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Amazon Accused of Misrepresenting Fast Prime Delivery

Amazon PrimeRecently, two California consumers filed a class action lawsuit against Amazon claiming that the company misrepresents how fast it delivers products when you have a Prime membership.

On their website, Amazon promises free same-day or one-day delivery on millions of items. In other places, they promise two-day shipping.

The lawsuit contends that in many cases the company does not deliver on the promise.


… in opting to purchase [Prime] and pay a monthly $12.99 monthly fee for the Product, Plaintiff Brittain relied on the expedited shipping speed attributes, which are undoubtedly material to the reasonable consumer. During the time span when Plaintiff Brittain paid for [Prime], on at least three occasions, Defendant Amazon failed to provide her with the advertised benefits of [Prime]. and deliver her ordered goods within the marketed shipping speed of two days or less.

The suit contends that the plaintiffs would not have bought the membership or would have paid less than the current $139 a year or $12.99 a month had they known of the longer delivery times that they would experience.

In claiming misrepresentation and unfair practices, the lawyers are seeking restitution and damages for all affected California Prime members.

So what has your experience been with Prime? Do you typically get the same day, next day, or 2-day delivery that the company promises?

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99 thoughts on “Amazon Accused of Misrepresenting Fast Prime Delivery”

  1. The Prime shipping is pretty much 2 days. What they don’t tell you is that it may take three days to get it out of the warehouse before it can ship, making it a five day experience. I think Amazon is having problems keeping warehouse workers. It used to be a lot faster.

  2. I have had fairly good success with delivery speed. It is not an issue with me. I live in a huge apartment complex, however, and don’t appreciate their delivery times up to 10 pm. I am usually asleep by then and there have been times when my package has been left outside overnight.

    My biggest problem, though, is the driver’s inability to deliver to the correct building. I have lost many shipments because my package was left on someone else’s doorstep. That is infuriating. Amazon had me convinced for over a year that my neighbors were stealing all my packages until I examined the delivery photo carefully and noticed the front door and the welcome mat in the photo weren’t mine.

    • I agree that Amazon Logistics drivers often do not follow delivery instructions. Instead of putting them inside a blue box on my front porch (as is stated in one of my address lines on the shipping label), they often leave them in the driveway, in front of the garage door. I can’t tell you how many times I have spoken to Amazon Logistics supervisors, to little avail. At this point, I’m surprised when the drivers follow my instructions.

      On the other hand, Prime shipping is still free, which in itself pays for the fee, given how much this Covid hermit orders from Amazon, and I usually don’t mind if the delivery times exceed two days. I was supposed to get a package yesterday but was notified it’s coming today. It’s a book; it’s not time critical.

    • First year had delivery issue going to neighboring parking lot I back on, where there are cars parked at back gate and anyone could help themselves from apartment building, plus I also had no access to this area due to construction internally…

  3. I live in a rural area 45 minutes south of a metropolitan area. Despite being a Prime member, NONE of my items arrive within two days. In many cases Prime items don’t even ship within two days. When I’ve complained, someone apologizes and offered a $5 credit (which I’ve never received). It’s sometimes quicker to have items delivered to a family member in a more congested area and have them re-ship the item to me.

    • Same problem, although more annoying because I run a business. Even if I do get “two-day” delivery, the packages often arrive sometime in the evening, which effectively makes it three days. Some stuff never arrives at all; some takes a week.

    • I concur, I look at moving the shipping to my parents address which is rural and generally they add several days on. Still I have to say they do better than Walmart – just my experience.

  4. I suppose Amazon has an occasional late delivery, but they clearly meet the spirit of their prompt delivery mission. I marvel at how well their vast system works and their delivery quality is second to none – Amazon drivers care much more than Fedex/UPS about delivering to a safe, dry location and following customer instructions. And they give you photographic evidence that invites feedback. For all that, I can forgive an occasional logistics issue. Also, I’m able to use Prime’s music and video features so my membership cost yields me more than just faster shipping times.

    • Unless one now pays for Prime Music Unlimited and retains just Prime Music, one’s scores (no pun intended) of Library selections are rendered useless due to their new shuffle feature, which can be eliminated only with the Unlimited feature for—what is it, $10 or $12 a month? No, thank you. I’ll listen and watch my preferred music (mostly classical and jazz, which is why shuffling movements of a symphony is ridiculous) on YouTube or other sites.

  5. Prime used to give you two day delivery on most items. Now it rarely does with the delivery window now being four to five days. This started during the pandemic.

  6. Delivery has been terrible lately. I’m waiting on batteries that were listed as prime for almost two weeks. This holiday season it’s rare that items arrive on time

  7. Same… used to get items in 2 days…for many years . which is what 8 paid for with Prime membership have not received 2 day shipping in over a year… sometimes well over a week. i also pay for UPS Shipping no transfer to USPS for faster shipping. i have to Cancel some items that have not shipped in a week.. Walmart has 2-3 day ship on many items no issues and no yearly payment.

  8. We occasionally do have delivery issues with Amazon, but lateness isn’t often one of them. On the occasions when we feel the need to rush a delivery (1- or 2-day), they almost always come through for us.

    I’d say we’re inconvenienced more often by premature deliveries than late deliveries … for instance, if a package comes days earlier than expected and we’re out of town.

    We try to group our orders to minimize the number of trips Amazon makes to our house, and the number of boxes they use. It’s discouraging to arrange an order for a single Amazon Day Delivery and then still have components of the order arrive over the course of multiple days.

    Overall it’s a pretty amazing service, and their customer service has been very kind to us as well. I wish I had more to complain about, since I know that the company is evil and I feel guilty every time I use it (I try to use them only when alternate sources are either much less convenient or much more expensive). Come on, FTC!

  9. I think the bigger question is this: Does it matter? I think the concept that I must have it immediately is really a result of poor planning and it really doesn’t matter if it is same day or 2 days. This lawsuit sounds more like a waste of time and a lawyer’s dream. I have used Amazon for 6 years and rarely is a shipment late.

    • “I think the bigger question is this: Does it matter?”

      I don’t think that’s the right question. Sure, you and I could go back and forth on the morality of a “need it now” society that has lost the ability to drive to Target and pick something up if they need it before next week, but that’s not the point of this from a legal standpoint.

      The important question is, “Amazon advertises a 2-day delivery window on Prime eligible products for Prime members, are they consistently meeting the spirit of that offering to the best of their ability?”

      I think the answer is probably no.

    • There have been times when I ordered something on Monday and selected Saturday delivery because I didn’t need the item right away. Then the delivery was delayed until Sunday or Monday. Then there were a few times when I didn’t need the item until the weekend, but selected the 2 day shipping because of those past experiences, and delivery was delayed until the weekend, which was OK. Now I play the delay prediction game.

  10. Depending on the item, it can take longer to receive them, but it’s usually known upon checkout how long it will take to receive the order. I recently ordered same-day shipping on an item and it was at my doorstep 3-4 hours later. I think part of the issue is availability in the nearest warehouse, and that’s why it can take longer.

    • Same with me. On the few times that the order is going to be late,Amazon has contacted me with the option of waiting until the product is restocked or cancelling. Overall pleased with Amazon as I take advantage of the many Prime services offered.

  11. We have had nothing but fast sometimes early delivery.
    No complaints. If we have an early appointment we see several (10-12) Prime vans out on the road by 8 am.

  12. I’ve been fortunate to have 99% on-time deliveries from Amazon. Only complaint is for the delivery person not to leave item at doorstep but to insure that someone accepts the item.

  13. Things arrived FAST for awhile after I signed up for Prime in August.
    They’ve slowed down considerably, now that the holidays have arrived… but then again, EVERYTHING comes at a snail’s pace these days. I’d say maybe 40% of what I order from any online entity actually comes expediently.

  14. When you contact Amazon about it their standard reply is that the 1 or 2 days refers to the shipping time AFTER they actually ship the item. In many cases, they wait a day up to as long as months, depending on the item, to actually ship it. Yes, I find that misleading, and is one of the many reasons I don’t pay for Prime. There are plenty of ways of getting the same, or even faster shipping of your items, including shopping elsewhere. Staples, for example, usually ships things next day. I’ve had Walmart deliver things the SAME day I ordered.

  15. I have noticed that 1-3 day delivery on prime HAS NOT be the normal for several months now. Some of my orders have been under prime shipping scheduled out to over a week. What gives?

  16. This is undoubtedly true. It was honestly better five years ago than it is today. All Amazon does in their commercials is harp on how you can get your products in two days etc. etc., but all you run into are products that “ship in two days”, but take four days to go “out for delivery”. They’ll tell you the two days doesn’t start until they actually box up your product and put it on a truck or any other thing they can think up to explain off why it isn’t shipping in two days. This has gotten worse as they’ve allowed more 3rd party sellers into the prime shipping club without actually requiring that those 3rd party sellers maintain that 2 day shipping, and if you call and complain Amazon will tell you that you need to speak with the company that is shipping out your products.

    I’m not normally pro-litigation, but this is a clear case of Amazon under delivering on its promise here.

  17. I’ve had prime for years, and have been every happy with it. As Steve H. said, the music and video features are also useful and save another subscription.

    As far as delivery speed, it varies greatly by location. In the Dallas area things are fast. When I was in Manhattan on a business trip I needed something ASAP so tried prime… 2-3 day was the shortest while in Dallas it was next day. So location really does matter!

    I don’t use next-day much, and probably have never used same-day. Often I wish it was slower to save on waste/boxes! Amazon Day deliveries don’t seem to help much. Probably because they’re coming from different warehouses. I also try and batch orders, but they still end up coming 2-3 days in a row.

    Without prime, their system seems to hold warehouse picking a few days.. I found that annoying.

  18. I generally have a very good experience with Amazon Prime Delivery. There are things that a consumer should be aware. Make sure the item states it is actually coming from Amazon, not a private vendor and that it offers Prime Shipping. Many private vendors that sell on Amazon offer FREE SHIPPING but ship from overseas which can take a long time – not 1-2 days. I personally don’t like that Amazon Prime may opt to use UPS who in turn substitutes delivery to USPS. When this happens items are often delayed and very hard to track. As a Prime Member I prefer my pkgs to be handled by Amazon delivery! I carefully review my order details at checkout. If I am not sure everything is right, I cancel the order at that point and look elsewhere. I have used Amazon since its start and order several items every month. Seldom have a problem.

  19. I have been a Prime Member for about 12-15 years. In the beginning, Prime would deliver about 48 hours from the time of order.
    Now, for the past 24 months, my prime orders have been delivered about 7-10 days. Sometimes 2-3 weeks. So why become a Prime Member?

  20. 2-day delivery is all over the place. Some things arrive within the 2 day time frame. One item took over 2 MONTHS, and then it was a fake product, sold on amazon as a name brand product, what arrived was (hooded sweatshirt) was sewn wrong, hood near left shoulder, not in the middle, zipper put in backwards, and could not get up and down and areas around the bottom of the garment were shredded. The name brand label was hot ironed on, not sewn in, talking with customer service, they wouldnt even give me anything as a courtesy for the 2 month wait or the fact of the damaged product, it went in the trash.
    Other wait times have been so sporadic, one can only guess when something will show up, even if you’ve been paying for prime, it does not seem to matter. Which begs the question, why pay for something that is not working right.

  21. I live in rural northwest Ohio. None of our orders arrive in two days. I can’t tell you the last time we had an order arrive in two days. We do most of our Christmas shopping on Amazon. This year, orders are taking 4-7 days with UPS.

  22. Been a customer for last few years and do not expect things coming from around the world to be in less than 2-4 weeks by mail which is cheapest option for the price in some cases and have to consider weather in some parts of the world where drivers have no control for safety sake, have had daily or 2 day delivery and like last night recieved half an order not even been shipped by info status… Anyway that Prime fee does not even cover shipping sometimes even one item depending size and weight and such…YOU ARE GETTING A DEAL…OR WOULD YOU GLADLY PAY FOR SHIPPING AT 25.00 OR MORE FOR EACH SMALL ITEM, NEVER MIND 100.00 EACH FOR BIGGER AND HEAVIER ITEMS…POST OFFICE HERE HAS ADDED A 40.00 FEE FOR EACH ITEM HERE DUE TO CARRIER FEES HAVING GONE UP…

    • Would gladly give more answers via my experiences with Amazon and shipping as have been a avid online shopper of things from different parts of the world and how long it can take to get from time of order to delivery some with tracking and many without any tracking…some do their shipping via boat and then has added ports before getting to land base ports which can take months…

  23. I agree! It especially irritating when you need something quickly or are on a timeline (e.g, leaving for vacation).

  24. I’m midway between two distribution centers 20 miles distant and 60 miles from another. Same day,1-day, 2-day, all are fairly, almost usually, spot-on. However, delivery is almost always after supper, adding a day except for the paid-extra timed slots. I’ve paid and received delivery in as little as 6 hours, but it is rare that I do that. Still, cheaper than paying tolls. never mind gas, to go local.

    My main problem is when the item is coming directly from a vendor. No matter what the speed, I have had MANY situations where delivery is nowhere close to the estimated date, Prime or not. I have cancelled quite a few orders because they were so late I went local in the meantime.

    What I REALLY don’t like is on “apparently lost” items I can’t get a refund for 2 days after the expected date. I’m still missing a vendor article due two weeks ago. Refunded, but they backed the “Shipped” status out. Seems cover-up-ish to me.

    As of 10 minutes ago, 327 orders this year, so drivers know us and we have all deliveries where we requested, out of sight and out of the weather. I have a quibble with Amazon, but there drivers do us a great job. I do feedback on every delivery — takes maybe 15 seconds to click the appropriate boxes. Wish it weren’t anonymous so the drivers would know who bothers to send kudos. They may suspect because if it happens to be an afternoon delivery in 100+ degree summer heat here (FL) they may find me meeting them at the door with a bottle of cold water — extension of the old military adage of don’t piss off the paymaster or the cook.

  25. I have also experienced the same issue with Amazon. Items have taken between
    3-5 days when promised Next Day. I ordered an item that promised next day and I didn’t receive it, period. After two weeks of checking, I saw that they had canceled the order but it took two weeks to send me this info.

  26. I do not have the same day or one day option for most items in my area. I never use the 2 day option unless I really need it or they are not offering me the no rush reward. Normally I use the Amazon day so they arrive on my day off and rarely does it not show up on that day. Usually if it does not it is due to unforeseen weather or an issue with my driver. I use my Prime membership for so many other things though, the price for the membership is worth it to me. As long as you have the correct zip code in when you are shopping, like say you are sending it to a friend or a family member in a different city, you should see pretty accurate dates for delivery. All processing time is included in that estimate. If you are consistently having issues with late deliveries it may be the delivery distribution center in your area. Just keep calling and giving feedback and they will listen. Use your option to give feedback on the delivery.
    Does Amazon misrepresent it, I don’t think so, but they do take advantage of people not reading the “mouseprint”.

  27. Yes! We did not renew our membership this past year. I understood when deliveries slowed down at the beginning of COVID, but by year 2, I expected them to figure it out or not advertise that they still provided “free 2 day shipping”. It was taking about 1 week to get anything. Between feeling like it was not a great idea to continue to support Jeff B and not getting the expedited shipping any more, we were out!

  28. Right now I’m waiting on several orders that I placed last week. I might get 2 day shipping from the time they send them but never from the time I order.

  29. I finally succumbed to the ‘Free 30 Days of Prime’ mainly because I wanted to take advantage of Whole Foods deliveries (that were supposed to be free if you bought a certain amount). Come to find out that they charged a $9.95 ‘service fee’! As for the ‘two-day’ delivery, it was about 60/40 when it came to be delivered on time. I usually wait to order things when it is over $25.00 so I can get free delivery. When my 30 days were up & I DID NOT subscribe. I don’t have a car at the moment so ordering larger items online is just easier & sometimes cheaper. I am sometimes frustrated with their customer service but…?

  30. I have noticed a decline in the speed at times – it may
    depend somewhat on the product being ordered and
    whether it’s direct from Amazon or from another seller.

    I did receive a $5 credit once for a delivery promise
    that was missed.

  31. Amazon has been regularly taking a lot longer than the promised 2 days on almost everything I order from them. I was ok with the delivery being slower after Covid first hit, but it’s pretty frustrating now.

  32. In the last month, my Prime delivery times have greatly increased. I recently bought a new phone and was looking for a new case. It took over 2 weeks to get cases delivered to my home. I live in Tucson, AZ, not some small rural village.
    I chatted with Amazon and complained. I got a $5 refund. At that time I had a book order pending. It was going to take 2 weeks to get the book. After I complained, they sped up the shipping so it would take a week. I didn’t need the book and canceled it anyway.
    I’ve noticed that once the items ship, the delivery is 1-2 days. But it takes at least a week to ship.

  33. A lot of people complain, but we forget what things were like before Amazon. Back then we got to choose between UPS ground (5 business days for $6), UPS air (2 – 4 days for $25) or UPS next day ($50). UPS ground only delivered M-F. If I placed an order on Monday, I prayed that the vendor got it out in time so it would be delivered by Friday. Otherwise, I was at least waiting until Monday. Now I get deliveries on Saturdays and Sundays, sometimes in 1 or 2 days, and am not paying $25 per order.

  34. Same! They were horrible when they stopped using USPS and started using their own drivers, then they got really good at it once their infrastructure was fully in place, and then (almost entirely during the pandemic) they have been completely unable to hit 50% of their delivery estimates for me. I’m fed up with it and if I hadn’t bought the annual subscription, I would’ve cancelled by now and stuck to just a Prime Video services subscription, a month at a time here and there.

  35. In general, I have been more than pleased with the speed of delivery, and the ease of returns, with Amazon Prime. However, when buying from sellers not associated with Amazon, I have waited a month — or more — to receive items. When I place orders, I don’t routinely check where the items originate. That fact should be HIGHLIGHTED for each item sold by independent sellers.

  36. I actually got my last year of Prime fees refunded because of issues with late deliveries, when I had 5 packages arrive late in a row. (And I live in an urban center with multiple hubs around me). They know it’s an issue!

  37. My experience is that Amazon meets or beats its two day delivery commitment for Prime. It is rarely late and Amazon notifies me if that happens.

    As others point out, if an item does not reference prime delivery, the policy does not apply.

  38. I’ve noticed many of my deliveries are later than Prime indicates they should be. Thought it was due to Covid or shipping delays but it doesn’t seem to be. Another issue: Amazon eliminated the photo portion on iCloud. That’s a huge reduction in benefits.

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