NEW YORK (Legal Newsline) - Mary Baron, Calhea Johnson, Malika McLean and Tony Watson filed a federal class-action lawsuit on Nov. 19 in the Southern District of New York against Amazon, Inc. for violation of the New York General Business Law Section 349 and 350 and unjust enrichment.
According to the complaint, Amazon provides consumers the option to “buy” movies, television or cable shows and music for a fee and the contents purchased are then stored in a folder. The suit alleges that digital content sold by Amazon is licensed to Amazon by the content's owner, meaning it is not a true sale as Amazon cannot legally pass the title of any licensed digital content to consumers it claims to be selling the materials to.
When a licensing agreement with Amazon is terminated, that product "purchased" by a consumer is pulled from the folder it was contained in and Amazon does not issue a refund. Amazon continues to market and mislead consumers into believing the digital content is being sold to them, but it is only passing a consumer the license to view it.
Plaintiffs are represented by Carlos F. Ramirez of Reese LLP in New York City.
District Court of Southern New York case number 1:21-cv-09636-PAC