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Washington, D.C. AG Sues Amazon for Secretly Excluding Prime Delivery to High-Crime Zip Codes

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Brian Schwalb, Attorney General for the District of Columbia, has filed a lawsuit accusing Amazon of failing to provide its advertised fastest delivery service to two D.C. zip codes while continuing to charge full price for its Amazon Prime service to the approximately 48,000 Prime members living in the area.

The suit, filed in the District’s Superior Court, alleges that in June 2022 Amazon made a secret internal decision to stop using its fleet of branded trucks to make Prime deliveries to DC zip codes 20019 and 20020, which are high-crime areas of the city east of the Anacostia River. Amazon instead used third-party services such as UPS or USPS, which the company knows are slower than its own. According to the suit, Amazon not only failed to inform current or prospective Prime members of the delivery exclusion; the company also misled consumers into believing that slow deliveries were simply a coincidence.

Amazon denies the lawsuit’s allegations: “The claims made by the Attorney General that our business practices are somehow discriminatory or deceptive, are categorically false,” said Kelly Nantel, a spokesperson for Amazon in comments provided to Retail TouchPoints. “In the zip codes in question, there have been specific and targeted acts against drivers delivering Amazon packages. We made the deliberate choice to adjust our operations, including delivery routes and times, for the sole reason of protecting the safety of drivers. And we’re always transparent with customers during the shopping journey and checkout process about when, exactly, they can expect their orders to arrive.”

Amazon also stressed the dangers its drivers have faced: “In recent years, crimes against drivers in these zip codes included repeated instances of carjacking, vehicle theft, armed robbery, assault and other forms of gun violence,” said Nantel.

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While companies can make operational changes to protect their employees, they are required to inform consumers about any adverse impacts those changes will have on service quality or speed. The lawsuit is seeking to have Amazon stop the exclusion going forward as well as seeking restitution and damages for affected Prime members living in these zip codes.

“Amazon is charging tens of thousands of hard-working Ward 7 and 8 residents for an expedited delivery service it promises but does not provide,” said Schwalb in a statement. “While Amazon has every right to make operational changes, it cannot covertly decide that a dollar in one zip code is worth less than a dollar in another. We’re suing to stop this deceptive conduct and make sure District residents get what they’re paying for.”

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