Los Angeles, CA asked in Civil Litigation and Small Claims for California

Q: How do i go about seeking counsel on an Amazon refund small claims suit?

I've just been given the run around about my refund ($1244.67) for an iphone 13 pro max, which was sent back within 2 months from purchase. I did buy the renewed premium, so that extend the return date to 365 days from purchase. I have and sent to Amazon's customer service the proof they already had pictures and video of the package being handed over to the driver, the truck and a screenshot of the email from the carrier UPS that package was confirmed delivered on may 1st 2023, the confirmation. So allegedly the past few calls to Amazon to speak with a supervisor, or the specialist dept as the like to call it, they keep telling me the same thing fm countless minutes on hold they say there nothing that they can do, contact the carrier, and they say they are disconnecting the call and they hang up, every single time. Im way past frustrated. Can you help

3 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: If you're experiencing difficulties with an Amazon refund for an iPhone 13 Pro Max, here are some general steps you can consider. First, research small claims court procedures in your jurisdiction. Next, gather all relevant evidence and document your communication attempts with Amazon. Find an attorney specializing in consumer protection or small claims cases, or seek assistance from a legal aid service if needed. Consider filing a complaint with consumer protection agencies and, as a last resort, file a small claims lawsuit against Amazon.

Adam Stoddard
Adam Stoddard
Answered
  • Santa Clara, CA
  • Licensed in California

A: You could initiate a small claims case, but you will need to pay the filing fee (typically around $150), and then serve Amazon with a copy of the Complaint. They probably have a registered agent for service of process you can find on the California Secretary of State website. Once you do that, the claim would likely get elevated to Amazon legal, and they would try to resolve the issue before a hearing. If not, you would need to plead your case to the judge, but from what you say, it sounds like you were well within the return window and have proof of return, but no refund.

A: You should look for an experienced attorney practicing in the area of consumer law in or near the county where the iPhone was delivered to you.

I note that iPhones are manufactured by Apple, so your breach of warranty claim probably ought to be directed at Apple, not Amazon. Apple does have an online store which can be accessed from the Amazon market platform. While Amazon is an online retailer, it also hosts an online marketplace where third-parties like Apple can sell products.

Your legal remedy may be against a third-party seller, not against Amazon.

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