On September 7, 2021, Debbie Chaves (“Plaintiff”), individually and on behalf of all others similarly situated, represented by Wright A Noel of Carson & Noel PLLC, filed a consumer class action complaint against Amazon.com, Inc. (“Defendant” or “Amazon”), seeking available compensatory, statutory, and punitive damages along with reasonable attorney’s fees and costs for alleged breach of contract and consumer protection act violations. This case was filed in the United States District Court in the District of Washington.
This is a class action for breach of contract and consumer protection act violations arising from Amazon’s allegedly unlawful charge of a “sales tax” to United States customers on certain digital and gift card goods, despite the tax-exempt status of such goods under state law.
In the complaint, the Plaintiff alleged that, “Under the Conditions of Use, Plaintiff and members of the Digital Goods Class and Massachusetts Digital Goods Subclass did not agree to pay non-applicable, improperly charged state sales taxes. Defendant breached these contracts by assessing a sales tax on the purchases of digital goods made by Plaintiff and members of the Digital Goods Class and Massachusetts Digital Goods Subclass, even though said digital good were not subject to sales tax under state law.”
The Plaintiff also alleged that, “Similarly, Plaintiff and members of the Gift Card Class and Massachusetts Gift Card Subclass did not agree to pay taxes on gift cards, which Amazon represented were not subject to tax. Defendant also breached these contracts by assessing a sales tax on the purchases of gift cards made by Plaintiff and members of the Gift Card Class and Massachusetts Gift Card Subclass, even though Amazon represents in its Conditions of Use that it does not charge a sales tax on the purchase of gift cards.”
Further, the Plaintiff alleged that, “Defendant engaged in deceptive acts that occurred in trade or commerce by conduct set forth above. These deceptive acts include the representation that the “taxes” charged to Plaintiff and members of the Classes were “sales tax” in accordance with applicable state laws. These deceptive acts also include Amazon’s representation that ‘[n]o tax is charged when purchasing gift cards.’”
There are two claims for relief laid down by the Plaintiff. The first claim is for alleged breach of contract. The second claim is for alleged violation of Washington Consumer Protection Act (“WCPA”) RCW §§ 19.86.010, et seq.
In the prayer for relief, the Plaintiff has requested the Court to pass an order certifying the Classes under Rule 23 of the Federal Rules of Civil Procedure, and naming the Plaintiff as the representative for the Classes and the Plaintiff’s attorneys as Class Counsel along with compensatory, statutory, and punitive damages in amounts to be determined by the Court and/or jury, prejudgment interest, equitable monetary relief, injunctive relief, and such other and further relief as the Court deems just and proper.
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Pending - Other Pending
Wright A Noel
Attorney at CARSON & NOEL PLLC
20 Sixth Avenue Northeast
Issaquah, WA 98027
Civil Cover Sheet
(#1) COMPLAINT against defendant(s) Amazon.com, Inc. with JURY DEMAND (Receipt # AWAWDC-7238725), filed by Debbie Chaves. (Attachments: #1 Summons, #2 Civil Cover Sheet)(Noel, Wright) (Entered: 09/07/2021)
Docket(#1) COMPLAINT against defendant(s) Amazon.com, Inc. with JURY DEMAND (Receipt # AWAWDC-7238725), filed by Debbie Chaves. (Attachments: #1 Summons, #2 Civil Cover Sheet)(Noel, Wright) (Entered: 09/07/2021)Read MoreRead Less
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