A Montreal citizen is trying to make Amazon pay for its decision to close its Quebec warehouses by filing a request for authorization to institute a class action.

Jean Desnoyers believes that the company has not respected the terms of its contract with its Prime subscribers. Amazon promises Prime subscribers delivery in two days or less for eligible items, but many members, including Desnoyers, have experienced delivery times of up to five days.

According to the motion filed this Wednesday with the Quebec Superior Court, this inability to meet deadlines is a direct result of the unilateral closure of Amazon's seven Quebec warehouses on January 22.

Mr. Desnoyers maintains that this closure had a significant impact on delivery times, which Amazon was fully aware of. Yet the company has neither informed its Quebec Prime subscribers nor adjusted its membership rates, which remain at $99 per year or $9.99 per month.

The class-action suit seeks to represent all Quebec Prime subscribers between January 22, 2025 and the date of acceptance of the motion. 

Extended delivery times

Court filings include several screenshots demonstrating that two-day delivery is a significant benefit of the Prime service. This promise is promoted on Amazon's website, its mobile application and in its promotional material.

When announcing the closure of its warehouses, Amazon had said it would use a third party to ensure deliveries without impacting on service quality. However, many subscribers, including Desnoyers, have noticed that delivery times for Prime items have increased to at least four days. Yet Amazon continues to charge the full price of membership and promote two-day delivery as a core benefit of its service.

Accusations of misrepresentation

According to Mr. Desnoyers' application, Amazon is engaging in misrepresentation and contravening several sections of the Consumer Protection Act. As a result, he is asking the court to order Amazon to reimburse Prime membership fees in full for any period during which two-day delivery was not respected. He is also seeking reimbursement of the difference between the full membership fee and the reduced value of the service received.

In addition, he is asking the Court to order reimbursement of all additional costs caused by late delivery, with interest. Finally, he is seeking punitive damages in an amount to be determined by the court.

This class action could have a significant impact on the way Amazon manages its services and informs its subscribers of material changes affecting the quality of its services.