The lawsuit, filed by David Ramirez, alleges, “While there is nothing wrong with a legitimate sale, a fake one – that is, one with made-up list or reference prices, made-up discounts, and made-up expirations – is deceptive.”
“Defendants prominently advertise purported time-limited sales that apply to all of their Fire TVs. These advertisements include purported list prices and purported discounts. Typically, the fake list prices and purported discounts are accompanied by a false or misleading representation that customers are getting a ‘Limited time deal,'” the complaint continues.
Ramirez alleges that the “List Price” is made up and that the televisions never sold for that price.
“Each of the Fire TVs in this action was sold with advertised List Price that were not sold by Amazon at or above those prices in more than 90 days, making the above statement, as well as the sales prices and percentage discounts, false and misleading,” the complaint says.
The Fire TVs are not in fact on “sale.” The advertised sales prices are not “limited time deals.” The List Prices are not real. Amazon tricks its customers into buying Fire TVs by making them believe they are buying Fire TVs at steep discounts. Amazon omits critical information concerning how long putative “sales” would last, and when the List Prices were actually in use, which Plaintiff and class members relied on to their detriment. Amazon’s customers spent more money than they otherwise would have if not for the purported time limited bargains.
Lawyers tracked Amazon Fire TV prices for almost a year and found they were almost never sold for “List Price” except in a few cases where the price hiked “for an extremely short period, in some instance as short as literally one day, and then immediately to lower the actual sales price back down.”
According to a report from Cheapism, if a judge decides the case can proceed, it will likely become a class action lawsuit and “anyone who was wronged by Amazon in the same way (probably by purchasing an Amazon Fire TV) would be eligible to sign up to join the class and receive a portion of the settlement.”
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