hefty fees" for
services including inventory storage and packing and shipping.
Two California residents filed the lawsuit in February,
seeking damages for alleged violations of a Washington state
consumer-protection measure that outlaws deceptive trade
practices.
The plaintiffs, represented by law firm Hagens Berman Sobol
Shapiro, said Amazon ( AMZN ) "uses a biased algorithm to determine which
offers shoppers will see, and therefore which sellers they will
buy from."
Amazon ( AMZN ) countered in Wednesday's filing that "there is
nothing unfair or deceptive about a retailer deciding which
product offerings it believes will be most appealing to its
customers, and then letting customers accept or decline those
offers based on their own evaluation."
The company faces a number of other lawsuits from consumers
and government agencies. The Hagens Berman firm has sued Amazon ( AMZN )
in other cases for alleged violations of U.S. antitrust law.
In another pending case, also in Seattle, the U.S. Federal
Trade Commission last year accused Amazon ( AMZN ) of using deceptive
user-interface designs to trick shoppers into automatically
renewing paid subscriptions for its Prime service. Amazon ( AMZN ) has
denied the allegations.
The case is Taylor et al v Amazon.com Inc ( AMZN ), U.S. District
Court, Western District of Washington, No. 2:24-cv-00169-MJP.
For plaintiff: Steve Berman and Barbara Mahoney of Hagens
Berman Sobol Shapiro
For Amazon ( AMZN ): John Goldmark of Davis Wright Tremaine and John
Schmidtlein of Williams & Connolly
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